| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| 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 2020 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 In certain cases in which a repealed Act or Section | ||||||||||||||||||||||||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| 16 | incorporate amendments to the repealed Act or Section into the | ||||||||||||||||||||||||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 100-1178 through 101-621 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 Regulatory Sunset Act is amended by changing | ||||||
| 10 | Sections 4.30 and 4.40 as follows:
| ||||||
| 11 | (5 ILCS 80/4.30) | ||||||
| 12 | Sec. 4.30. Act Acts repealed on January 1, 2020. The | ||||||
| 13 | following Act is Acts are repealed on January 1, 2020: | ||||||
| 14 | The Illinois Landscape Architecture Act of 1989.
| ||||||
| 15 | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | ||||||
| 16 | 100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff. | ||||||
| 17 | 8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, | ||||||
| 18 | eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; | ||||||
| 19 | 101-357, eff. 8-9-19; 101-614, eff. 12-20-19; 101-621, eff. | ||||||
| 20 | 12-20-19; revised 1-6-20.)
| ||||||
| 21 | (5 ILCS 80/4.40) | ||||||
| 22 | Sec. 4.40. Acts Act repealed on January 1, 2030. The | ||||||
| 23 | following Acts are Act is repealed on January 1, 2030: | ||||||
| |||||||
| |||||||
| 1 | The Auction License Act.
| ||||||
| 2 | The Illinois Architecture Practice Act of 1989. | ||||||
| 3 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
| 4 | The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||||||
| 5 | The Perfusionist Practice Act. | ||||||
| 6 | The Professional Engineering Practice Act of 1989. | ||||||
| 7 | The Real Estate License Act of 2000. | ||||||
| 8 | The Structural Engineering Practice Act of 1989. | ||||||
| 9 | (Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19; | ||||||
| 10 | 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff. | ||||||
| 11 | 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357, | ||||||
| 12 | eff. 8-9-19; revised 9-27-19.)
| ||||||
| 13 | Section 10. The Open Meetings Act is amended by changing | ||||||
| 14 | Sections 1.05 and 2 as follows:
| ||||||
| 15 | (5 ILCS 120/1.05)
| ||||||
| 16 | Sec. 1.05. Training. | ||||||
| 17 | (a) Every public body shall designate employees, officers, | ||||||
| 18 | or members to receive training on compliance with this Act. | ||||||
| 19 | Each public body shall submit a list of designated employees, | ||||||
| 20 | officers, or members to the Public Access Counselor. Within 6 | ||||||
| 21 | months after January 1, 2010 (the effective date of Public Act | ||||||
| 22 | 96-542) this amendatory Act of the 96th General Assembly, the | ||||||
| 23 | designated employees, officers, and members must successfully | ||||||
| 24 | complete an electronic training curriculum, developed and | ||||||
| |||||||
| |||||||
| 1 | administered by the Public Access Counselor, and thereafter | ||||||
| 2 | must successfully complete an annual training program. | ||||||
| 3 | Thereafter, whenever a public body designates an additional | ||||||
| 4 | employee, officer, or member to receive this training, that | ||||||
| 5 | person must successfully complete the electronic training | ||||||
| 6 | curriculum within 30 days after that designation.
| ||||||
| 7 | (b) Except as otherwise provided in this Section, each | ||||||
| 8 | elected or appointed member of a public body subject to this | ||||||
| 9 | Act who is such a member on January 1, 2012 (the effective date | ||||||
| 10 | of Public Act 97-504) this amendatory Act of the 97th General | ||||||
| 11 | Assembly must successfully complete the electronic training | ||||||
| 12 | curriculum developed and administered by the Public Access | ||||||
| 13 | Counselor. For these members, the training must be completed | ||||||
| 14 | within one year after January 1, 2012 (the effective date of | ||||||
| 15 | Public Act 97-504) this amendatory Act. | ||||||
| 16 | Except as otherwise provided in this Section, each elected | ||||||
| 17 | or appointed member of a public body subject to this Act who | ||||||
| 18 | becomes such a member after January 1, 2012 (the effective date | ||||||
| 19 | of Public Act 97-504) this amendatory Act of the 97th General | ||||||
| 20 | Assembly shall successfully complete the electronic training | ||||||
| 21 | curriculum developed and administered by the Public Access | ||||||
| 22 | Counselor. For these members, the training must be completed | ||||||
| 23 | not later than the 90th day after the date the member: | ||||||
| 24 | (1) takes the oath of office, if the member is required | ||||||
| 25 | to take an oath of office to assume the person's duties as | ||||||
| 26 | a member of the public body; or | ||||||
| |||||||
| |||||||
| 1 | (2) otherwise assumes responsibilities as a member of | ||||||
| 2 | the public body, if the member is not required to take an | ||||||
| 3 | oath of office to assume the person's duties as a member of | ||||||
| 4 | the governmental body. | ||||||
| 5 | Each member successfully completing the electronic | ||||||
| 6 | training curriculum shall file a copy of the certificate of | ||||||
| 7 | completion with the public body. | ||||||
| 8 | Completing the required training as a member of the public | ||||||
| 9 | body satisfies the requirements of this Section with regard to | ||||||
| 10 | the member's service on a committee or subcommittee of the | ||||||
| 11 | public body and the member's ex officio service on any other | ||||||
| 12 | public body. | ||||||
| 13 | The failure of one or more members of a public body to | ||||||
| 14 | complete the training required by this Section does not affect | ||||||
| 15 | the validity of an action taken by the public body. | ||||||
| 16 | An elected or appointed member of a public body subject to | ||||||
| 17 | this Act who has successfully completed the training required | ||||||
| 18 | under this subsection (b) and filed a copy of the certificate | ||||||
| 19 | of completion with the public body is not required to | ||||||
| 20 | subsequently complete the training required under this | ||||||
| 21 | subsection (b). | ||||||
| 22 | (c) An elected school board member may satisfy the training | ||||||
| 23 | requirements of this Section by participating in a course of | ||||||
| 24 | training sponsored or conducted by an organization created | ||||||
| 25 | under Article 23 of the School Code. The course of training | ||||||
| 26 | shall include, but not be limited to, instruction in: | ||||||
| |||||||
| |||||||
| 1 | (1) the general background of the legal requirements | ||||||
| 2 | for open meetings; | ||||||
| 3 | (2) the applicability of this Act to public bodies; | ||||||
| 4 | (3) procedures and requirements regarding quorums, | ||||||
| 5 | notice, and record-keeping under this Act; | ||||||
| 6 | (4) procedures and requirements for holding an open | ||||||
| 7 | meeting and for holding a closed meeting under this Act; | ||||||
| 8 | and | ||||||
| 9 | (5) penalties and other consequences for failing to | ||||||
| 10 | comply with this Act. | ||||||
| 11 | If an organization created under Article 23 of the School | ||||||
| 12 | Code provides a course of training under this subsection (c), | ||||||
| 13 | it must provide a certificate of course completion to each | ||||||
| 14 | school board member who successfully completes that course of | ||||||
| 15 | training. | ||||||
| 16 | (d) A commissioner of a drainage district may satisfy the | ||||||
| 17 | training requirements of this Section by participating in a | ||||||
| 18 | course of training sponsored or conducted by an organization | ||||||
| 19 | that represents the drainage districts created under the | ||||||
| 20 | Illinois Drainage Code. The course of training shall include, | ||||||
| 21 | but not be limited to, instruction in: | ||||||
| 22 | (1) the general background of the legal requirements | ||||||
| 23 | for open meetings; | ||||||
| 24 | (2) the applicability of this Act to public bodies; | ||||||
| 25 | (3) procedures and requirements regarding quorums, | ||||||
| 26 | notice, and record-keeping under this Act; | ||||||
| |||||||
| |||||||
| 1 | (4) procedures and requirements for holding an open | ||||||
| 2 | meeting and for holding a closed meeting under this Act; | ||||||
| 3 | and | ||||||
| 4 | (5) penalties and other consequences for failing to | ||||||
| 5 | comply with this Act. | ||||||
| 6 | If an organization that represents the drainage districts | ||||||
| 7 | created under the Illinois Drainage Code provides a course of | ||||||
| 8 | training under this subsection (d), it must provide a | ||||||
| 9 | certificate of course completion to each commissioner who | ||||||
| 10 | successfully completes that course of training. | ||||||
| 11 | (e) A director of a soil and water conservation district | ||||||
| 12 | may satisfy the training requirements of this Section by | ||||||
| 13 | participating in a course of training sponsored or conducted by | ||||||
| 14 | an organization that represents soil and water conservation | ||||||
| 15 | districts created under the Soil and Water Conservation | ||||||
| 16 | Districts Act. The course of training shall include, but not be | ||||||
| 17 | limited to, instruction in: | ||||||
| 18 | (1) the general background of the legal requirements | ||||||
| 19 | for open meetings; | ||||||
| 20 | (2) the applicability of this Act to public bodies; | ||||||
| 21 | (3) procedures and requirements regarding quorums, | ||||||
| 22 | notice, and record-keeping under this Act; | ||||||
| 23 | (4) procedures and requirements for holding an open | ||||||
| 24 | meeting and for holding a closed meeting under this Act; | ||||||
| 25 | and | ||||||
| 26 | (5) penalties and other consequences for failing to | ||||||
| |||||||
| |||||||
| 1 | comply with this Act. | ||||||
| 2 | If an organization that represents the soil and water | ||||||
| 3 | conservation districts created under the Soil and Water | ||||||
| 4 | Conservation Districts Act provides a course of training under | ||||||
| 5 | this subsection (e), it must provide a certificate of course | ||||||
| 6 | completion to each director who successfully completes that | ||||||
| 7 | course of training. | ||||||
| 8 | (f) An elected or appointed member of a public body of a | ||||||
| 9 | park district, forest preserve district, or conservation | ||||||
| 10 | district may satisfy the training requirements of this Section | ||||||
| 11 | by participating in a course of training sponsored or conducted | ||||||
| 12 | by an organization that represents the park districts created | ||||||
| 13 | in the Park District Code. The course of training shall | ||||||
| 14 | include, but not be limited to, instruction in: | ||||||
| 15 | (1) the general background of the legal requirements | ||||||
| 16 | for open meetings; | ||||||
| 17 | (2) the applicability of this Act to public bodies; | ||||||
| 18 | (3) procedures and requirements regarding quorums, | ||||||
| 19 | notice, and record-keeping under this Act; | ||||||
| 20 | (4) procedures and requirements for holding an open | ||||||
| 21 | meeting and for holding a closed meeting under this Act; | ||||||
| 22 | and | ||||||
| 23 | (5) penalties and other consequences for failing to | ||||||
| 24 | comply with this Act. | ||||||
| 25 | If an organization that represents the park districts | ||||||
| 26 | created in the Park District Code provides a course of training | ||||||
| |||||||
| |||||||
| 1 | under this subsection (f), it must provide a certificate of | ||||||
| 2 | course completion to each elected or appointed member of a | ||||||
| 3 | public body who successfully completes that course of training. | ||||||
| 4 | (g) An elected or appointed member of the board of trustees | ||||||
| 5 | of a fire protection district may satisfy the training | ||||||
| 6 | requirements of this Section by participating in a course of | ||||||
| 7 | training sponsored or conducted by an organization that | ||||||
| 8 | represents fire protection districts created under the Fire | ||||||
| 9 | Protection District Act. The course of training shall include, | ||||||
| 10 | but not be limited to, instruction in: | ||||||
| 11 | (1) the general background of the legal requirements | ||||||
| 12 | for open meetings; | ||||||
| 13 | (2) the applicability of this Act to public bodies; | ||||||
| 14 | (3) procedures and requirements regarding quorums, | ||||||
| 15 | notice, and record-keeping under this Act; | ||||||
| 16 | (4) procedures and requirements for holding an open | ||||||
| 17 | meeting and for holding a closed meeting under this Act; | ||||||
| 18 | and | ||||||
| 19 | (5) penalties and other consequences for failing to | ||||||
| 20 | comply with this Act. | ||||||
| 21 | If an organization that represents fire protection | ||||||
| 22 | districts organized under the Fire Protection District Act | ||||||
| 23 | provides a course of training under this subsection (g), it | ||||||
| 24 | must provide a certificate of course completion to each elected | ||||||
| 25 | or appointed member of a board of trustees who successfully | ||||||
| 26 | completes that course of training. | ||||||
| |||||||
| |||||||
| 1 | (h) (g) An elected or appointed member of a public body of | ||||||
| 2 | a municipality may satisfy the training requirements of this | ||||||
| 3 | Section by participating in a course of training sponsored or | ||||||
| 4 | conducted by an organization that represents municipalities as | ||||||
| 5 | designated in Section 1-8-1 of the Illinois Municipal Code. The | ||||||
| 6 | course of training shall include, but not be limited to, | ||||||
| 7 | instruction in: | ||||||
| 8 | (1) the general background of the legal requirements | ||||||
| 9 | for open meetings; | ||||||
| 10 | (2) the applicability of this Act to public bodies; | ||||||
| 11 | (3) procedures and requirements regarding quorums, | ||||||
| 12 | notice, and record-keeping under this Act; | ||||||
| 13 | (4) procedures and requirements for holding an open | ||||||
| 14 | meeting and for holding a closed meeting under this Act; | ||||||
| 15 | and | ||||||
| 16 | (5) penalties and other consequences for failing to | ||||||
| 17 | comply with this Act. | ||||||
| 18 | If an organization that represents municipalities as | ||||||
| 19 | designated in Section 1-8-1 of the Illinois Municipal Code | ||||||
| 20 | provides a course of training under this subsection (h) (g), it | ||||||
| 21 | must provide a certificate of course completion to each elected | ||||||
| 22 | or appointed member of a public body who successfully completes | ||||||
| 23 | that course of training. | ||||||
| 24 | (Source: P.A. 100-1127, eff. 11-27-18; 101-233, eff. 1-1-20; | ||||||
| 25 | revised 9-27-19.)
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
| 2 | Sec. 2. Open meetings.
| ||||||
| 3 | (a) Openness required. All meetings of public
bodies shall | ||||||
| 4 | be open to the public unless excepted in subsection (c)
and | ||||||
| 5 | closed in accordance with Section 2a.
| ||||||
| 6 | (b) Construction of exceptions. The exceptions contained | ||||||
| 7 | in subsection
(c) are in derogation of the requirement that | ||||||
| 8 | public bodies
meet in the open, and therefore, the exceptions | ||||||
| 9 | are to be strictly
construed, extending only to subjects | ||||||
| 10 | clearly within their scope.
The exceptions authorize but do not | ||||||
| 11 | require the holding of
a closed meeting to discuss a subject | ||||||
| 12 | included within an enumerated exception.
| ||||||
| 13 | (c) Exceptions. A public body may hold closed meetings to | ||||||
| 14 | consider the
following subjects:
| ||||||
| 15 | (1) The appointment, employment, compensation, | ||||||
| 16 | discipline, performance,
or dismissal of specific | ||||||
| 17 | employees, specific individuals who serve as independent | ||||||
| 18 | contractors in a park, recreational, or educational | ||||||
| 19 | setting, or specific volunteers of the public body or legal | ||||||
| 20 | counsel for
the public body, including hearing
testimony on | ||||||
| 21 | a complaint lodged against an employee, a specific | ||||||
| 22 | individual who serves as an independent contractor in a | ||||||
| 23 | park, recreational, or educational setting, or a volunteer | ||||||
| 24 | of the public body or
against legal counsel for the public | ||||||
| 25 | body to determine its validity. However, a meeting to | ||||||
| 26 | consider an increase in compensation to a specific employee | ||||||
| |||||||
| |||||||
| 1 | of a public body that is subject to the Local Government | ||||||
| 2 | Wage Increase Transparency Act may not be closed and shall | ||||||
| 3 | be open to the public and posted and held in accordance | ||||||
| 4 | with this Act.
| ||||||
| 5 | (2) Collective negotiating matters between the public | ||||||
| 6 | body and its
employees or their representatives, or | ||||||
| 7 | deliberations concerning salary
schedules for one or more | ||||||
| 8 | classes of employees.
| ||||||
| 9 | (3) The selection of a person to fill a public office,
| ||||||
| 10 | as defined in this Act, including a vacancy in a public | ||||||
| 11 | office, when the public
body is given power to appoint | ||||||
| 12 | under law or ordinance, or the discipline,
performance or | ||||||
| 13 | removal of the occupant of a public office, when the public | ||||||
| 14 | body
is given power to remove the occupant under law or | ||||||
| 15 | ordinance.
| ||||||
| 16 | (4) Evidence or testimony presented in open hearing, or | ||||||
| 17 | in closed
hearing where specifically authorized by law, to
| ||||||
| 18 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
| 19 | that the body
prepares and makes available for public | ||||||
| 20 | inspection a written decision
setting forth its | ||||||
| 21 | determinative reasoning.
| ||||||
| 22 | (5) The purchase or lease of real property for the use | ||||||
| 23 | of
the public body, including meetings held for the purpose | ||||||
| 24 | of discussing
whether a particular parcel should be | ||||||
| 25 | acquired.
| ||||||
| 26 | (6) The setting of a price for sale or lease of | ||||||
| |||||||
| |||||||
| 1 | property owned
by the public body.
| ||||||
| 2 | (7) The sale or purchase of securities, investments, or | ||||||
| 3 | investment
contracts. This exception shall not apply to the | ||||||
| 4 | investment of assets or income of funds deposited into the | ||||||
| 5 | Illinois Prepaid Tuition Trust Fund.
| ||||||
| 6 | (8) Security procedures, school building safety and | ||||||
| 7 | security, and the use of personnel and
equipment to respond | ||||||
| 8 | to an actual, a threatened, or a reasonably
potential | ||||||
| 9 | danger to the safety of employees, students, staff, the | ||||||
| 10 | public, or
public
property.
| ||||||
| 11 | (9) Student disciplinary cases.
| ||||||
| 12 | (10) The placement of individual students in special | ||||||
| 13 | education
programs and other matters relating to | ||||||
| 14 | individual students.
| ||||||
| 15 | (11) Litigation, when an action against, affecting or | ||||||
| 16 | on behalf of the
particular public body has been filed and | ||||||
| 17 | is pending before a court or
administrative tribunal, or | ||||||
| 18 | when the public body finds that an action is
probable or | ||||||
| 19 | imminent, in which case the basis for the finding shall be
| ||||||
| 20 | recorded and entered into the minutes of the closed | ||||||
| 21 | meeting.
| ||||||
| 22 | (12) The establishment of reserves or settlement of | ||||||
| 23 | claims as provided
in the Local Governmental and | ||||||
| 24 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
| 25 | disposition of a claim or potential claim might be
| ||||||
| 26 | prejudiced, or the review or discussion of claims, loss or | ||||||
| |||||||
| |||||||
| 1 | risk management
information, records, data, advice or | ||||||
| 2 | communications from or with respect
to any insurer of the | ||||||
| 3 | public body or any intergovernmental risk management
| ||||||
| 4 | association or self insurance pool of which the public body | ||||||
| 5 | is a member.
| ||||||
| 6 | (13) Conciliation of complaints of discrimination in | ||||||
| 7 | the sale or rental
of housing, when closed meetings are | ||||||
| 8 | authorized by the law or ordinance
prescribing fair housing | ||||||
| 9 | practices and creating a commission or
administrative | ||||||
| 10 | agency for their enforcement.
| ||||||
| 11 | (14) Informant sources, the hiring or assignment of | ||||||
| 12 | undercover personnel
or equipment, or ongoing, prior or | ||||||
| 13 | future criminal investigations, when
discussed by a public | ||||||
| 14 | body with criminal investigatory responsibilities.
| ||||||
| 15 | (15) Professional ethics or performance when | ||||||
| 16 | considered by an advisory
body appointed to advise a | ||||||
| 17 | licensing or regulatory agency on matters
germane to the | ||||||
| 18 | advisory body's field of competence.
| ||||||
| 19 | (16) Self evaluation, practices and procedures or | ||||||
| 20 | professional ethics,
when meeting with a representative of | ||||||
| 21 | a statewide association of which the
public body is a | ||||||
| 22 | member.
| ||||||
| 23 | (17) The recruitment, credentialing, discipline or | ||||||
| 24 | formal peer review
of physicians or other
health care | ||||||
| 25 | professionals, or for the discussion of matters protected | ||||||
| 26 | under the federal Patient Safety and Quality Improvement | ||||||
| |||||||
| |||||||
| 1 | Act of 2005, and the regulations promulgated thereunder, | ||||||
| 2 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
| 3 | Health Insurance Portability and Accountability Act of | ||||||
| 4 | 1996, and the regulations promulgated thereunder, | ||||||
| 5 | including 45 C.F.R. Parts 160, 162, and 164, by a hospital, | ||||||
| 6 | or
other institution providing medical care, that is | ||||||
| 7 | operated by the public body.
| ||||||
| 8 | (18) Deliberations for decisions of the Prisoner | ||||||
| 9 | Review Board.
| ||||||
| 10 | (19) Review or discussion of applications received | ||||||
| 11 | under the
Experimental Organ Transplantation Procedures | ||||||
| 12 | Act.
| ||||||
| 13 | (20) The classification and discussion of matters | ||||||
| 14 | classified as
confidential or continued confidential by | ||||||
| 15 | the State Government Suggestion Award
Board.
| ||||||
| 16 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 17 | under this Act,
whether for purposes of approval by the | ||||||
| 18 | body of the minutes or semi-annual
review of the minutes as | ||||||
| 19 | mandated by Section 2.06.
| ||||||
| 20 | (22) Deliberations for decisions of the State
| ||||||
| 21 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
| 22 | (23) The operation by a municipality of a municipal | ||||||
| 23 | utility or the
operation of a
municipal power agency or | ||||||
| 24 | municipal natural gas agency when the
discussion involves | ||||||
| 25 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
| 26 | of electricity or natural gas or (ii) the results
or | ||||||
| |||||||
| |||||||
| 1 | conclusions of load forecast studies.
| ||||||
| 2 | (24) Meetings of a residential health care facility | ||||||
| 3 | resident sexual
assault and death review
team or
the | ||||||
| 4 | Executive
Council under the Abuse Prevention Review
Team | ||||||
| 5 | Act.
| ||||||
| 6 | (25) Meetings of an independent team of experts under | ||||||
| 7 | Brian's Law. | ||||||
| 8 | (26) Meetings of a mortality review team appointed | ||||||
| 9 | under the Department of Juvenile Justice Mortality Review | ||||||
| 10 | Team Act. | ||||||
| 11 | (27) (Blank). | ||||||
| 12 | (28) Correspondence and records (i) that may not be | ||||||
| 13 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 14 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 15 | the Illinois Public Aid Code. | ||||||
| 16 | (29) Meetings between internal or external auditors | ||||||
| 17 | and governmental audit committees, finance committees, and | ||||||
| 18 | their equivalents, when the discussion involves internal | ||||||
| 19 | control weaknesses, identification of potential fraud risk | ||||||
| 20 | areas, known or suspected frauds, and fraud interviews | ||||||
| 21 | conducted in accordance with generally accepted auditing | ||||||
| 22 | standards of the United States of America. | ||||||
| 23 | (30) Those meetings or portions of meetings of a | ||||||
| 24 | fatality review team or the Illinois Fatality Review Team | ||||||
| 25 | Advisory Council during which a review of the death of an | ||||||
| 26 | eligible adult in which abuse or neglect is suspected, | ||||||
| |||||||
| |||||||
| 1 | alleged, or substantiated is conducted pursuant to Section | ||||||
| 2 | 15 of the Adult Protective Services Act. | ||||||
| 3 | (31) Meetings and deliberations for decisions of the | ||||||
| 4 | Concealed Carry Licensing Review Board under the Firearm | ||||||
| 5 | Concealed Carry Act. | ||||||
| 6 | (32) Meetings between the Regional Transportation | ||||||
| 7 | Authority Board and its Service Boards when the discussion | ||||||
| 8 | involves review by the Regional Transportation Authority | ||||||
| 9 | Board of employment contracts under Section 28d of the | ||||||
| 10 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
| 11 | 3B.26 of the Regional Transportation Authority Act. | ||||||
| 12 | (33) Those meetings or portions of meetings of the | ||||||
| 13 | advisory committee and peer review subcommittee created | ||||||
| 14 | under Section 320 of the Illinois Controlled Substances Act | ||||||
| 15 | during which specific controlled substance prescriber, | ||||||
| 16 | dispenser, or patient information is discussed. | ||||||
| 17 | (34) Meetings of the Tax Increment Financing Reform | ||||||
| 18 | Task Force under Section 2505-800 of the Department of | ||||||
| 19 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
| 20 | (35) Meetings of the group established to discuss | ||||||
| 21 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
| 22 | Illinois Public Aid Code. | ||||||
| 23 | (36) Those deliberations or portions of deliberations | ||||||
| 24 | for decisions of the Illinois Gaming Board in which there | ||||||
| 25 | is discussed any of the following: (i) personal, | ||||||
| 26 | commercial, financial, or other information obtained from | ||||||
| |||||||
| |||||||
| 1 | any source that is privileged, proprietary, confidential, | ||||||
| 2 | or a trade secret; or (ii) information specifically | ||||||
| 3 | exempted from the disclosure by federal or State law. | ||||||
| 4 | (d) Definitions. For purposes of this Section:
| ||||||
| 5 | "Employee" means a person employed by a public body whose | ||||||
| 6 | relationship
with the public body constitutes an | ||||||
| 7 | employer-employee relationship under
the usual common law | ||||||
| 8 | rules, and who is not an independent contractor.
| ||||||
| 9 | "Public office" means a position created by or under the
| ||||||
| 10 | Constitution or laws of this State, the occupant of which is | ||||||
| 11 | charged with
the exercise of some portion of the sovereign | ||||||
| 12 | power of this State. The term
"public office" shall include | ||||||
| 13 | members of the public body, but it shall not
include | ||||||
| 14 | organizational positions filled by members thereof, whether
| ||||||
| 15 | established by law or by a public body itself, that exist to | ||||||
| 16 | assist the
body in the conduct of its business.
| ||||||
| 17 | "Quasi-adjudicative body" means an administrative body | ||||||
| 18 | charged by law or
ordinance with the responsibility to conduct | ||||||
| 19 | hearings, receive evidence or
testimony and make | ||||||
| 20 | determinations based
thereon, but does not include
local | ||||||
| 21 | electoral boards when such bodies are considering petition | ||||||
| 22 | challenges.
| ||||||
| 23 | (e) Final action. No final action may be taken at a closed | ||||||
| 24 | meeting.
Final action shall be preceded by a public recital of | ||||||
| 25 | the nature of the
matter being considered and other information | ||||||
| 26 | that will inform the
public of the business being conducted.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
| 2 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||||||
| 3 | 8-23-19; revised 9-27-19.)
| ||||||
| 4 | Section 15. The Freedom of Information Act is amended by | ||||||
| 5 | changing Sections 7 and 7.5 as follows:
| ||||||
| 6 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
| 7 | Sec. 7. Exemptions.
| ||||||
| 8 | (1) When a request is made to inspect or copy a public | ||||||
| 9 | record that contains information that is exempt from disclosure | ||||||
| 10 | under this Section, but also contains information that is not | ||||||
| 11 | exempt from disclosure, the public body may elect to redact the | ||||||
| 12 | information that is exempt. The public body shall make the | ||||||
| 13 | remaining information available for inspection and copying. | ||||||
| 14 | Subject to this requirement, the following shall be exempt from | ||||||
| 15 | inspection and copying:
| ||||||
| 16 | (a) Information specifically prohibited from | ||||||
| 17 | disclosure by federal or
State law or rules and regulations | ||||||
| 18 | implementing federal or State law.
| ||||||
| 19 | (b) Private information, unless disclosure is required | ||||||
| 20 | by another provision of this Act, a State or federal law or | ||||||
| 21 | a court order. | ||||||
| 22 | (b-5) Files, documents, and other data or databases | ||||||
| 23 | maintained by one or more law enforcement agencies and | ||||||
| 24 | specifically designed to provide information to one or more | ||||||
| |||||||
| |||||||
| 1 | law enforcement agencies regarding the physical or mental | ||||||
| 2 | status of one or more individual subjects. | ||||||
| 3 | (c) Personal information contained within public | ||||||
| 4 | records, the disclosure of which would constitute a clearly
| ||||||
| 5 | unwarranted invasion of personal privacy, unless the | ||||||
| 6 | disclosure is
consented to in writing by the individual | ||||||
| 7 | subjects of the information. "Unwarranted invasion of | ||||||
| 8 | personal privacy" means the disclosure of information that | ||||||
| 9 | is highly personal or objectionable to a reasonable person | ||||||
| 10 | and in which the subject's right to privacy outweighs any | ||||||
| 11 | legitimate public interest in obtaining the information. | ||||||
| 12 | The
disclosure of information that bears on the public | ||||||
| 13 | duties of public
employees and officials shall not be | ||||||
| 14 | considered an invasion of personal
privacy.
| ||||||
| 15 | (d) Records in the possession of any public body | ||||||
| 16 | created in the course of administrative enforcement
| ||||||
| 17 | proceedings, and any law enforcement or correctional | ||||||
| 18 | agency for
law enforcement purposes,
but only to the extent | ||||||
| 19 | that disclosure would:
| ||||||
| 20 | (i) interfere with pending or actually and | ||||||
| 21 | reasonably contemplated
law enforcement proceedings | ||||||
| 22 | conducted by any law enforcement or correctional
| ||||||
| 23 | agency that is the recipient of the request;
| ||||||
| 24 | (ii) interfere with active administrative | ||||||
| 25 | enforcement proceedings
conducted by the public body | ||||||
| 26 | that is the recipient of the request;
| ||||||
| |||||||
| |||||||
| 1 | (iii) create a substantial likelihood that a | ||||||
| 2 | person will be deprived of a fair trial or an impartial | ||||||
| 3 | hearing;
| ||||||
| 4 | (iv) unavoidably disclose the identity of a | ||||||
| 5 | confidential source, confidential information | ||||||
| 6 | furnished only by the confidential source, or persons | ||||||
| 7 | who file complaints with or provide information to | ||||||
| 8 | administrative, investigative, law enforcement, or | ||||||
| 9 | penal agencies; except that the identities of | ||||||
| 10 | witnesses to traffic accidents, traffic accident | ||||||
| 11 | reports, and rescue reports shall be provided by | ||||||
| 12 | agencies of local government, except when disclosure | ||||||
| 13 | would interfere with an active criminal investigation | ||||||
| 14 | conducted by the agency that is the recipient of the | ||||||
| 15 | request;
| ||||||
| 16 | (v) disclose unique or specialized investigative | ||||||
| 17 | techniques other than
those generally used and known or | ||||||
| 18 | disclose internal documents of
correctional agencies | ||||||
| 19 | related to detection, observation or investigation of
| ||||||
| 20 | incidents of crime or misconduct, and disclosure would | ||||||
| 21 | result in demonstrable harm to the agency or public | ||||||
| 22 | body that is the recipient of the request;
| ||||||
| 23 | (vi) endanger the life or physical safety of law | ||||||
| 24 | enforcement personnel
or any other person; or
| ||||||
| 25 | (vii) obstruct an ongoing criminal investigation | ||||||
| 26 | by the agency that is the recipient of the request.
| ||||||
| |||||||
| |||||||
| 1 | (d-5) A law enforcement record created for law | ||||||
| 2 | enforcement purposes and contained in a shared electronic | ||||||
| 3 | record management system if the law enforcement agency that | ||||||
| 4 | is the recipient of the request did not create the record, | ||||||
| 5 | did not participate in or have a role in any of the events | ||||||
| 6 | which are the subject of the record, and only has access to | ||||||
| 7 | the record through the shared electronic record management | ||||||
| 8 | system. | ||||||
| 9 | (e) Records that relate to or affect the security of | ||||||
| 10 | correctional
institutions and detention facilities.
| ||||||
| 11 | (e-5) Records requested by persons committed to the | ||||||
| 12 | Department of Corrections, Department of Human Services | ||||||
| 13 | Division of Mental Health, or a county jail if those | ||||||
| 14 | materials are available in the library of the correctional | ||||||
| 15 | institution or facility or jail where the inmate is | ||||||
| 16 | confined. | ||||||
| 17 | (e-6) Records requested by persons committed to the | ||||||
| 18 | Department of Corrections, Department of Human Services | ||||||
| 19 | Division of Mental Health, or a county jail if those | ||||||
| 20 | materials include records from staff members' personnel | ||||||
| 21 | files, staff rosters, or other staffing assignment | ||||||
| 22 | information. | ||||||
| 23 | (e-7) Records requested by persons committed to the | ||||||
| 24 | Department of Corrections or Department of Human Services | ||||||
| 25 | Division of Mental Health if those materials are available | ||||||
| 26 | through an administrative request to the Department of | ||||||
| |||||||
| |||||||
| 1 | Corrections or Department of Human Services Division of | ||||||
| 2 | Mental Health. | ||||||
| 3 | (e-8) Records requested by a person committed to the | ||||||
| 4 | Department of Corrections, Department of Human Services | ||||||
| 5 | Division of Mental Health, or a county jail, the disclosure | ||||||
| 6 | of which would result in the risk of harm to any person or | ||||||
| 7 | the risk of an escape from a jail or correctional | ||||||
| 8 | institution or facility. | ||||||
| 9 | (e-9) Records requested by a person in a county jail or | ||||||
| 10 | committed to the Department of Corrections or Department of | ||||||
| 11 | Human Services Division of Mental Health, containing | ||||||
| 12 | personal information pertaining to the person's victim or | ||||||
| 13 | the victim's family, including, but not limited to, a | ||||||
| 14 | victim's home address, home telephone number, work or | ||||||
| 15 | school address, work telephone number, social security | ||||||
| 16 | number, or any other identifying information, except as may | ||||||
| 17 | be relevant to a requester's current or potential case or | ||||||
| 18 | claim. | ||||||
| 19 | (e-10) Law enforcement records of other persons | ||||||
| 20 | requested by a person committed to the Department of | ||||||
| 21 | Corrections, Department of Human Services Division of | ||||||
| 22 | Mental Health, or a county jail, including, but not limited | ||||||
| 23 | to, arrest and booking records, mug shots, and crime scene | ||||||
| 24 | photographs, except as these records may be relevant to the | ||||||
| 25 | requester's current or potential case or claim. | ||||||
| 26 | (f) Preliminary drafts, notes, recommendations, | ||||||
| |||||||
| |||||||
| 1 | memoranda and other
records in which opinions are | ||||||
| 2 | expressed, or policies or actions are
formulated, except | ||||||
| 3 | that a specific record or relevant portion of a
record | ||||||
| 4 | shall not be exempt when the record is publicly cited
and | ||||||
| 5 | identified by the head of the public body. The exemption | ||||||
| 6 | provided in
this paragraph (f) extends to all those records | ||||||
| 7 | of officers and agencies
of the General Assembly that | ||||||
| 8 | pertain to the preparation of legislative
documents.
| ||||||
| 9 | (g) Trade secrets and commercial or financial | ||||||
| 10 | information obtained from
a person or business where the | ||||||
| 11 | trade secrets or commercial or financial information are | ||||||
| 12 | furnished under a claim that they are
proprietary, | ||||||
| 13 | privileged, or confidential, and that disclosure of the | ||||||
| 14 | trade
secrets or commercial or financial information would | ||||||
| 15 | cause competitive harm to the person or business, and only | ||||||
| 16 | insofar as the claim directly applies to the records | ||||||
| 17 | requested. | ||||||
| 18 | The information included under this exemption includes | ||||||
| 19 | all trade secrets and commercial or financial information | ||||||
| 20 | obtained by a public body, including a public pension fund, | ||||||
| 21 | from a private equity fund or a privately held company | ||||||
| 22 | within the investment portfolio of a private equity fund as | ||||||
| 23 | a result of either investing or evaluating a potential | ||||||
| 24 | investment of public funds in a private equity fund. The | ||||||
| 25 | exemption contained in this item does not apply to the | ||||||
| 26 | aggregate financial performance information of a private | ||||||
| |||||||
| |||||||
| 1 | equity fund, nor to the identity of the fund's managers or | ||||||
| 2 | general partners. The exemption contained in this item does | ||||||
| 3 | not apply to the identity of a privately held company | ||||||
| 4 | within the investment portfolio of a private equity fund, | ||||||
| 5 | unless the disclosure of the identity of a privately held | ||||||
| 6 | company may cause competitive harm. | ||||||
| 7 | Nothing contained in this
paragraph (g) shall be | ||||||
| 8 | construed to prevent a person or business from
consenting | ||||||
| 9 | to disclosure.
| ||||||
| 10 | (h) Proposals and bids for any contract, grant, or | ||||||
| 11 | agreement, including
information which if it were | ||||||
| 12 | disclosed would frustrate procurement or give
an advantage | ||||||
| 13 | to any person proposing to enter into a contractor | ||||||
| 14 | agreement
with the body, until an award or final selection | ||||||
| 15 | is made. Information
prepared by or for the body in | ||||||
| 16 | preparation of a bid solicitation shall be
exempt until an | ||||||
| 17 | award or final selection is made.
| ||||||
| 18 | (i) Valuable formulae,
computer geographic systems,
| ||||||
| 19 | designs, drawings and research data obtained or
produced by | ||||||
| 20 | any public body when disclosure could reasonably be | ||||||
| 21 | expected to
produce private gain or public loss.
The | ||||||
| 22 | exemption for "computer geographic systems" provided in | ||||||
| 23 | this paragraph
(i) does not extend to requests made by news | ||||||
| 24 | media as defined in Section 2 of
this Act when the | ||||||
| 25 | requested information is not otherwise exempt and the only
| ||||||
| 26 | purpose of the request is to access and disseminate | ||||||
| |||||||
| |||||||
| 1 | information regarding the
health, safety, welfare, or | ||||||
| 2 | legal rights of the general public.
| ||||||
| 3 | (j) The following information pertaining to | ||||||
| 4 | educational matters: | ||||||
| 5 | (i) test questions, scoring keys and other | ||||||
| 6 | examination data used to
administer an academic | ||||||
| 7 | examination;
| ||||||
| 8 | (ii) information received by a primary or | ||||||
| 9 | secondary school, college, or university under its | ||||||
| 10 | procedures for the evaluation of faculty members by | ||||||
| 11 | their academic peers; | ||||||
| 12 | (iii) information concerning a school or | ||||||
| 13 | university's adjudication of student disciplinary | ||||||
| 14 | cases, but only to the extent that disclosure would | ||||||
| 15 | unavoidably reveal the identity of the student; and | ||||||
| 16 | (iv) course materials or research materials used | ||||||
| 17 | by faculty members. | ||||||
| 18 | (k) Architects' plans, engineers' technical | ||||||
| 19 | submissions, and
other
construction related technical | ||||||
| 20 | documents for
projects not constructed or developed in | ||||||
| 21 | whole or in part with public funds
and the same for | ||||||
| 22 | projects constructed or developed with public funds, | ||||||
| 23 | including, but not limited to, power generating and | ||||||
| 24 | distribution stations and other transmission and | ||||||
| 25 | distribution facilities, water treatment facilities, | ||||||
| 26 | airport facilities, sport stadiums, convention centers, | ||||||
| |||||||
| |||||||
| 1 | and all government owned, operated, or occupied buildings, | ||||||
| 2 | but
only to the extent
that disclosure would compromise | ||||||
| 3 | security.
| ||||||
| 4 | (l) Minutes of meetings of public bodies closed to the
| ||||||
| 5 | public as provided in the Open Meetings Act until the | ||||||
| 6 | public body
makes the minutes available to the public under | ||||||
| 7 | Section 2.06 of the Open
Meetings Act.
| ||||||
| 8 | (m) Communications between a public body and an | ||||||
| 9 | attorney or auditor
representing the public body that would | ||||||
| 10 | not be subject to discovery in
litigation, and materials | ||||||
| 11 | prepared or compiled by or for a public body in
| ||||||
| 12 | anticipation of a criminal, civil, or administrative | ||||||
| 13 | proceeding upon the
request of an attorney advising the | ||||||
| 14 | public body, and materials prepared or
compiled with | ||||||
| 15 | respect to internal audits of public bodies.
| ||||||
| 16 | (n) Records relating to a public body's adjudication of | ||||||
| 17 | employee grievances or disciplinary cases; however, this | ||||||
| 18 | exemption shall not extend to the final outcome of cases in | ||||||
| 19 | which discipline is imposed.
| ||||||
| 20 | (o) Administrative or technical information associated | ||||||
| 21 | with automated
data processing operations, including, but | ||||||
| 22 | not limited to, software,
operating protocols, computer | ||||||
| 23 | program abstracts, file layouts, source
listings, object | ||||||
| 24 | modules, load modules, user guides, documentation
| ||||||
| 25 | pertaining to all logical and physical design of | ||||||
| 26 | computerized systems,
employee manuals, and any other | ||||||
| |||||||
| |||||||
| 1 | information that, if disclosed, would
jeopardize the | ||||||
| 2 | security of the system or its data or the security of
| ||||||
| 3 | materials exempt under this Section.
| ||||||
| 4 | (p) Records relating to collective negotiating matters
| ||||||
| 5 | between public bodies and their employees or | ||||||
| 6 | representatives, except that
any final contract or | ||||||
| 7 | agreement shall be subject to inspection and copying.
| ||||||
| 8 | (q) Test questions, scoring keys, and other | ||||||
| 9 | examination data used to determine the qualifications of an | ||||||
| 10 | applicant for a license or employment.
| ||||||
| 11 | (r) The records, documents, and information relating | ||||||
| 12 | to real estate
purchase negotiations until those | ||||||
| 13 | negotiations have been completed or
otherwise terminated. | ||||||
| 14 | With regard to a parcel involved in a pending or
actually | ||||||
| 15 | and reasonably contemplated eminent domain proceeding | ||||||
| 16 | under the Eminent Domain Act, records, documents, and
| ||||||
| 17 | information relating to that parcel shall be exempt except | ||||||
| 18 | as may be
allowed under discovery rules adopted by the | ||||||
| 19 | Illinois Supreme Court. The
records, documents, and | ||||||
| 20 | information relating to a real estate sale shall be
exempt | ||||||
| 21 | until a sale is consummated.
| ||||||
| 22 | (s) Any and all proprietary information and records | ||||||
| 23 | related to the
operation of an intergovernmental risk | ||||||
| 24 | management association or
self-insurance pool or jointly | ||||||
| 25 | self-administered health and accident
cooperative or pool.
| ||||||
| 26 | Insurance or self insurance (including any | ||||||
| |||||||
| |||||||
| 1 | intergovernmental risk management association or self | ||||||
| 2 | insurance pool) claims, loss or risk management | ||||||
| 3 | information, records, data, advice or communications.
| ||||||
| 4 | (t) Information contained in or related to | ||||||
| 5 | examination, operating, or
condition reports prepared by, | ||||||
| 6 | on behalf of, or for the use of a public
body responsible | ||||||
| 7 | for the regulation or supervision of financial
| ||||||
| 8 | institutions, insurance companies, or pharmacy benefit | ||||||
| 9 | managers, unless disclosure is otherwise
required by State | ||||||
| 10 | law.
| ||||||
| 11 | (u) Information that would disclose
or might lead to | ||||||
| 12 | the disclosure of
secret or confidential information, | ||||||
| 13 | codes, algorithms, programs, or private
keys intended to be | ||||||
| 14 | used to create electronic or digital signatures under the
| ||||||
| 15 | Electronic Commerce Security Act.
| ||||||
| 16 | (v) Vulnerability assessments, security measures, and | ||||||
| 17 | response policies
or plans that are designed to identify, | ||||||
| 18 | prevent, or respond to potential
attacks upon a community's | ||||||
| 19 | population or systems, facilities, or installations,
the | ||||||
| 20 | destruction or contamination of which would constitute a | ||||||
| 21 | clear and present
danger to the health or safety of the | ||||||
| 22 | community, but only to the extent that
disclosure could | ||||||
| 23 | reasonably be expected to jeopardize the effectiveness of | ||||||
| 24 | the
measures or the safety of the personnel who implement | ||||||
| 25 | them or the public.
Information exempt under this item may | ||||||
| 26 | include such things as details
pertaining to the | ||||||
| |||||||
| |||||||
| 1 | mobilization or deployment of personnel or equipment, to | ||||||
| 2 | the
operation of communication systems or protocols, or to | ||||||
| 3 | tactical operations.
| ||||||
| 4 | (w) (Blank). | ||||||
| 5 | (x) Maps and other records regarding the location or | ||||||
| 6 | security of generation, transmission, distribution, | ||||||
| 7 | storage, gathering,
treatment, or switching facilities | ||||||
| 8 | owned by a utility, by a power generator, or by the | ||||||
| 9 | Illinois Power Agency.
| ||||||
| 10 | (y) Information contained in or related to proposals, | ||||||
| 11 | bids, or negotiations related to electric power | ||||||
| 12 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
| 13 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
| 14 | is determined to be confidential and proprietary by the | ||||||
| 15 | Illinois Power Agency or by the Illinois Commerce | ||||||
| 16 | Commission.
| ||||||
| 17 | (z) Information about students exempted from | ||||||
| 18 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
| 19 | School Code, and information about undergraduate students | ||||||
| 20 | enrolled at an institution of higher education exempted | ||||||
| 21 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 22 | Card Marketing Act of 2009. | ||||||
| 23 | (aa) Information the disclosure of which is
exempted | ||||||
| 24 | under the Viatical Settlements Act of 2009.
| ||||||
| 25 | (bb) Records and information provided to a mortality | ||||||
| 26 | review team and records maintained by a mortality review | ||||||
| |||||||
| |||||||
| 1 | team appointed under the Department of Juvenile Justice | ||||||
| 2 | Mortality Review Team Act. | ||||||
| 3 | (cc) Information regarding interments, entombments, or | ||||||
| 4 | inurnments of human remains that are submitted to the | ||||||
| 5 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 6 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 7 | (dd) Correspondence and records (i) that may not be | ||||||
| 8 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 9 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 10 | the Illinois Public Aid Code. | ||||||
| 11 | (ee) The names, addresses, or other personal | ||||||
| 12 | information of persons who are minors and are also | ||||||
| 13 | participants and registrants in programs of park | ||||||
| 14 | districts, forest preserve districts, conservation | ||||||
| 15 | districts, recreation agencies, and special recreation | ||||||
| 16 | associations. | ||||||
| 17 | (ff) The names, addresses, or other personal | ||||||
| 18 | information of participants and registrants in programs of | ||||||
| 19 | park districts, forest preserve districts, conservation | ||||||
| 20 | districts, recreation agencies, and special recreation | ||||||
| 21 | associations where such programs are targeted primarily to | ||||||
| 22 | minors. | ||||||
| 23 | (gg) Confidential information described in Section | ||||||
| 24 | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||||||
| 25 | (hh) The report submitted to the State Board of | ||||||
| 26 | Education by the School Security and Standards Task Force | ||||||
| |||||||
| |||||||
| 1 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
| 2 | School Code and any information contained in that report. | ||||||
| 3 | (ii) Records requested by persons committed to or | ||||||
| 4 | detained by the Department of Human Services under the | ||||||
| 5 | Sexually Violent Persons Commitment Act or committed to the | ||||||
| 6 | Department of Corrections under the Sexually Dangerous | ||||||
| 7 | Persons Act if those materials: (i) are available in the | ||||||
| 8 | library of the facility where the individual is confined; | ||||||
| 9 | (ii) include records from staff members' personnel files, | ||||||
| 10 | staff rosters, or other staffing assignment information; | ||||||
| 11 | or (iii) are available through an administrative request to | ||||||
| 12 | the Department of Human Services or the Department of | ||||||
| 13 | Corrections. | ||||||
| 14 | (jj) Confidential information described in Section | ||||||
| 15 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
| 16 | (kk) The public body's credit card numbers, debit card | ||||||
| 17 | numbers, bank account numbers, Federal Employer | ||||||
| 18 | Identification Number, security code numbers, passwords, | ||||||
| 19 | and similar account information, the disclosure of which | ||||||
| 20 | could result in identity theft or impression or defrauding | ||||||
| 21 | of a governmental entity or a person. | ||||||
| 22 | (ll) (kk) Records concerning the work of the threat | ||||||
| 23 | assessment team of a school district. | ||||||
| 24 | (1.5) Any information exempt from disclosure under the | ||||||
| 25 | Judicial Privacy Act shall be redacted from public records | ||||||
| 26 | prior to disclosure under this Act. | ||||||
| |||||||
| |||||||
| 1 | (2) A public record that is not in the possession of a | ||||||
| 2 | public body but is in the possession of a party with whom the | ||||||
| 3 | agency has contracted to perform a governmental function on | ||||||
| 4 | behalf of the public body, and that directly relates to the | ||||||
| 5 | governmental function and is not otherwise exempt under this | ||||||
| 6 | Act, shall be considered a public record of the public body, | ||||||
| 7 | for purposes of this Act. | ||||||
| 8 | (3) This Section does not authorize withholding of | ||||||
| 9 | information or limit the
availability of records to the public, | ||||||
| 10 | except as stated in this Section or
otherwise provided in this | ||||||
| 11 | Act.
| ||||||
| 12 | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||||||
| 13 | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. | ||||||
| 14 | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
| ||||||
| 15 | (5 ILCS 140/7.5) | ||||||
| 16 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 17 | by the statutes referenced below, the following shall be exempt | ||||||
| 18 | from inspection and copying: | ||||||
| 19 | (a) All information determined to be confidential | ||||||
| 20 | under Section 4002 of the Technology Advancement and | ||||||
| 21 | Development Act. | ||||||
| 22 | (b) Library circulation and order records identifying | ||||||
| 23 | library users with specific materials under the Library | ||||||
| 24 | Records Confidentiality Act. | ||||||
| 25 | (c) Applications, related documents, and medical | ||||||
| |||||||
| |||||||
| 1 | records received by the Experimental Organ Transplantation | ||||||
| 2 | Procedures Board and any and all documents or other records | ||||||
| 3 | prepared by the Experimental Organ Transplantation | ||||||
| 4 | Procedures Board or its staff relating to applications it | ||||||
| 5 | has received. | ||||||
| 6 | (d) Information and records held by the Department of | ||||||
| 7 | Public Health and its authorized representatives relating | ||||||
| 8 | to known or suspected cases of sexually transmissible | ||||||
| 9 | disease or any information the disclosure of which is | ||||||
| 10 | restricted under the Illinois Sexually Transmissible | ||||||
| 11 | Disease Control Act. | ||||||
| 12 | (e) Information the disclosure of which is exempted | ||||||
| 13 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 14 | (f) Firm performance evaluations under Section 55 of | ||||||
| 15 | the Architectural, Engineering, and Land Surveying | ||||||
| 16 | Qualifications Based Selection Act. | ||||||
| 17 | (g) Information the disclosure of which is restricted | ||||||
| 18 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 19 | Tuition Act. | ||||||
| 20 | (h) Information the disclosure of which is exempted | ||||||
| 21 | under the State Officials and Employees Ethics Act, and | ||||||
| 22 | records of any lawfully created State or local inspector | ||||||
| 23 | general's office that would be exempt if created or | ||||||
| 24 | obtained by an Executive Inspector General's office under | ||||||
| 25 | that Act. | ||||||
| 26 | (i) Information contained in a local emergency energy | ||||||
| |||||||
| |||||||
| 1 | plan submitted to a municipality in accordance with a local | ||||||
| 2 | emergency energy plan ordinance that is adopted under | ||||||
| 3 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 4 | (j) Information and data concerning the distribution | ||||||
| 5 | of surcharge moneys collected and remitted by carriers | ||||||
| 6 | under the Emergency Telephone System Act. | ||||||
| 7 | (k) Law enforcement officer identification information | ||||||
| 8 | or driver identification information compiled by a law | ||||||
| 9 | enforcement agency or the Department of Transportation | ||||||
| 10 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 11 | (l) Records and information provided to a residential | ||||||
| 12 | health care facility resident sexual assault and death | ||||||
| 13 | review team or the Executive Council under the Abuse | ||||||
| 14 | Prevention Review Team Act. | ||||||
| 15 | (m) Information provided to the predatory lending | ||||||
| 16 | database created pursuant to Article 3 of the Residential | ||||||
| 17 | Real Property Disclosure Act, except to the extent | ||||||
| 18 | authorized under that Article. | ||||||
| 19 | (n) Defense budgets and petitions for certification of | ||||||
| 20 | compensation and expenses for court appointed trial | ||||||
| 21 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
| 22 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
| 23 | until the conclusion of the trial of the case, even if the | ||||||
| 24 | prosecution chooses not to pursue the death penalty prior | ||||||
| 25 | to trial or sentencing. | ||||||
| 26 | (o) Information that is prohibited from being | ||||||
| |||||||
| |||||||
| 1 | disclosed under Section 4 of the Illinois Health and | ||||||
| 2 | Hazardous Substances Registry Act. | ||||||
| 3 | (p) Security portions of system safety program plans, | ||||||
| 4 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 5 | information compiled, collected, or prepared by or for the | ||||||
| 6 | Regional Transportation Authority under Section 2.11 of | ||||||
| 7 | the Regional Transportation Authority Act or the St. Clair | ||||||
| 8 | County Transit District under the Bi-State Transit Safety | ||||||
| 9 | Act. | ||||||
| 10 | (q) Information prohibited from being disclosed by the | ||||||
| 11 | Personnel Record Review Act. | ||||||
| 12 | (r) Information prohibited from being disclosed by the | ||||||
| 13 | Illinois School Student Records Act. | ||||||
| 14 | (s) Information the disclosure of which is restricted | ||||||
| 15 | under Section 5-108 of the Public Utilities Act.
| ||||||
| 16 | (t) All identified or deidentified health information | ||||||
| 17 | in the form of health data or medical records contained in, | ||||||
| 18 | stored in, submitted to, transferred by, or released from | ||||||
| 19 | the Illinois Health Information Exchange, and identified | ||||||
| 20 | or deidentified health information in the form of health | ||||||
| 21 | data and medical records of the Illinois Health Information | ||||||
| 22 | Exchange in the possession of the Illinois Health | ||||||
| 23 | Information Exchange Authority due to its administration | ||||||
| 24 | of the Illinois Health Information Exchange. The terms | ||||||
| 25 | "identified" and "deidentified" shall be given the same | ||||||
| 26 | meaning as in the Health Insurance Portability and | ||||||
| |||||||
| |||||||
| 1 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
| 2 | subsequent amendments thereto, and any regulations | ||||||
| 3 | promulgated thereunder. | ||||||
| 4 | (u) Records and information provided to an independent | ||||||
| 5 | team of experts under the Developmental Disability and | ||||||
| 6 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 7 | (v) Names and information of people who have applied | ||||||
| 8 | for or received Firearm Owner's Identification Cards under | ||||||
| 9 | the Firearm Owners Identification Card Act or applied for | ||||||
| 10 | or received a concealed carry license under the Firearm | ||||||
| 11 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 12 | Firearm Concealed Carry Act; and databases under the | ||||||
| 13 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
| 14 | Licensing Review Board under the Firearm Concealed Carry | ||||||
| 15 | Act, and law enforcement agency objections under the | ||||||
| 16 | Firearm Concealed Carry Act. | ||||||
| 17 | (w) Personally identifiable information which is | ||||||
| 18 | exempted from disclosure under subsection (g) of Section | ||||||
| 19 | 19.1 of the Toll Highway Act. | ||||||
| 20 | (x) Information which is exempted from disclosure | ||||||
| 21 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 22 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 23 | (y) Confidential information under the Adult | ||||||
| 24 | Protective Services Act and its predecessor enabling | ||||||
| 25 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 26 | information about the identity and administrative finding | ||||||
| |||||||
| |||||||
| 1 | against any caregiver of a verified and substantiated | ||||||
| 2 | decision of abuse, neglect, or financial exploitation of an | ||||||
| 3 | eligible adult maintained in the Registry established | ||||||
| 4 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 5 | (z) Records and information provided to a fatality | ||||||
| 6 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 7 | Council under Section 15 of the Adult Protective Services | ||||||
| 8 | Act. | ||||||
| 9 | (aa) Information which is exempted from disclosure | ||||||
| 10 | under Section 2.37 of the Wildlife Code. | ||||||
| 11 | (bb) Information which is or was prohibited from | ||||||
| 12 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 13 | (cc) Recordings made under the Law Enforcement | ||||||
| 14 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 15 | authorized under that Act. | ||||||
| 16 | (dd) Information that is prohibited from being | ||||||
| 17 | disclosed under Section 45 of the Condominium and Common | ||||||
| 18 | Interest Community Ombudsperson Act. | ||||||
| 19 | (ee) Information that is exempted from disclosure | ||||||
| 20 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 21 | (ff) Information that is exempted from disclosure | ||||||
| 22 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 23 | (gg) Information that is prohibited from being | ||||||
| 24 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 25 | Code. | ||||||
| 26 | (hh) Records that are exempt from disclosure under | ||||||
| |||||||
| |||||||
| 1 | Section 1A-16.7 of the Election Code. | ||||||
| 2 | (ii) Information which is exempted from disclosure | ||||||
| 3 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 4 | the Civil Administrative Code of Illinois. | ||||||
| 5 | (jj) Information and reports that are required to be | ||||||
| 6 | submitted to the Department of Labor by registering day and | ||||||
| 7 | temporary labor service agencies but are exempt from | ||||||
| 8 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 9 | and Temporary Labor Services Act. | ||||||
| 10 | (kk) Information prohibited from disclosure under the | ||||||
| 11 | Seizure and Forfeiture Reporting Act. | ||||||
| 12 | (ll) Information the disclosure of which is restricted | ||||||
| 13 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 14 | Aid Code. | ||||||
| 15 | (mm) Records that are exempt from disclosure under | ||||||
| 16 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 17 | (nn) Information that is exempt from disclosure under | ||||||
| 18 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 19 | (oo) Communications, notes, records, and reports | ||||||
| 20 | arising out of a peer support counseling session prohibited | ||||||
| 21 | from disclosure under the First Responders Suicide | ||||||
| 22 | Prevention Act. | ||||||
| 23 | (pp) Names and all identifying information relating to | ||||||
| 24 | an employee of an emergency services provider or law | ||||||
| 25 | enforcement agency under the First Responders Suicide | ||||||
| 26 | Prevention Act. | ||||||
| |||||||
| |||||||
| 1 | (qq) Information and records held by the Department of | ||||||
| 2 | Public Health and its authorized representatives collected | ||||||
| 3 | under the Reproductive Health Act. | ||||||
| 4 | (rr) Information that is exempt from disclosure under | ||||||
| 5 | the Cannabis Regulation and Tax Act. | ||||||
| 6 | (ss) Data reported by an employer to the Department of | ||||||
| 7 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 8 | Human Rights Act. | ||||||
| 9 | (tt) Recordings made under the Children's Advocacy | ||||||
| 10 | Center Act, except to the extent authorized under that Act. | ||||||
| 11 | (uu) Information that is exempt from disclosure under | ||||||
| 12 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 13 | (vv) Information that is exempt from disclosure under | ||||||
| 14 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 15 | Public Aid Code. | ||||||
| 16 | (ww) Information that is exempt from disclosure under | ||||||
| 17 | Section 16.8 of the State Treasurer Act. | ||||||
| 18 | (xx) Information that is exempt from disclosure or | ||||||
| 19 | information that shall not be made public under the | ||||||
| 20 | Illinois Insurance Code. | ||||||
| 21 | (yy) (oo) Information prohibited from being disclosed | ||||||
| 22 | under the Illinois Educational Labor Relations Act. | ||||||
| 23 | (zz) (pp) Information prohibited from being disclosed | ||||||
| 24 | under the Illinois Public Labor Relations Act. | ||||||
| 25 | (aaa) (qq) Information prohibited from being disclosed | ||||||
| 26 | under Section 1-167 of the Illinois Pension Code. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
| 2 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
| 3 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
| 4 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
| 5 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
| 6 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
| 7 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
| 8 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
| 9 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised | ||||||
| 10 | 1-6-20.)
| ||||||
| 11 | Section 20. The State Records Act is amended by changing | ||||||
| 12 | Section 3 as follows:
| ||||||
| 13 | (5 ILCS 160/3) (from Ch. 116, par. 43.6)
| ||||||
| 14 | Sec. 3. Records as property of State.
| ||||||
| 15 | (a) All records
created or received by
or under the | ||||||
| 16 | authority of or coming into the custody, control, or possession | ||||||
| 17 | of
public officials of this State in the course of their public | ||||||
| 18 | duties are the
property of the State. These records may not be | ||||||
| 19 | mutilated, destroyed,
transferred, removed,
or otherwise | ||||||
| 20 | damaged or disposed of, in whole or in part, except as provided | ||||||
| 21 | by
law. Any person shall have the right of access to any public | ||||||
| 22 | records, unless
access to the records is otherwise limited or
| ||||||
| 23 | prohibited by law. This subsection (a) does not apply to | ||||||
| 24 | records that are subject to expungement under subsection | ||||||
| |||||||
| |||||||
| 1 | subsections (1.5) and (1.6) of Section 5-915 of the Juvenile | ||||||
| 2 | Court Act of 1987.
| ||||||
| 3 | (b) Reports and records of the obligation,
receipt and use | ||||||
| 4 | of public
funds of the State are public records available for | ||||||
| 5 | inspection by the
public, except as access to such records is | ||||||
| 6 | otherwise limited or prohibited
by law or pursuant to law. | ||||||
| 7 | These records shall be kept at the official
place of business | ||||||
| 8 | of the State or at a designated place of business of the
State. | ||||||
| 9 | These records shall be available for public inspection during | ||||||
| 10 | regular
office hours except when in
immediate use by persons | ||||||
| 11 | exercising official duties which require the use
of those | ||||||
| 12 | records. Nothing in this
section shall require the State to | ||||||
| 13 | invade or assist in the invasion of any
person's right to | ||||||
| 14 | privacy. Nothing in this Section shall be construed to
limit | ||||||
| 15 | any right given by statute or rule of law with respect to the
| ||||||
| 16 | inspection of other types of records.
| ||||||
| 17 | Warrants and vouchers in the keeping of the State | ||||||
| 18 | Comptroller may be
destroyed
by him as authorized in the | ||||||
| 19 | Comptroller's Records Act "An Act in relation to the | ||||||
| 20 | reproduction and destruction
of records kept by the | ||||||
| 21 | Comptroller", approved August 1, 1949, as now or
hereafter | ||||||
| 22 | amended after obtaining the approval of the State Records
| ||||||
| 23 | Commission.
| ||||||
| 24 | (Source: P.A. 98-637, eff. 1-1-15; revised 7-17-19.)
| ||||||
| 25 | Section 25. The State Employees Group Insurance Act of 1971 | ||||||
| |||||||
| |||||||
| 1 | is amended by changing Section 3 as follows:
| ||||||
| 2 | (5 ILCS 375/3) (from Ch. 127, par. 523)
| ||||||
| 3 | Sec. 3. Definitions. Unless the context otherwise | ||||||
| 4 | requires, the
following words and phrases as used in this Act | ||||||
| 5 | shall have the following
meanings. The Department may define | ||||||
| 6 | these and other words and phrases
separately for the purpose of | ||||||
| 7 | implementing specific programs providing benefits
under this | ||||||
| 8 | Act.
| ||||||
| 9 | (a) "Administrative service organization" means any | ||||||
| 10 | person, firm or
corporation experienced in the handling of | ||||||
| 11 | claims which is
fully qualified, financially sound and capable | ||||||
| 12 | of meeting the service
requirements of a contract of | ||||||
| 13 | administration executed with the Department.
| ||||||
| 14 | (b) "Annuitant" means (1) an employee who retires, or has | ||||||
| 15 | retired,
on or after January 1, 1966 on an immediate annuity | ||||||
| 16 | under the provisions
of Articles 2, 14 (including an employee | ||||||
| 17 | who has elected to receive an alternative retirement | ||||||
| 18 | cancellation payment under Section 14-108.5 of the Illinois | ||||||
| 19 | Pension Code in lieu of an annuity or who meets the criteria | ||||||
| 20 | for retirement, but in lieu of receiving an annuity under that | ||||||
| 21 | Article has elected to receive an accelerated pension benefit | ||||||
| 22 | payment under Section 14-147.5 of that Article), 15 (including | ||||||
| 23 | an employee who has retired under the optional
retirement | ||||||
| 24 | program established under Section 15-158.2 or who meets the | ||||||
| 25 | criteria for retirement but in lieu of receiving an annuity | ||||||
| |||||||
| |||||||
| 1 | under that Article has elected to receive an accelerated | ||||||
| 2 | pension benefit payment under Section 15-185.5 of the Article),
| ||||||
| 3 | paragraphs (2), (3), or (5) of Section 16-106 (including an | ||||||
| 4 | employee who meets the criteria for retirement, but in lieu of | ||||||
| 5 | receiving an annuity under that Article has elected to receive | ||||||
| 6 | an accelerated pension benefit payment under Section 16-190.5 | ||||||
| 7 | of the Illinois Pension Code), or
Article 18 of the Illinois | ||||||
| 8 | Pension Code; (2) any person who was receiving
group insurance | ||||||
| 9 | coverage under this Act as of March 31, 1978 by
reason of his | ||||||
| 10 | status as an annuitant, even though the annuity in relation
to | ||||||
| 11 | which such coverage was provided is a proportional annuity | ||||||
| 12 | based on less
than the minimum period of service required for a | ||||||
| 13 | retirement annuity in
the system involved; (3) any person not | ||||||
| 14 | otherwise covered by this Act
who has retired as a | ||||||
| 15 | participating member under Article 2 of the Illinois
Pension | ||||||
| 16 | Code but is ineligible for the retirement annuity under Section
| ||||||
| 17 | 2-119 of the Illinois Pension Code; (4) the spouse of any | ||||||
| 18 | person who
is receiving a retirement annuity under Article 18 | ||||||
| 19 | of the Illinois Pension
Code and who is covered under a group | ||||||
| 20 | health insurance program sponsored
by a governmental employer | ||||||
| 21 | other than the State of Illinois and who has
irrevocably | ||||||
| 22 | elected to waive his or her coverage under this Act and to have
| ||||||
| 23 | his or her spouse considered as the "annuitant" under this Act | ||||||
| 24 | and not as
a "dependent"; or (5) an employee who retires, or | ||||||
| 25 | has retired, from a
qualified position, as determined according | ||||||
| 26 | to rules promulgated by the
Director, under a qualified local | ||||||
| |||||||
| |||||||
| 1 | government, a qualified rehabilitation
facility, a qualified | ||||||
| 2 | domestic violence shelter or service, or a qualified child | ||||||
| 3 | advocacy center. (For definition
of "retired employee", see (p) | ||||||
| 4 | post).
| ||||||
| 5 | (b-5) (Blank).
| ||||||
| 6 | (b-6) (Blank).
| ||||||
| 7 | (b-7) (Blank).
| ||||||
| 8 | (c) "Carrier" means (1) an insurance company, a corporation | ||||||
| 9 | organized
under the Limited Health Service Organization Act or | ||||||
| 10 | the Voluntary Health
Services Plans Plan Act, a partnership, or | ||||||
| 11 | other nongovernmental organization,
which is authorized to do | ||||||
| 12 | group life or group health insurance business in
Illinois, or | ||||||
| 13 | (2) the State of Illinois as a self-insurer.
| ||||||
| 14 | (d) "Compensation" means salary or wages payable on a | ||||||
| 15 | regular
payroll by the State Treasurer on a warrant of the | ||||||
| 16 | State Comptroller out
of any State, trust or federal fund, or | ||||||
| 17 | by the Governor of the State
through a disbursing officer of | ||||||
| 18 | the State out of a trust or out of
federal funds, or by any | ||||||
| 19 | Department out of State, trust, federal or
other funds held by | ||||||
| 20 | the State Treasurer or the Department, to any person
for | ||||||
| 21 | personal services currently performed, and ordinary or | ||||||
| 22 | accidental
disability benefits under Articles 2, 14, 15 | ||||||
| 23 | (including ordinary or accidental
disability benefits under | ||||||
| 24 | the optional retirement program established under
Section | ||||||
| 25 | 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or | ||||||
| 26 | Article 18 of the Illinois Pension Code, for disability
| ||||||
| |||||||
| |||||||
| 1 | incurred after January 1, 1966, or benefits payable under the | ||||||
| 2 | Workers'
Compensation or Occupational Diseases Act or benefits | ||||||
| 3 | payable under a sick
pay plan established in accordance with | ||||||
| 4 | Section 36 of the State Finance Act.
"Compensation" also means | ||||||
| 5 | salary or wages paid to an employee of any
qualified local | ||||||
| 6 | government, qualified rehabilitation facility,
qualified | ||||||
| 7 | domestic violence shelter or service, or qualified child | ||||||
| 8 | advocacy center.
| ||||||
| 9 | (e) "Commission" means the State Employees Group Insurance | ||||||
| 10 | Advisory
Commission authorized by this Act. Commencing July 1, | ||||||
| 11 | 1984, "Commission"
as used in this Act means the Commission on | ||||||
| 12 | Government Forecasting and Accountability as
established by | ||||||
| 13 | the Legislative Commission Reorganization Act of 1984.
| ||||||
| 14 | (f) "Contributory", when referred to as contributory | ||||||
| 15 | coverage, shall
mean optional coverages or benefits elected by | ||||||
| 16 | the member toward the cost of
which such member makes | ||||||
| 17 | contribution, or which are funded in whole or in part
through | ||||||
| 18 | the acceptance of a reduction in earnings or the foregoing of | ||||||
| 19 | an
increase in earnings by an employee, as distinguished from | ||||||
| 20 | noncontributory
coverage or benefits which are paid entirely by | ||||||
| 21 | the State of Illinois
without reduction of the member's salary.
| ||||||
| 22 | (g) "Department" means any department, institution, board,
| ||||||
| 23 | commission, officer, court or any agency of the State | ||||||
| 24 | government
receiving appropriations and having power to | ||||||
| 25 | certify payrolls to the
Comptroller authorizing payments of | ||||||
| 26 | salary and wages against such
appropriations as are made by the | ||||||
| |||||||
| |||||||
| 1 | General Assembly from any State fund, or
against trust funds | ||||||
| 2 | held by the State Treasurer and includes boards of
trustees of | ||||||
| 3 | the retirement systems created by Articles 2, 14, 15, 16, and
| ||||||
| 4 | 18 of the Illinois Pension Code. "Department" also includes the | ||||||
| 5 | Illinois
Comprehensive Health Insurance Board, the Board of | ||||||
| 6 | Examiners established under
the Illinois Public Accounting | ||||||
| 7 | Act, and the Illinois Finance Authority.
| ||||||
| 8 | (h) "Dependent", when the term is used in the context of | ||||||
| 9 | the health
and life plan, means a member's spouse and any child | ||||||
| 10 | (1) from
birth to age 26 including an adopted child, a child | ||||||
| 11 | who lives with the
member from the time of the placement for | ||||||
| 12 | adoption until entry
of an order of adoption, a stepchild or | ||||||
| 13 | adjudicated child, or a child who lives with the member
if such | ||||||
| 14 | member is a court appointed guardian of the child or (2)
age 19 | ||||||
| 15 | or over who has a mental or physical disability from a cause | ||||||
| 16 | originating prior to the age of 19 (age 26 if enrolled as an | ||||||
| 17 | adult child dependent). For
the health plan only, the term | ||||||
| 18 | "dependent" also includes (1) any person
enrolled prior to the | ||||||
| 19 | effective date of this Section who is dependent upon
the member | ||||||
| 20 | to the extent that the member may claim such person as a
| ||||||
| 21 | dependent for income tax deduction purposes and (2) any person | ||||||
| 22 | who
has received after June 30, 2000 an organ transplant and | ||||||
| 23 | who is financially
dependent upon the member and eligible to be | ||||||
| 24 | claimed as a dependent for income
tax purposes. A member | ||||||
| 25 | requesting to cover any dependent must provide documentation as | ||||||
| 26 | requested by the Department of Central Management Services and | ||||||
| |||||||
| |||||||
| 1 | file with the Department any and all forms required by the | ||||||
| 2 | Department.
| ||||||
| 3 | (i) "Director" means the Director of the Illinois | ||||||
| 4 | Department of Central
Management Services.
| ||||||
| 5 | (j) "Eligibility period" means the period of time a member | ||||||
| 6 | has to
elect enrollment in programs or to select benefits | ||||||
| 7 | without regard to
age, sex or health.
| ||||||
| 8 | (k) "Employee" means and includes each officer or employee | ||||||
| 9 | in the
service of a department who (1) receives his | ||||||
| 10 | compensation for
service rendered to the department on a | ||||||
| 11 | warrant issued pursuant to a payroll
certified by a department | ||||||
| 12 | or on a warrant or check issued and drawn by a
department upon | ||||||
| 13 | a trust, federal or other fund or on a warrant issued
pursuant | ||||||
| 14 | to a payroll certified by an elected or duly appointed officer
| ||||||
| 15 | of the State or who receives payment of the performance of | ||||||
| 16 | personal
services on a warrant issued pursuant to a payroll | ||||||
| 17 | certified by a
Department and drawn by the Comptroller upon the | ||||||
| 18 | State Treasurer against
appropriations made by the General | ||||||
| 19 | Assembly from any fund or against
trust funds held by the State | ||||||
| 20 | Treasurer, and (2) is employed full-time or
part-time in a | ||||||
| 21 | position normally requiring actual performance of duty
during | ||||||
| 22 | not less than 1/2 of a normal work period, as established by | ||||||
| 23 | the
Director in cooperation with each department, except that | ||||||
| 24 | persons elected
by popular vote will be considered employees | ||||||
| 25 | during the entire
term for which they are elected regardless of | ||||||
| 26 | hours devoted to the
service of the State, and (3) except that | ||||||
| |||||||
| |||||||
| 1 | "employee" does not include any
person who is not eligible by | ||||||
| 2 | reason of such person's employment to
participate in one of the | ||||||
| 3 | State retirement systems under Articles 2, 14, 15
(either the | ||||||
| 4 | regular Article 15 system or the optional retirement program
| ||||||
| 5 | established under Section 15-158.2), or 18, or under paragraph | ||||||
| 6 | (2), (3), or
(5) of Section 16-106, of the Illinois
Pension | ||||||
| 7 | Code, but such term does include persons who are employed | ||||||
| 8 | during
the 6 month qualifying period under Article 14 of the | ||||||
| 9 | Illinois Pension
Code. Such term also includes any person who | ||||||
| 10 | (1) after January 1, 1966,
is receiving ordinary or accidental | ||||||
| 11 | disability benefits under Articles
2, 14, 15 (including | ||||||
| 12 | ordinary or accidental disability benefits under the
optional | ||||||
| 13 | retirement program established under Section 15-158.2), | ||||||
| 14 | paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of | ||||||
| 15 | the
Illinois Pension Code, for disability incurred after | ||||||
| 16 | January 1, 1966, (2)
receives total permanent or total | ||||||
| 17 | temporary disability under the Workers'
Compensation Act or | ||||||
| 18 | Occupational Disease Act as a result of injuries
sustained or | ||||||
| 19 | illness contracted in the course of employment with the
State | ||||||
| 20 | of Illinois, or (3) is not otherwise covered under this Act and | ||||||
| 21 | has
retired as a participating member under Article 2 of the | ||||||
| 22 | Illinois Pension
Code but is ineligible for the retirement | ||||||
| 23 | annuity under Section 2-119 of
the Illinois Pension Code. | ||||||
| 24 | However, a person who satisfies the criteria
of the foregoing | ||||||
| 25 | definition of "employee" except that such person is made
| ||||||
| 26 | ineligible to participate in the State Universities Retirement | ||||||
| |||||||
| |||||||
| 1 | System by
clause (4) of subsection (a) of Section 15-107 of the | ||||||
| 2 | Illinois Pension
Code is also an "employee" for the purposes of | ||||||
| 3 | this Act. "Employee" also
includes any person receiving or | ||||||
| 4 | eligible for benefits under a sick pay
plan established in | ||||||
| 5 | accordance with Section 36 of the State Finance Act.
"Employee" | ||||||
| 6 | also includes (i) each officer or employee in the service of a
| ||||||
| 7 | qualified local government, including persons appointed as | ||||||
| 8 | trustees of
sanitary districts regardless of hours devoted to | ||||||
| 9 | the service of the
sanitary district, (ii) each employee in the | ||||||
| 10 | service of a qualified
rehabilitation facility, (iii) each | ||||||
| 11 | full-time employee in the service of a
qualified domestic | ||||||
| 12 | violence shelter or service, and (iv) each full-time employee | ||||||
| 13 | in the service of a qualified child advocacy center, as | ||||||
| 14 | determined according to
rules promulgated by the Director.
| ||||||
| 15 | (l) "Member" means an employee, annuitant, retired | ||||||
| 16 | employee or survivor. In the case of an annuitant or retired | ||||||
| 17 | employee who first becomes an annuitant or retired employee on | ||||||
| 18 | or after January 13, 2012 (the effective date of Public Act | ||||||
| 19 | 97-668) this amendatory Act of the 97th General Assembly, the | ||||||
| 20 | individual must meet the minimum vesting requirements of the | ||||||
| 21 | applicable retirement system in order to be eligible for group | ||||||
| 22 | insurance benefits under that system. In the case of a survivor | ||||||
| 23 | who first becomes a survivor on or after January 13, 2012 (the | ||||||
| 24 | effective date of Public Act 97-668) this amendatory Act of the | ||||||
| 25 | 97th General Assembly, the deceased employee, annuitant, or | ||||||
| 26 | retired employee upon whom the annuity is based must have been | ||||||
| |||||||
| |||||||
| 1 | eligible to participate in the group insurance system under the | ||||||
| 2 | applicable retirement system in order for the survivor to be | ||||||
| 3 | eligible for group insurance benefits under that system.
| ||||||
| 4 | (m) "Optional coverages or benefits" means those coverages | ||||||
| 5 | or
benefits available to the member on his or her voluntary | ||||||
| 6 | election, and at
his or her own expense.
| ||||||
| 7 | (n) "Program" means the group life insurance, health | ||||||
| 8 | benefits and other
employee benefits designed and contracted | ||||||
| 9 | for by the Director under this Act.
| ||||||
| 10 | (o) "Health plan" means a health benefits
program offered
| ||||||
| 11 | by the State of Illinois for persons eligible for the plan.
| ||||||
| 12 | (p) "Retired employee" means any person who would be an | ||||||
| 13 | annuitant as
that term is defined herein but for the fact that | ||||||
| 14 | such person retired prior to
January 1, 1966. Such term also | ||||||
| 15 | includes any person formerly employed by
the University of | ||||||
| 16 | Illinois in the Cooperative Extension Service who would
be an | ||||||
| 17 | annuitant but for the fact that such person was made ineligible | ||||||
| 18 | to
participate in the State Universities Retirement System by | ||||||
| 19 | clause (4) of
subsection (a) of Section 15-107 of the Illinois
| ||||||
| 20 | Pension Code.
| ||||||
| 21 | (q) "Survivor" means a person receiving an annuity as a | ||||||
| 22 | survivor of an
employee or of an annuitant. "Survivor" also | ||||||
| 23 | includes: (1) the surviving
dependent of a person who satisfies | ||||||
| 24 | the definition of "employee" except that
such person is made | ||||||
| 25 | ineligible to participate in the State Universities
Retirement | ||||||
| 26 | System by clause (4) of subsection (a)
of Section 15-107 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Pension Code; (2) the surviving
dependent of any | ||||||
| 2 | person formerly employed by the University of Illinois in
the | ||||||
| 3 | Cooperative Extension Service who would be an annuitant except | ||||||
| 4 | for the
fact that such person was made ineligible to | ||||||
| 5 | participate in the State
Universities Retirement System by | ||||||
| 6 | clause (4) of subsection (a) of Section
15-107 of the Illinois | ||||||
| 7 | Pension Code; (3) the surviving dependent of a person who was | ||||||
| 8 | an annuitant under this Act by virtue of receiving an | ||||||
| 9 | alternative retirement cancellation payment under Section | ||||||
| 10 | 14-108.5 of the Illinois Pension Code; and (4) a person who | ||||||
| 11 | would be receiving an annuity as a survivor of an annuitant | ||||||
| 12 | except that the annuitant elected on or after June 4, 2018 to | ||||||
| 13 | receive an accelerated pension benefit payment under Section | ||||||
| 14 | 14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code in | ||||||
| 15 | lieu of receiving an annuity.
| ||||||
| 16 | (q-2) "SERS" means the State Employees' Retirement System | ||||||
| 17 | of Illinois, created under Article 14 of the Illinois Pension | ||||||
| 18 | Code.
| ||||||
| 19 | (q-3) "SURS" means the State Universities Retirement | ||||||
| 20 | System, created under Article 15 of the Illinois Pension Code.
| ||||||
| 21 | (q-4) "TRS" means the Teachers' Retirement System of the | ||||||
| 22 | State of Illinois, created under Article 16 of the Illinois | ||||||
| 23 | Pension Code.
| ||||||
| 24 | (q-5) (Blank).
| ||||||
| 25 | (q-6) (Blank).
| ||||||
| 26 | (q-7) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (r) "Medical services" means the services provided within | ||||||
| 2 | the scope
of their licenses by practitioners in all categories | ||||||
| 3 | licensed under the
Medical Practice Act of 1987.
| ||||||
| 4 | (s) "Unit of local government" means any county, | ||||||
| 5 | municipality,
township, school district (including a | ||||||
| 6 | combination of school districts under
the Intergovernmental | ||||||
| 7 | Cooperation Act), special district or other unit,
designated as | ||||||
| 8 | a
unit of local government by law, which exercises limited | ||||||
| 9 | governmental
powers or powers in respect to limited | ||||||
| 10 | governmental subjects, any
not-for-profit association with a | ||||||
| 11 | membership that primarily includes
townships and township | ||||||
| 12 | officials, that has duties that include provision of
research | ||||||
| 13 | service, dissemination of information, and other acts for the
| ||||||
| 14 | purpose of improving township government, and that is funded | ||||||
| 15 | wholly or
partly in accordance with Section 85-15 of the | ||||||
| 16 | Township Code; any
not-for-profit corporation or association, | ||||||
| 17 | with a membership consisting
primarily of municipalities, that | ||||||
| 18 | operates its own utility system, and
provides research, | ||||||
| 19 | training, dissemination of information, or other acts to
| ||||||
| 20 | promote cooperation between and among municipalities that | ||||||
| 21 | provide utility
services and for the advancement of the goals | ||||||
| 22 | and purposes of its
membership;
the Southern Illinois | ||||||
| 23 | Collegiate Common Market, which is a consortium of higher
| ||||||
| 24 | education institutions in Southern Illinois; the Illinois | ||||||
| 25 | Association of
Park Districts; and any hospital provider that | ||||||
| 26 | is owned by a county that has 100 or fewer hospital beds and | ||||||
| |||||||
| |||||||
| 1 | has not already joined the program. "Qualified
local | ||||||
| 2 | government" means a unit of local government approved by the | ||||||
| 3 | Director and
participating in a program created under | ||||||
| 4 | subsection (i) of Section 10 of this
Act.
| ||||||
| 5 | (t) "Qualified rehabilitation facility" means any | ||||||
| 6 | not-for-profit
organization that is accredited by the | ||||||
| 7 | Commission on Accreditation of
Rehabilitation Facilities or | ||||||
| 8 | certified by the Department
of Human Services (as successor to | ||||||
| 9 | the Department of Mental Health
and Developmental | ||||||
| 10 | Disabilities) to provide services to persons with
disabilities
| ||||||
| 11 | and which receives funds from the State of Illinois for | ||||||
| 12 | providing those
services, approved by the Director and | ||||||
| 13 | participating in a program created
under subsection (j) of | ||||||
| 14 | Section 10 of this Act.
| ||||||
| 15 | (u) "Qualified domestic violence shelter or service" means | ||||||
| 16 | any Illinois
domestic violence shelter or service and its | ||||||
| 17 | administrative offices funded
by the Department of Human | ||||||
| 18 | Services (as successor to the Illinois Department of
Public | ||||||
| 19 | Aid),
approved by the Director and
participating in a program | ||||||
| 20 | created under subsection (k) of Section 10.
| ||||||
| 21 | (v) "TRS benefit recipient" means a person who:
| ||||||
| 22 | (1) is not a "member" as defined in this Section; and
| ||||||
| 23 | (2) is receiving a monthly benefit or retirement | ||||||
| 24 | annuity
under Article 16 of the Illinois Pension Code or | ||||||
| 25 | would be receiving such monthly benefit or retirement | ||||||
| 26 | annuity except that the benefit recipient elected on or | ||||||
| |||||||
| |||||||
| 1 | after June 4, 2018 to receive an accelerated pension | ||||||
| 2 | benefit payment under Section 16-190.5 of the Illinois | ||||||
| 3 | Pension Code in lieu of receiving an annuity; and
| ||||||
| 4 | (3) either (i) has at least 8 years of creditable | ||||||
| 5 | service under Article
16 of the Illinois Pension Code, or | ||||||
| 6 | (ii) was enrolled in the health insurance
program offered | ||||||
| 7 | under that Article on January 1, 1996, or (iii) is the | ||||||
| 8 | survivor
of a benefit recipient who had at least 8
years of | ||||||
| 9 | creditable service under Article 16 of the Illinois Pension | ||||||
| 10 | Code or
was enrolled in the health insurance program | ||||||
| 11 | offered under that Article on June 21, 1995 (the effective | ||||||
| 12 | date of Public Act 89-25) this amendatory Act of 1995, or | ||||||
| 13 | (iv) is a recipient or
survivor of a recipient of a | ||||||
| 14 | disability benefit under Article 16 of the
Illinois Pension | ||||||
| 15 | Code.
| ||||||
| 16 | (w) "TRS dependent beneficiary" means a person who:
| ||||||
| 17 | (1) is not a "member" or "dependent" as defined in this | ||||||
| 18 | Section; and
| ||||||
| 19 | (2) is a TRS benefit recipient's: (A) spouse, (B) | ||||||
| 20 | dependent parent who
is receiving at least half of his or | ||||||
| 21 | her support from the TRS benefit
recipient, or (C) natural, | ||||||
| 22 | step, adjudicated, or adopted child who is (i) under age | ||||||
| 23 | 26, (ii) was, on January 1, 1996, participating as a | ||||||
| 24 | dependent
beneficiary in the health insurance program | ||||||
| 25 | offered under Article 16 of the
Illinois Pension Code, or | ||||||
| 26 | (iii) age 19 or over who has a mental or physical | ||||||
| |||||||
| |||||||
| 1 | disability from a cause originating prior to the age of 19 | ||||||
| 2 | (age 26 if enrolled as an adult child).
| ||||||
| 3 | "TRS dependent beneficiary" does not include, as indicated | ||||||
| 4 | under paragraph (2) of this subsection (w), a dependent of the | ||||||
| 5 | survivor of a TRS benefit recipient who first becomes a | ||||||
| 6 | dependent of a survivor of a TRS benefit recipient on or after | ||||||
| 7 | January 13, 2012 (the effective date of Public Act 97-668) this | ||||||
| 8 | amendatory Act of the 97th General Assembly unless that | ||||||
| 9 | dependent would have been eligible for coverage as a dependent | ||||||
| 10 | of the deceased TRS benefit recipient upon whom the survivor | ||||||
| 11 | benefit is based. | ||||||
| 12 | (x) "Military leave" refers to individuals in basic
| ||||||
| 13 | training for reserves, special/advanced training, annual | ||||||
| 14 | training, emergency
call up, activation by the President of the | ||||||
| 15 | United States, or any other training or duty in service to the | ||||||
| 16 | United States Armed Forces.
| ||||||
| 17 | (y) (Blank).
| ||||||
| 18 | (z) "Community college benefit recipient" means a person | ||||||
| 19 | who:
| ||||||
| 20 | (1) is not a "member" as defined in this Section; and
| ||||||
| 21 | (2) is receiving a monthly survivor's annuity or | ||||||
| 22 | retirement annuity
under Article 15 of the Illinois Pension | ||||||
| 23 | Code or would be receiving such monthly survivor's annuity | ||||||
| 24 | or retirement annuity except that the benefit recipient | ||||||
| 25 | elected on or after June 4, 2018 to receive an accelerated | ||||||
| 26 | pension benefit payment under Section 15-185.5 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Pension Code in lieu of receiving an annuity; and
| ||||||
| 2 | (3) either (i) was a full-time employee of a community | ||||||
| 3 | college district or
an association of community college | ||||||
| 4 | boards created under the Public Community
College Act | ||||||
| 5 | (other than an employee whose last employer under Article | ||||||
| 6 | 15 of the
Illinois Pension Code was a community college | ||||||
| 7 | district subject to Article VII
of the Public Community | ||||||
| 8 | College Act) and was eligible to participate in a group
| ||||||
| 9 | health benefit plan as an employee during the time of | ||||||
| 10 | employment with a
community college district (other than a | ||||||
| 11 | community college district subject to
Article VII of the | ||||||
| 12 | Public Community College Act) or an association of | ||||||
| 13 | community
college boards, or (ii) is the survivor of a | ||||||
| 14 | person described in item (i).
| ||||||
| 15 | (aa) "Community college dependent beneficiary" means a | ||||||
| 16 | person who:
| ||||||
| 17 | (1) is not a "member" or "dependent" as defined in this | ||||||
| 18 | Section; and
| ||||||
| 19 | (2) is a community college benefit recipient's: (A) | ||||||
| 20 | spouse, (B) dependent
parent who is receiving at least half | ||||||
| 21 | of his or her support from the community
college benefit | ||||||
| 22 | recipient, or (C) natural, step, adjudicated, or adopted | ||||||
| 23 | child who is (i)
under age 26, or (ii)
age 19 or over and | ||||||
| 24 | has a mental or physical disability from a cause | ||||||
| 25 | originating prior to the age of 19 (age 26 if enrolled as | ||||||
| 26 | an adult child).
| ||||||
| |||||||
| |||||||
| 1 | "Community college dependent beneficiary" does not | ||||||
| 2 | include, as indicated under paragraph (2) of this subsection | ||||||
| 3 | (aa), a dependent of the survivor of a community college | ||||||
| 4 | benefit recipient who first becomes a dependent of a survivor | ||||||
| 5 | of a community college benefit recipient on or after January | ||||||
| 6 | 13, 2012 (the effective date of Public Act 97-668) this | ||||||
| 7 | amendatory Act of the 97th General Assembly unless that | ||||||
| 8 | dependent would have been eligible for coverage as a dependent | ||||||
| 9 | of the deceased community college benefit recipient upon whom | ||||||
| 10 | the survivor annuity is based. | ||||||
| 11 | (bb) "Qualified child advocacy center" means any Illinois | ||||||
| 12 | child advocacy center and its administrative offices funded by | ||||||
| 13 | the Department of Children and Family Services, as defined by | ||||||
| 14 | the Children's Advocacy Center Act (55 ILCS 80/), approved by | ||||||
| 15 | the Director and participating in a program created under | ||||||
| 16 | subsection (n) of Section 10.
| ||||||
| 17 | (cc) "Placement for adoption" means the assumption and | ||||||
| 18 | retention by a member of a legal obligation for total or | ||||||
| 19 | partial support of a child in anticipation of adoption of the | ||||||
| 20 | child. The child's placement with the member terminates upon | ||||||
| 21 | the termination of such legal obligation. | ||||||
| 22 | (Source: P.A. 100-355, eff. 1-1-18; 100-587, eff. 6-4-18; | ||||||
| 23 | 101-242, eff. 8-9-19; revised 9-19-19.)
| ||||||
| 24 | Section 30. The State Services Assurance Act for FY2008 is | ||||||
| 25 | amended by changing Section 3-15 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 382/3-15)
| ||||||
| 2 | Sec. 3-15. Staffing standards. On or before July 1, 2008 | ||||||
| 3 | each named agency shall increase and maintain the number of | ||||||
| 4 | bilingual on-board frontline staff over the levels that it | ||||||
| 5 | maintained on June 30, 2007 as follows: | ||||||
| 6 | (1) The Department of Corrections shall have at least | ||||||
| 7 | 40 additional bilingual on-board frontline staff. | ||||||
| 8 | (2) Mental health and developmental centers operated | ||||||
| 9 | by the Department of Human Services shall have at least 20 | ||||||
| 10 | additional bilingual on-board frontline staff. | ||||||
| 11 | (3) Family and Community Resource Centers operated by | ||||||
| 12 | the Department of Human Services shall have at least 100 | ||||||
| 13 | additional bilingual on-board frontline staff. | ||||||
| 14 | (4) The Department of Children and Family Services | ||||||
| 15 | shall have at least 40 additional bilingual on-board | ||||||
| 16 | frontline staff. | ||||||
| 17 | (5) The Department of Veterans' Veterans Affairs shall | ||||||
| 18 | have at least 5 additional bilingual on-board frontline | ||||||
| 19 | staff. | ||||||
| 20 | (6) The Environmental Protection Agency shall have at | ||||||
| 21 | least 5 additional bilingual on-board frontline staff. | ||||||
| 22 | (7) The Department of Employment Security shall have at | ||||||
| 23 | least 10 additional bilingual on-board frontline staff. | ||||||
| 24 | (8) The Department of Natural Resources shall have at | ||||||
| 25 | least 5 additional bilingual on-board frontline staff. | ||||||
| |||||||
| |||||||
| 1 | (9) The Department of Public Health shall have at least | ||||||
| 2 | 5 additional bilingual on-board frontline staff. | ||||||
| 3 | (10) The Department of State Police shall have at least | ||||||
| 4 | 5 additional bilingual on-board frontline staff. | ||||||
| 5 | (11) The Department of Juvenile Justice shall have at | ||||||
| 6 | least 25 additional bilingual on-board frontline staff.
| ||||||
| 7 | (Source: P.A. 95-707, eff. 1-11-08; revised 9-19-16.)
| ||||||
| 8 | Section 35. The Illinois Governmental Ethics Act is amended | ||||||
| 9 | by changing Section 4A-108 as follows:
| ||||||
| 10 | (5 ILCS 420/4A-108) | ||||||
| 11 | Sec. 4A-108. Internet-based systems of filing. | ||||||
| 12 | (a) Notwithstanding any other provision of this Act or any | ||||||
| 13 | other law, the Secretary of State and county clerks are | ||||||
| 14 | authorized to institute an Internet-based system for the filing | ||||||
| 15 | of statements of economic interests in their offices. With | ||||||
| 16 | respect to county clerk systems, the determination to institute | ||||||
| 17 | such a system shall be in the sole discretion of the county | ||||||
| 18 | clerk and shall meet the requirements set out in this Section. | ||||||
| 19 | With respect to a Secretary of State system, the determination | ||||||
| 20 | to institute such a system shall be in the sole discretion of | ||||||
| 21 | the Secretary of State and shall meet the requirements set out | ||||||
| 22 | in this Section and those Sections of the State Officials and | ||||||
| 23 | Employees Ethics Act requiring ethics officer review prior to | ||||||
| 24 | filing. The system shall be capable of allowing an ethics | ||||||
| |||||||
| |||||||
| 1 | officer to approve a statement of economic interests and shall | ||||||
| 2 | include a means to amend a statement of economic interests. | ||||||
| 3 | When this Section does not modify or remove the requirements | ||||||
| 4 | set forth elsewhere in this Article, those requirements shall | ||||||
| 5 | apply to any system of Internet-based filing authorized by this | ||||||
| 6 | Section. When this Section does modify or remove the | ||||||
| 7 | requirements set forth elsewhere in this Article, the | ||||||
| 8 | provisions of this Section shall apply to any system of | ||||||
| 9 | Internet-based filing authorized by this Section. | ||||||
| 10 | (b) In any system of Internet-based filing of statements of | ||||||
| 11 | economic interests instituted by the Secretary of State or a | ||||||
| 12 | county clerk: | ||||||
| 13 | (1) Any filing of an Internet-based statement of | ||||||
| 14 | economic interests shall be the equivalent of the filing of | ||||||
| 15 | a verified, written statement of economic interests as | ||||||
| 16 | required by Section 4A-101 or 4A-101.5 and the equivalent | ||||||
| 17 | of the filing of a verified, dated, and signed statement of | ||||||
| 18 | economic interests as required by Section 4A-104. | ||||||
| 19 | (2) The Secretary of State and county clerks who | ||||||
| 20 | institute a system of Internet-based filing of statements | ||||||
| 21 | of economic interests shall establish a password-protected | ||||||
| 22 | website to receive the filings of such statements. A | ||||||
| 23 | website established under this Section shall set forth and | ||||||
| 24 | provide a means of responding to the items set forth in | ||||||
| 25 | Section 4A-102 that are required of a person who files a | ||||||
| 26 | statement of economic interests with that officer. A | ||||||
| |||||||
| |||||||
| 1 | website established under this Section shall set forth and | ||||||
| 2 | provide a means of generating a printable receipt page | ||||||
| 3 | acknowledging filing. | ||||||
| 4 | (3) The times for the filing of statements of economic | ||||||
| 5 | interests set forth in Section 4A-105 shall be followed in | ||||||
| 6 | any system of Internet-based filing of statements of | ||||||
| 7 | economic interests; provided that a candidate for elective | ||||||
| 8 | office who is required to file a statement of economic | ||||||
| 9 | interests in relation to his or her candidacy pursuant to | ||||||
| 10 | Section 4A-105(a) shall receive a written or printed | ||||||
| 11 | receipt for his or her filing. | ||||||
| 12 | A candidate filing for Governor, Lieutenant Governor, | ||||||
| 13 | Attorney General, Secretary of State, Treasurer, | ||||||
| 14 | Comptroller, State Senate, or State House of | ||||||
| 15 | Representatives shall not use the Internet to file his or | ||||||
| 16 | her statement of economic interests, but shall file his or | ||||||
| 17 | her statement of economic interests in a written or printed | ||||||
| 18 | form and shall receive a written or printed receipt for his | ||||||
| 19 | or her filing. Annually, the duly appointed ethics officer | ||||||
| 20 | for each legislative caucus shall certify to the Secretary | ||||||
| 21 | of State whether his or her caucus members will file their | ||||||
| 22 | statements of economic interests electronically or in a | ||||||
| 23 | written or printed format for that year. If the ethics | ||||||
| 24 | officer for a caucus certifies that the statements of | ||||||
| 25 | economic interests shall be written or printed, then | ||||||
| 26 | members of the General Assembly of that caucus shall not | ||||||
| |||||||
| |||||||
| 1 | use the Internet to file his or her statement of economic | ||||||
| 2 | interests, but shall file his or her statement of economic | ||||||
| 3 | interests in a written or printed form and shall receive a | ||||||
| 4 | written or printed receipt for his or her filing. If no | ||||||
| 5 | certification is made by an ethics officer for a | ||||||
| 6 | legislative caucus, or if a member of the General Assembly | ||||||
| 7 | is not affiliated with a legislative caucus, then the | ||||||
| 8 | affected member or members of the General Assembly may file | ||||||
| 9 | their statements of economic interests using the Internet. | ||||||
| 10 | (4) In the first year of the implementation of a system | ||||||
| 11 | of Internet-based filing of statements of economic | ||||||
| 12 | interests, each person required to file such a statement is | ||||||
| 13 | to be notified in writing of his or her obligation to file | ||||||
| 14 | his or her statement of economic interests by way of the | ||||||
| 15 | Internet-based system. If access to the website web site | ||||||
| 16 | requires a code or password, this information shall be | ||||||
| 17 | included in the notice prescribed by this paragraph. | ||||||
| 18 | (5) When a person required to file a statement of | ||||||
| 19 | economic interests has supplied the Secretary of State or a | ||||||
| 20 | county clerk, as applicable, with an email address for the | ||||||
| 21 | purpose of receiving notices under this Article by email, a | ||||||
| 22 | notice sent by email to the supplied email address shall be | ||||||
| 23 | the equivalent of a notice sent by first class mail, as set | ||||||
| 24 | forth in Section 4A-106 or 4A-106.5. A person who has | ||||||
| 25 | supplied such an email address shall notify the Secretary | ||||||
| 26 | of State or county clerk, as applicable, when his or her | ||||||
| |||||||
| |||||||
| 1 | email address changes or if he or she no longer wishes to | ||||||
| 2 | receive notices by email. | ||||||
| 3 | (6) If any person who is required to file a statement | ||||||
| 4 | of economic interests and who has chosen to receive notices | ||||||
| 5 | by email fails to file his or her statement by May 10, then | ||||||
| 6 | the Secretary of State or county clerk, as applicable, | ||||||
| 7 | shall send an additional email notice on that date, | ||||||
| 8 | informing the person that he or she has not filed and | ||||||
| 9 | describing the penalties for late filing and failing to | ||||||
| 10 | file. This notice shall be in addition to other notices | ||||||
| 11 | provided for in this Article. | ||||||
| 12 | (7) The Secretary of State and each county clerk who | ||||||
| 13 | institutes a system of Internet-based filing of statements | ||||||
| 14 | of economic interests may also institute an Internet-based | ||||||
| 15 | process for the filing of the list of names and addresses | ||||||
| 16 | of persons required to file statements of economic | ||||||
| 17 | interests by the chief administrative officers that must | ||||||
| 18 | file such information with the Secretary of State or county | ||||||
| 19 | clerk, as applicable, pursuant to Section 4A-106 or | ||||||
| 20 | 4A-106.5. Whenever the Secretary of State or a county clerk | ||||||
| 21 | institutes such a system under this paragraph, every chief | ||||||
| 22 | administrative officer must use the system to file this | ||||||
| 23 | information. | ||||||
| 24 | (8) The Secretary of State and any county clerk who | ||||||
| 25 | institutes a system of Internet-based filing of statements | ||||||
| 26 | of economic interests shall post the contents of such | ||||||
| |||||||
| |||||||
| 1 | statements filed with him or her available for inspection | ||||||
| 2 | and copying on a publicly accessible website. Such postings | ||||||
| 3 | shall not include the addresses or signatures of the | ||||||
| 4 | filers.
| ||||||
| 5 | (Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19; | ||||||
| 6 | revised 9-12-19.)
| ||||||
| 7 | Section 40. The State Officials and Employees Ethics Act is | ||||||
| 8 | amended by changing Sections 20-10 and 25-10 as follows:
| ||||||
| 9 | (5 ILCS 430/20-10)
| ||||||
| 10 | Sec. 20-10. Offices of Executive Inspectors General.
| ||||||
| 11 | (a) Five independent Offices of the Executive Inspector | ||||||
| 12 | General are
created,
one each for the Governor, the Attorney | ||||||
| 13 | General, the Secretary of State, the
Comptroller, and the | ||||||
| 14 | Treasurer. Each Office shall be under the direction and
| ||||||
| 15 | supervision
of an Executive Inspector General and shall be a | ||||||
| 16 | fully independent office with
separate
appropriations.
| ||||||
| 17 | (b) The Governor, Attorney General, Secretary of State, | ||||||
| 18 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||
| 19 | Inspector General, without regard to
political affiliation and | ||||||
| 20 | solely on the basis of integrity and
demonstrated ability.
| ||||||
| 21 | Appointments shall be made by and with the advice and consent | ||||||
| 22 | of the
Senate by three-fifths of the elected members concurring | ||||||
| 23 | by record vote.
Any nomination not acted upon by the Senate | ||||||
| 24 | within 60 session days of the
receipt thereof shall be deemed | ||||||
| |||||||
| |||||||
| 1 | to have received the advice and consent of
the Senate. If, | ||||||
| 2 | during a recess of the Senate, there is a vacancy in an office
| ||||||
| 3 | of Executive Inspector General, the appointing authority shall | ||||||
| 4 | make a
temporary appointment until the next meeting of the | ||||||
| 5 | Senate when the
appointing authority shall make a nomination to | ||||||
| 6 | fill that office. No person
rejected for an office of Executive | ||||||
| 7 | Inspector General shall, except by the
Senate's request, be | ||||||
| 8 | nominated again for that office at the same session of
the | ||||||
| 9 | Senate or be appointed to that office during a recess of that | ||||||
| 10 | Senate.
| ||||||
| 11 | Nothing in this Article precludes the appointment by the | ||||||
| 12 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
| 13 | or Treasurer of any other inspector general
required or
| ||||||
| 14 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
| 15 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
| 16 | inspector general as the Executive Inspector
General
required | ||||||
| 17 | by this
Article, provided that such an inspector general is not | ||||||
| 18 | prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
| 19 | interest from serving as the Executive
Inspector General
| ||||||
| 20 | required by
this Article.
An appointing authority may not | ||||||
| 21 | appoint a relative as an Executive Inspector
General.
| ||||||
| 22 | Each Executive Inspector General shall have the following | ||||||
| 23 | qualifications:
| ||||||
| 24 | (1) has not been convicted of any felony under the laws | ||||||
| 25 | of this State,
another State, or the United States;
| ||||||
| 26 | (2) has earned a baccalaureate degree from an | ||||||
| |||||||
| |||||||
| 1 | institution of higher
education; and
| ||||||
| 2 | (3) has 5 or more years of cumulative service (A) with | ||||||
| 3 | a federal,
State, or
local law enforcement agency, at least | ||||||
| 4 | 2 years of which have been in a
progressive investigatory | ||||||
| 5 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||||||
| 6 | as a
senior manager or executive of a federal, State, or | ||||||
| 7 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
| 8 | federal judge; or (E) representing any combination of items | ||||||
| 9 | (A) through (D).
| ||||||
| 10 | The term of each initial Executive Inspector General shall
| ||||||
| 11 | commence upon qualification and shall run through June 30, | ||||||
| 12 | 2008. The
initial appointments shall be made within 60 days | ||||||
| 13 | after the effective
date of this Act.
| ||||||
| 14 | After the initial term, each Executive Inspector General | ||||||
| 15 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
| 16 | of appointment
and running through June 30 of the fifth | ||||||
| 17 | following year. An
Executive Inspector General may be | ||||||
| 18 | reappointed to one or more
subsequent terms.
| ||||||
| 19 | A vacancy occurring other than at the end of a term shall | ||||||
| 20 | be filled
by the appointing authority only for the balance of | ||||||
| 21 | the term of the Executive
Inspector General whose office is | ||||||
| 22 | vacant.
| ||||||
| 23 | Terms shall run regardless of whether the position is | ||||||
| 24 | filled.
| ||||||
| 25 | (c) The Executive Inspector General appointed by the | ||||||
| 26 | Attorney General shall
have jurisdiction over the Attorney | ||||||
| |||||||
| |||||||
| 1 | General and all officers and employees of,
and vendors and | ||||||
| 2 | others doing business with,
State agencies within the | ||||||
| 3 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
| 4 | General appointed by the Secretary of State shall have | ||||||
| 5 | jurisdiction
over the Secretary of State and all officers and | ||||||
| 6 | employees of, and vendors and
others doing business with, State | ||||||
| 7 | agencies within the
jurisdiction of the Secretary of State. The | ||||||
| 8 | Executive Inspector General
appointed by the Comptroller shall | ||||||
| 9 | have jurisdiction over the Comptroller and
all officers and | ||||||
| 10 | employees of, and vendors and others doing business with,
State | ||||||
| 11 | agencies within the jurisdiction of the Comptroller. The
| ||||||
| 12 | Executive Inspector General appointed by the Treasurer shall | ||||||
| 13 | have jurisdiction
over the Treasurer and all officers and | ||||||
| 14 | employees of, and vendors and others
doing business with, State | ||||||
| 15 | agencies within the jurisdiction
of the Treasurer. The | ||||||
| 16 | Executive Inspector General appointed by the Governor
shall | ||||||
| 17 | have jurisdiction over (i) the Governor, (ii) the Lieutenant | ||||||
| 18 | Governor, (iii) all
officers and employees of, and vendors and | ||||||
| 19 | others doing business with,
executive branch State agencies | ||||||
| 20 | under the jurisdiction of the
Executive Ethics Commission and | ||||||
| 21 | not within the jurisdiction of the
Attorney
General, the | ||||||
| 22 | Secretary of State, the Comptroller, or the Treasurer, and (iv) | ||||||
| 23 | all board members and employees of the Regional Transit Boards | ||||||
| 24 | and all vendors and others doing business with the Regional | ||||||
| 25 | Transit Boards.
| ||||||
| 26 | The jurisdiction of each Executive Inspector General is to | ||||||
| |||||||
| |||||||
| 1 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
| 2 | misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||||||
| 3 | violations of this Act or violations of other related
laws and | ||||||
| 4 | rules.
| ||||||
| 5 | Each Executive Inspector General shall have jurisdiction | ||||||
| 6 | over complainants in violation of subsection (e) of Section | ||||||
| 7 | 20-63 for disclosing a summary report prepared by the | ||||||
| 8 | respective Executive Inspector General. | ||||||
| 9 | (d) The compensation for each Executive Inspector General | ||||||
| 10 | shall be
determined by the Executive Ethics Commission and | ||||||
| 11 | shall be made from appropriations made to the Comptroller for | ||||||
| 12 | this purpose. Subject to Section 20-45 of this Act, each
| ||||||
| 13 | Executive Inspector General has full
authority
to organize his | ||||||
| 14 | or her Office of the Executive Inspector General, including the
| ||||||
| 15 | employment and determination of the compensation of staff, such | ||||||
| 16 | as deputies,
assistants, and other employees, as | ||||||
| 17 | appropriations permit. A separate
appropriation
shall be made | ||||||
| 18 | for each Office of Executive Inspector General.
| ||||||
| 19 | (e) No Executive Inspector General or employee of the | ||||||
| 20 | Office of
the Executive Inspector General may, during his or | ||||||
| 21 | her term of appointment or
employment:
| ||||||
| 22 | (1) become a candidate for any elective office;
| ||||||
| 23 | (2) hold any other elected or appointed public office
| ||||||
| 24 | except for appointments on governmental advisory boards
or | ||||||
| 25 | study commissions or as otherwise expressly authorized by | ||||||
| 26 | law;
| ||||||
| |||||||
| |||||||
| 1 | (3) be actively involved in the affairs of any | ||||||
| 2 | political party or
political organization; or
| ||||||
| 3 | (4) advocate for the appointment of another person to | ||||||
| 4 | an appointed or elected office or position or actively | ||||||
| 5 | participate in any campaign for any
elective office.
| ||||||
| 6 | In this subsection an appointed public office means a | ||||||
| 7 | position authorized by
law that is filled by an appointing | ||||||
| 8 | authority as provided by law and does not
include employment by | ||||||
| 9 | hiring in the ordinary course of business.
| ||||||
| 10 | (e-1) No Executive Inspector General or employee of the | ||||||
| 11 | Office of the
Executive Inspector General may, for one year | ||||||
| 12 | after the termination of his or
her appointment or employment:
| ||||||
| 13 | (1) become a candidate for any elective office;
| ||||||
| 14 | (2) hold any elected public office; or
| ||||||
| 15 | (3) hold any appointed State, county, or local judicial | ||||||
| 16 | office.
| ||||||
| 17 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
| 18 | be waived by the
Executive Ethics Commission.
| ||||||
| 19 | (f) An Executive Inspector General may be removed only for | ||||||
| 20 | cause and may
be removed only by the appointing constitutional | ||||||
| 21 | officer. At the time of the
removal,
the appointing | ||||||
| 22 | constitutional officer must report to the Executive Ethics
| ||||||
| 23 | Commission the
justification for the
removal.
| ||||||
| 24 | (Source: P.A. 101-221, eff. 8-9-19; revised 9-13-19.)
| ||||||
| 25 | (5 ILCS 430/25-10)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 25-10. Office of Legislative Inspector General.
| ||||||
| 2 | (a) The independent Office of the Legislative Inspector | ||||||
| 3 | General is created.
The Office shall be under the direction and | ||||||
| 4 | supervision of the
Legislative Inspector General and shall be a | ||||||
| 5 | fully independent office with its
own appropriation.
| ||||||
| 6 | (b) The Legislative Inspector General shall be appointed | ||||||
| 7 | without regard to
political
affiliation and solely on the basis | ||||||
| 8 | of integrity and
demonstrated ability.
The Legislative Ethics
| ||||||
| 9 | Commission shall diligently search out qualified candidates | ||||||
| 10 | for Legislative
Inspector General
and shall make | ||||||
| 11 | recommendations to the General Assembly. The Legislative | ||||||
| 12 | Inspector General may serve in a full-time, part-time, or | ||||||
| 13 | contractual capacity.
| ||||||
| 14 | The Legislative Inspector General shall be appointed by a | ||||||
| 15 | joint resolution of
the
Senate and the House of | ||||||
| 16 | Representatives, which may specify the date on
which the | ||||||
| 17 | appointment takes effect.
A joint resolution, or other document | ||||||
| 18 | as may be specified by the
Joint Rules of the General Assembly, | ||||||
| 19 | appointing the Legislative Inspector
General must be certified | ||||||
| 20 | by
the Speaker
of the House of Representatives and the | ||||||
| 21 | President of the Senate as having been
adopted by the
| ||||||
| 22 | affirmative vote of three-fifths of the members elected to each | ||||||
| 23 | house,
respectively,
and be filed with the Secretary of State.
| ||||||
| 24 | The appointment of the Legislative Inspector General takes | ||||||
| 25 | effect on the day
the
appointment is completed by the General | ||||||
| 26 | Assembly, unless the appointment
specifies a later date on | ||||||
| |||||||
| |||||||
| 1 | which it is to become effective.
| ||||||
| 2 | The Legislative Inspector General shall have the following | ||||||
| 3 | qualifications:
| ||||||
| 4 | (1) has not been convicted of any felony under the laws | ||||||
| 5 | of this State,
another state, or the United States;
| ||||||
| 6 | (2) has earned a baccalaureate degree from an | ||||||
| 7 | institution of higher
education; and
| ||||||
| 8 | (3) has 5 or more years of cumulative service (A) with | ||||||
| 9 | a federal,
State, or
local law enforcement agency, at least | ||||||
| 10 | 2 years of which have been in a
progressive investigatory | ||||||
| 11 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||||||
| 12 | as a
senior manager or executive of a federal, State, or | ||||||
| 13 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
| 14 | federal judge; or (E) representing any combination of items | ||||||
| 15 | (A) through (D).
| ||||||
| 16 | The Legislative Inspector General may not be a relative of | ||||||
| 17 | a commissioner.
| ||||||
| 18 | The term of the initial Legislative Inspector General shall
| ||||||
| 19 | commence upon qualification and shall run through June 30, | ||||||
| 20 | 2008.
| ||||||
| 21 | After the initial term, the Legislative Inspector General | ||||||
| 22 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
| 23 | of appointment
and running through June 30 of the fifth | ||||||
| 24 | following year. The
Legislative Inspector General may be | ||||||
| 25 | reappointed to one or more
subsequent terms. Terms shall run | ||||||
| 26 | regardless of whether the position is filled.
| ||||||
| |||||||
| |||||||
| 1 | (b-5) A vacancy occurring other than at the end of a term | ||||||
| 2 | shall be filled in the
same manner as an appointment only for | ||||||
| 3 | the balance of the term of the
Legislative
Inspector General | ||||||
| 4 | whose office is vacant. Within 7 days of the Office becoming | ||||||
| 5 | vacant or receipt of a Legislative Inspector General's | ||||||
| 6 | prospective resignation, the vacancy shall be publicly posted | ||||||
| 7 | on the Commission's website, along with a description of the | ||||||
| 8 | requirements for the position and where applicants may apply. | ||||||
| 9 | Within 45 days of the vacancy, the Commission shall | ||||||
| 10 | designate an Acting Legislative Inspector General who shall | ||||||
| 11 | serve until the vacancy is filled. The Commission shall file | ||||||
| 12 | the designation in writing with the Secretary of State. | ||||||
| 13 | Within 60 days prior to the end of the term of the | ||||||
| 14 | Legislative Inspector General or within 30 days of the | ||||||
| 15 | occurrence of a vacancy in the Office of the Legislative | ||||||
| 16 | Inspector General, the Legislative Ethics Commission shall | ||||||
| 17 | establish a four-member search committee within the Commission | ||||||
| 18 | for the purpose of conducting a search for qualified candidates | ||||||
| 19 | to serve as Legislative Inspector General. The Speaker of the | ||||||
| 20 | House of Representatives, Minority Leader of the House, Senate | ||||||
| 21 | President, and Minority Leader of the Senate shall each appoint | ||||||
| 22 | one member to the search committee. A member of the search | ||||||
| 23 | committee shall be either a retired judge or former prosecutor | ||||||
| 24 | and may not be a member or employee of the General Assembly or | ||||||
| 25 | a registered lobbyist. If the Legislative Ethics Commission | ||||||
| 26 | wishes to recommend that the Legislative Inspector General be | ||||||
| |||||||
| |||||||
| 1 | re-appointed, a search committee does not need to be appointed. | ||||||
| 2 | The search committee shall conduct a search for qualified | ||||||
| 3 | candidates, accept applications, and conduct interviews. The | ||||||
| 4 | search committee shall recommend up to 3 candidates for | ||||||
| 5 | Legislative Inspector General to the Legislative Ethics | ||||||
| 6 | Commission. The search committee shall be disbanded upon an | ||||||
| 7 | appointment of the Legislative Inspector General. Members of | ||||||
| 8 | the search committee are not entitled to compensation but shall | ||||||
| 9 | be entitled to reimbursement of reasonable expenses incurred in | ||||||
| 10 | connection with the performance of their duties. | ||||||
| 11 | Within 30 days after June 8, 2018 (the effective date of | ||||||
| 12 | Public Act 100-588) this amendatory Act of the 100th General | ||||||
| 13 | Assembly, the Legislative Ethics Commission shall create a | ||||||
| 14 | search committee in the manner provided for in this subsection | ||||||
| 15 | to recommend up to 3 candidates for Legislative Inspector | ||||||
| 16 | General to the Legislative Ethics Commission by October 31, | ||||||
| 17 | 2018. | ||||||
| 18 | If a vacancy exists and the Commission has not appointed an | ||||||
| 19 | Acting Legislative Inspector General, either the staff of the | ||||||
| 20 | Office of the Legislative Inspector General, or if there is no | ||||||
| 21 | staff, the Executive Director, shall advise the Commission of | ||||||
| 22 | all open investigations and any new allegations or complaints | ||||||
| 23 | received in the Office of the Inspector General. These reports | ||||||
| 24 | shall not include the name of any person identified in the | ||||||
| 25 | allegation or complaint, including, but not limited to, the | ||||||
| 26 | subject of and the person filing the allegation or complaint. | ||||||
| |||||||
| |||||||
| 1 | Notification shall be made to the Commission on a weekly basis | ||||||
| 2 | unless the Commission approves of a different reporting | ||||||
| 3 | schedule.
| ||||||
| 4 | If the Office of the Inspector General is vacant for 6 | ||||||
| 5 | months or more beginning on or after January 1, 2019, and the | ||||||
| 6 | Legislative Ethics Commission has not appointed an Acting | ||||||
| 7 | Legislative Inspector General, all complaints made to the | ||||||
| 8 | Legislative Inspector General or the Legislative Ethics | ||||||
| 9 | Commission shall be directed to the Inspector General for the | ||||||
| 10 | Auditor General, and he or she shall have the authority to act | ||||||
| 11 | as provided in subsection (c) of this Section and Section 25-20 | ||||||
| 12 | of this Act, and shall be subject to all laws and rules | ||||||
| 13 | governing a Legislative Inspector General or Acting | ||||||
| 14 | Legislative Inspector General. The authority for the Inspector | ||||||
| 15 | General of the Auditor General under this paragraph shall | ||||||
| 16 | terminate upon appointment of a Legislative Inspector General | ||||||
| 17 | or an Acting Legislative Inspector General.
| ||||||
| 18 | (c) The Legislative Inspector General
shall have | ||||||
| 19 | jurisdiction over the current and former members of the General | ||||||
| 20 | Assembly regarding events occurring during a member's term of | ||||||
| 21 | office and
current and former State employees regarding events | ||||||
| 22 | occurring during any period of employment where the State | ||||||
| 23 | employee's ultimate jurisdictional authority is
(i) a | ||||||
| 24 | legislative leader, (ii) the Senate Operations Commission, or | ||||||
| 25 | (iii) the
Joint Committee on Legislative Support Services.
| ||||||
| 26 | The jurisdiction of each Legislative Inspector General is | ||||||
| |||||||
| |||||||
| 1 | to investigate
allegations of fraud, waste, abuse, | ||||||
| 2 | mismanagement, misconduct, nonfeasance,
misfeasance,
| ||||||
| 3 | malfeasance, or violations of this Act or violations of other | ||||||
| 4 | related
laws and rules.
| ||||||
| 5 | The Legislative Inspector General shall have jurisdiction | ||||||
| 6 | over complainants in violation of subsection (e) of Section | ||||||
| 7 | 25-63 of this Act. | ||||||
| 8 | (d) The compensation of the Legislative Inspector General | ||||||
| 9 | shall
be the greater of an amount (i) determined (i) by the | ||||||
| 10 | Commission or (ii) by joint
resolution of the General Assembly | ||||||
| 11 | passed by a majority of members elected in
each chamber.
| ||||||
| 12 | Subject to Section 25-45 of this Act, the Legislative Inspector | ||||||
| 13 | General has
full
authority to organize the Office of the | ||||||
| 14 | Legislative Inspector General,
including the employment and | ||||||
| 15 | determination of the compensation of
staff, such as deputies, | ||||||
| 16 | assistants, and other employees, as
appropriations permit. | ||||||
| 17 | Employment of staff is subject to the approval of at least 3 of | ||||||
| 18 | the 4 legislative leaders.
| ||||||
| 19 | (e) No Legislative Inspector General or employee of the | ||||||
| 20 | Office of
the Legislative Inspector General may, during his or | ||||||
| 21 | her term of appointment or
employment:
| ||||||
| 22 | (1) become a candidate for any elective office;
| ||||||
| 23 | (2) hold any other elected or appointed public office
| ||||||
| 24 | except for appointments on governmental advisory boards
or | ||||||
| 25 | study commissions or as otherwise expressly authorized by | ||||||
| 26 | law;
| ||||||
| |||||||
| |||||||
| 1 | (3) be actively involved in the affairs of any | ||||||
| 2 | political party or
political organization; or
| ||||||
| 3 | (4) actively participate in any campaign for any
| ||||||
| 4 | elective office.
| ||||||
| 5 | A full-time Legislative Inspector General shall not engage | ||||||
| 6 | in the practice of law or any other business, employment, or | ||||||
| 7 | vocation. | ||||||
| 8 | In this subsection an appointed public office means a | ||||||
| 9 | position authorized by
law that is filled by an appointing | ||||||
| 10 | authority as provided by law and does not
include employment by | ||||||
| 11 | hiring in the ordinary course of business.
| ||||||
| 12 | (e-1) No Legislative Inspector General or employee of the | ||||||
| 13 | Office of the
Legislative Inspector General may, for one year | ||||||
| 14 | after the termination of his or
her appointment or employment:
| ||||||
| 15 | (1) become a candidate for any elective office;
| ||||||
| 16 | (2) hold any elected public office; or
| ||||||
| 17 | (3) hold any appointed State, county, or local judicial | ||||||
| 18 | office.
| ||||||
| 19 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
| 20 | be waived by the
Legislative Ethics Commission.
| ||||||
| 21 | (f) The Commission may remove the Legislative Inspector | ||||||
| 22 | General only for
cause. At the time of the removal, the | ||||||
| 23 | Commission must report to the General
Assembly the | ||||||
| 24 | justification for the removal.
| ||||||
| 25 | (Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19; | ||||||
| 26 | revised 9-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 45. The Seizure and Forfeiture Reporting Act is | ||||||
| 2 | amended by changing Section 5 as follows:
| ||||||
| 3 | (5 ILCS 810/5)
| ||||||
| 4 | Sec. 5. Applicability. This Act is applicable to property | ||||||
| 5 | seized or forfeited under the following provisions of law: | ||||||
| 6 | (1) Section 3.23 of the Illinois Food, Drug and | ||||||
| 7 | Cosmetic Act; | ||||||
| 8 | (2) Section 44.1 of the Environmental Protection Act; | ||||||
| 9 | (3) Section 105-55 of the Herptiles-Herps Act; | ||||||
| 10 | (4) Section 1-215 of the Fish and Aquatic Life Code; | ||||||
| 11 | (5) Section 1.25 of the Wildlife Code; | ||||||
| 12 | (6) Section 17-10.6 of the Criminal Code of 2012 | ||||||
| 13 | (financial institution fraud); | ||||||
| 14 | (7) Section 28-5 of the Criminal Code of 2012 | ||||||
| 15 | (gambling); | ||||||
| 16 | (8) Article 29B of the Criminal Code of 2012 (money | ||||||
| 17 | laundering); | ||||||
| 18 | (9) Article 33G of the Criminal Code of 2012 (Illinois | ||||||
| 19 | Street Gang and Racketeer Influenced And Corrupt | ||||||
| 20 | Organizations Law); | ||||||
| 21 | (10) Article 36 of the Criminal Code of 2012 (seizure | ||||||
| 22 | and forfeiture of vessels, vehicles, and aircraft); | ||||||
| 23 | (11) Section 47-15 of the Criminal Code of 2012 | ||||||
| 24 | (dumping garbage upon real property); | ||||||
| |||||||
| |||||||
| 1 | (12) Article 124B of the Code of Criminal Procedure of | ||||||
| 2 | 1963 procedure (forfeiture); | ||||||
| 3 | (13) the Drug Asset Forfeiture Procedure Act; | ||||||
| 4 | (14) the Narcotics Profit Forfeiture Act; | ||||||
| 5 | (15) the Illinois Streetgang Terrorism Omnibus | ||||||
| 6 | Prevention Act; and | ||||||
| 7 | (16) the Illinois Securities Law of 1953.
| ||||||
| 8 | (Source: P.A. 100-512, eff. 7-1-18; revised 9-9-19.)
| ||||||
| 9 | Section 50. The Gun Trafficking Information Act is amended | ||||||
| 10 | by changing Section 10-1 as follows:
| ||||||
| 11 | (5 ILCS 830/10-1)
| ||||||
| 12 | Sec. 10-1. Short title. This Article 10 5 may be cited as | ||||||
| 13 | the Gun Trafficking Information Act. References in this Article | ||||||
| 14 | to "this Act" mean this Article.
| ||||||
| 15 | (Source: P.A. 100-1178, eff. 1-18-19; revised 7-17-19.)
| ||||||
| 16 | Section 55. The Election Code is amended by changing | ||||||
| 17 | Sections 1A-3, 1A-45, 2A-1.2, 6-50.2, 6A-3, and 9-15 as | ||||||
| 18 | follows:
| ||||||
| 19 | (10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
| ||||||
| 20 | Sec. 1A-3.
Subject to the confirmation requirements of | ||||||
| 21 | Section 1A-4, 4
members of the State Board of Elections shall | ||||||
| 22 | be appointed in each odd-numbered
year as follows:
| ||||||
| |||||||
| |||||||
| 1 | (1) The Governor shall appoint 2 members of the same | ||||||
| 2 | political party with
which he is affiliated, one from each | ||||||
| 3 | area of required residence.
| ||||||
| 4 | (2) The Governor shall appoint 2 members of the | ||||||
| 5 | political party whose
candidate for Governor in the most | ||||||
| 6 | recent general election received the
second highest number | ||||||
| 7 | of votes, one from each area of required residence,
from a | ||||||
| 8 | list of nominees submitted by the first state executive | ||||||
| 9 | officer in
the order indicated herein affiliated with such | ||||||
| 10 | political party: Attorney
General, Secretary of State, | ||||||
| 11 | Comptroller, and Treasurer.
If none of the State executive | ||||||
| 12 | officers listed herein is affiliated with
such political | ||||||
| 13 | party, the nominating State officer shall be the first | ||||||
| 14 | State
executive officer in the order indicated herein | ||||||
| 15 | affiliated with an
established political party other than | ||||||
| 16 | that of the Governor.
| ||||||
| 17 | (3) The nominating state officer shall submit in | ||||||
| 18 | writing to the Governor
3 names of qualified persons for | ||||||
| 19 | each membership on the State Board of Elections Election to | ||||||
| 20 | be
appointed from the political party of that officer. The | ||||||
| 21 | Governor may reject
any or all of the nominees on any such | ||||||
| 22 | list and may request an additional
list. The second list | ||||||
| 23 | shall be submitted by the nominating officer and
shall | ||||||
| 24 | contain 3 new names of qualified persons for each remaining | ||||||
| 25 | appointment,
except that if the Governor expressly | ||||||
| 26 | reserves any nominee's name from the
first list, that | ||||||
| |||||||
| |||||||
| 1 | nominee shall not be replaced on the second list. The
| ||||||
| 2 | second list shall be final.
| ||||||
| 3 | (4) Whenever all the state executive officers | ||||||
| 4 | designated in paragraph
(2) are affiliated with the same | ||||||
| 5 | political party as that of the Governor,
all 4 members of | ||||||
| 6 | the Board to be appointed that year, from both designated
| ||||||
| 7 | political parties, shall be appointed by the Governor | ||||||
| 8 | without nominations.
| ||||||
| 9 | (5) The Governor shall submit in writing to the | ||||||
| 10 | President of the Senate
the name of each person appointed | ||||||
| 11 | to the State Board of Elections, and shall
designate the | ||||||
| 12 | term for which the appointment is made and the name of the
| ||||||
| 13 | member whom the appointee is to succeed.
| ||||||
| 14 | (6) The appointments shall be made and submitted by the | ||||||
| 15 | Governor no later
than April 1 and a nominating state | ||||||
| 16 | officer required to submit a list of
nominees to the | ||||||
| 17 | Governor pursuant to paragraph (3) shall submit a list no
| ||||||
| 18 | later than March 1. For appointments occurring in 2019, the | ||||||
| 19 | appointments shall be made and submitted by the Governor no | ||||||
| 20 | later than May 15.
| ||||||
| 21 | (7) In the appointment of the initial members of the | ||||||
| 22 | Board pursuant to
this amendatory Act of 1978, the | ||||||
| 23 | provisions of paragraphs (1), (2), (3),
(5), and (6) of | ||||||
| 24 | this Section shall apply except that the Governor shall | ||||||
| 25 | appoint
all 8 members, 2 from each of the designated | ||||||
| 26 | political parties from each
area of required residence.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-5, eff. 5-15-19; revised 9-9-19.)
| ||||||
| 2 | (10 ILCS 5/1A-45) | ||||||
| 3 | Sec. 1A-45. Electronic Registration Information Center. | ||||||
| 4 | (a) The State Board of Elections shall enter into an | ||||||
| 5 | agreement with the Electronic Registration Information Center | ||||||
| 6 | effective no later than January 1, 2016, for the purpose of | ||||||
| 7 | maintaining a statewide voter registration database. The State | ||||||
| 8 | Board of Elections shall comply with the requirements of the | ||||||
| 9 | Electronic Registration Information Center Membership | ||||||
| 10 | Agreement. The State Board of Elections shall require a term in | ||||||
| 11 | the Electronic Registration Information Center Membership | ||||||
| 12 | Agreement that requires the State to share identification | ||||||
| 13 | records contained in the Secretary of State's Driver Services | ||||||
| 14 | Department and Vehicle Services Department, the Department of | ||||||
| 15 | Human Services, the Department of Healthcare and Family | ||||||
| 16 | Services, the Department on of Aging, and the Department of | ||||||
| 17 | Employment Security databases (excluding those fields | ||||||
| 18 | unrelated to voter eligibility, such as income or health | ||||||
| 19 | information). | ||||||
| 20 | (b) The Secretary of State and the State Board of Elections | ||||||
| 21 | shall enter into an agreement to permit the Secretary of State | ||||||
| 22 | to provide the State Board of Elections with any information | ||||||
| 23 | required for compliance with the Electronic Registration | ||||||
| 24 | Information Center Membership Agreement. The Secretary of | ||||||
| 25 | State shall deliver this information as frequently as necessary | ||||||
| |||||||
| |||||||
| 1 | for the State Board of Elections to comply with the Electronic | ||||||
| 2 | Registration Information Center Membership Agreement. | ||||||
| 3 | (b-5) The State Board of Elections and the Department of | ||||||
| 4 | Human Services, the Department of Healthcare and Family | ||||||
| 5 | Services, the Department on Aging, and the Department of | ||||||
| 6 | Employment Security shall enter into an agreement to require | ||||||
| 7 | each department to provide the State Board of Elections with | ||||||
| 8 | any information necessary to transmit member data under the | ||||||
| 9 | Electronic Registration Information Center Membership | ||||||
| 10 | Agreement. The director or secretary, as applicable, of each | ||||||
| 11 | agency shall deliver this information on an annual basis to the | ||||||
| 12 | State Board of Elections pursuant to the agreement between the | ||||||
| 13 | entities. | ||||||
| 14 | (c) Any communication required to be delivered to a | ||||||
| 15 | registrant or potential registrant pursuant to the Electronic | ||||||
| 16 | Registration Information Center Membership Agreement shall | ||||||
| 17 | include at least the following message: | ||||||
| 18 | "Our records show people at this address may not be | ||||||
| 19 | registered to vote at this address, but you may be eligible | ||||||
| 20 | to register to vote or re-register to vote at this address. | ||||||
| 21 | If you are a U.S. Citizen, a resident of Illinois, and will | ||||||
| 22 | be 18 years old or older before the next general election | ||||||
| 23 | in November, you are qualified to vote. | ||||||
| 24 | We invite you to check your registration online at | ||||||
| 25 | (enter URL) or register to vote online at (enter URL), by | ||||||
| 26 | requesting a mail-in voter registration form by (enter | ||||||
| |||||||
| |||||||
| 1 | instructions for requesting a mail-in voter registration | ||||||
| 2 | form), or visiting the (name of election authority) office | ||||||
| 3 | at (address of election authority)." | ||||||
| 4 | The words "register to vote online at (enter URL)" shall be | ||||||
| 5 | bolded and of a distinct nature from the other words in the | ||||||
| 6 | message required by this subsection (c). | ||||||
| 7 | (d) Any communication required to be delivered to a | ||||||
| 8 | potential registrant that has been identified by the Electronic | ||||||
| 9 | Registration Information Center as eligible to vote but who is | ||||||
| 10 | not registered to vote in Illinois shall be prepared and | ||||||
| 11 | disseminated at the direction of the State Board of Elections. | ||||||
| 12 | All other communications with potential registrants or | ||||||
| 13 | re-registrants pursuant to the Electronic Registration | ||||||
| 14 | Information Center Membership Agreement shall be prepared and | ||||||
| 15 | disseminated at the direction of the appropriate election | ||||||
| 16 | authority. | ||||||
| 17 | (e) The Executive Director of the State Board of Elections | ||||||
| 18 | or his or her designee shall serve as the Member Representative | ||||||
| 19 | to the Electronic Registration Information Center. | ||||||
| 20 | (f) The State Board of Elections may adopt any rules | ||||||
| 21 | necessary to enforce this Section or comply with the Electronic | ||||||
| 22 | Registration Information Center Membership Agreement.
| ||||||
| 23 | (Source: P.A. 98-1171, eff. 6-1-15; revised 7-17-19.)
| ||||||
| 24 | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| ||||||
| 25 | Sec. 2A-1.2. Consolidated schedule of elections - offices | ||||||
| |||||||
| |||||||
| 1 | designated.
| ||||||
| 2 | (a) At the general election in the appropriate | ||||||
| 3 | even-numbered years, the
following offices shall be filled or | ||||||
| 4 | shall be on the ballot as otherwise
required by this Code:
| ||||||
| 5 | (1) Elector of President and Vice President of the | ||||||
| 6 | United States;
| ||||||
| 7 | (2) United States Senator and United States | ||||||
| 8 | Representative;
| ||||||
| 9 | (3) State Executive Branch elected officers;
| ||||||
| 10 | (4) State Senator and State Representative;
| ||||||
| 11 | (5) County elected officers, including State's | ||||||
| 12 | Attorney, County Board
member, County Commissioners, and | ||||||
| 13 | elected President of the County Board or
County Chief | ||||||
| 14 | Executive;
| ||||||
| 15 | (6) Circuit Court Clerk;
| ||||||
| 16 | (7) Regional Superintendent of Schools, except in | ||||||
| 17 | counties or
educational service regions in which that | ||||||
| 18 | office has been abolished;
| ||||||
| 19 | (8) Judges of the Supreme, Appellate and Circuit | ||||||
| 20 | Courts, on the question
of retention, to fill vacancies and | ||||||
| 21 | newly created judicial offices;
| ||||||
| 22 | (9) (Blank);
| ||||||
| 23 | (10) Trustee of the Metropolitan Water Reclamation | ||||||
| 24 | Sanitary District of Greater Chicago, and elected
Trustee | ||||||
| 25 | of other Sanitary Districts;
| ||||||
| 26 | (11) Special District elected officers, not otherwise | ||||||
| |||||||
| |||||||
| 1 | designated in this
Section, where the statute creating or | ||||||
| 2 | authorizing the creation of
the district requires an annual | ||||||
| 3 | election and permits or requires election
of candidates of | ||||||
| 4 | political parties.
| ||||||
| 5 | (b) At the general primary election:
| ||||||
| 6 | (1) in each even-numbered year candidates of political | ||||||
| 7 | parties shall be
nominated for those offices to be filled | ||||||
| 8 | at the general election in that
year, except where pursuant | ||||||
| 9 | to law nomination of candidates of political
parties is | ||||||
| 10 | made by caucus.
| ||||||
| 11 | (2) in the appropriate even-numbered years the | ||||||
| 12 | political party offices of
State central committeeperson, | ||||||
| 13 | township committeeperson, ward committeeperson, and
| ||||||
| 14 | precinct committeeperson shall be filled and delegates and | ||||||
| 15 | alternate delegates
to the National nominating conventions | ||||||
| 16 | shall be elected as may be required
pursuant to this Code. | ||||||
| 17 | In the even-numbered years in which a Presidential
election | ||||||
| 18 | is to be held, candidates in the Presidential preference | ||||||
| 19 | primary
shall also be on the ballot.
| ||||||
| 20 | (3) in each even-numbered year, where the municipality | ||||||
| 21 | has provided for
annual elections to elect municipal | ||||||
| 22 | officers pursuant to Section 6(f) or
Section 7 of Article | ||||||
| 23 | VII of the Constitution, pursuant to the Illinois
Municipal | ||||||
| 24 | Code or pursuant to the municipal charter, the offices of | ||||||
| 25 | such
municipal officers shall be filled at an election held | ||||||
| 26 | on the date of the
general primary election, provided that | ||||||
| |||||||
| |||||||
| 1 | the municipal election shall be a
nonpartisan election | ||||||
| 2 | where required by the Illinois Municipal Code. For
partisan | ||||||
| 3 | municipal elections in even-numbered years, a primary to | ||||||
| 4 | nominate
candidates for municipal office to be elected at | ||||||
| 5 | the general primary
election shall be held on the Tuesday 6 | ||||||
| 6 | weeks preceding that election.
| ||||||
| 7 | (4) in each school district which has adopted the | ||||||
| 8 | provisions of
Article 33 of the School Code, successors to | ||||||
| 9 | the members of the board
of education whose terms expire in | ||||||
| 10 | the year in which the general primary is
held shall be | ||||||
| 11 | elected.
| ||||||
| 12 | (c) At the consolidated election in the appropriate | ||||||
| 13 | odd-numbered years,
the following offices shall be filled:
| ||||||
| 14 | (1) Municipal officers, provided that in | ||||||
| 15 | municipalities in which
candidates for alderman or other | ||||||
| 16 | municipal office are not permitted by law
to be candidates | ||||||
| 17 | of political parties, the runoff election where required
by | ||||||
| 18 | law, or the nonpartisan election where required by law, | ||||||
| 19 | shall be held on
the date of the consolidated election; and | ||||||
| 20 | provided further, in the case of
municipal officers | ||||||
| 21 | provided for by an ordinance providing the form of
| ||||||
| 22 | government of the municipality pursuant to Section 7 of | ||||||
| 23 | Article VII of the
Constitution, such offices shall be | ||||||
| 24 | filled by election or by runoff
election as may be provided | ||||||
| 25 | by such ordinance;
| ||||||
| 26 | (2) Village and incorporated town library directors;
| ||||||
| |||||||
| |||||||
| 1 | (3) City boards of stadium commissioners;
| ||||||
| 2 | (4) Commissioners of park districts;
| ||||||
| 3 | (5) Trustees of public library districts;
| ||||||
| 4 | (6) Special District elected officers, not otherwise | ||||||
| 5 | designated in this
Section, where the statute creating or | ||||||
| 6 | authorizing the creation of the district
permits or | ||||||
| 7 | requires election of candidates of political parties;
| ||||||
| 8 | (7) Township officers, including township park | ||||||
| 9 | commissioners, township
library directors, and boards of | ||||||
| 10 | managers of community buildings, and
Multi-Township | ||||||
| 11 | Assessors;
| ||||||
| 12 | (8) Highway commissioners and road district clerks;
| ||||||
| 13 | (9) Members of school boards in school districts which | ||||||
| 14 | adopt Article 33
of the School Code;
| ||||||
| 15 | (10) The directors and chair of the Chain O Lakes - Fox | ||||||
| 16 | River Waterway
Management Agency;
| ||||||
| 17 | (11) Forest preserve district commissioners elected | ||||||
| 18 | under Section 3.5 of
the Downstate Forest Preserve District | ||||||
| 19 | Act;
| ||||||
| 20 | (12) Elected members of school boards, school | ||||||
| 21 | trustees, directors of
boards of school directors, | ||||||
| 22 | trustees of county boards of school trustees
(except in | ||||||
| 23 | counties or educational service regions having a | ||||||
| 24 | population
of 2,000,000 or more inhabitants) and members of | ||||||
| 25 | boards of school inspectors,
except school boards in school
| ||||||
| 26 | districts that adopt Article 33 of the School Code;
| ||||||
| |||||||
| |||||||
| 1 | (13) Members of Community College district boards;
| ||||||
| 2 | (14) Trustees of Fire Protection Districts;
| ||||||
| 3 | (15) Commissioners of the Springfield Metropolitan | ||||||
| 4 | Exposition and
Auditorium
Authority;
| ||||||
| 5 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
| 6 | Districts;
| ||||||
| 7 | (17) Elected Officers of special districts not | ||||||
| 8 | otherwise designated in
this Section for which the law | ||||||
| 9 | governing those districts does not permit
candidates of | ||||||
| 10 | political parties.
| ||||||
| 11 | (d) At the consolidated primary election in each | ||||||
| 12 | odd-numbered year,
candidates of political parties shall be | ||||||
| 13 | nominated for those offices to be
filled at the consolidated | ||||||
| 14 | election in that year, except where pursuant to
law nomination | ||||||
| 15 | of candidates of political parties is made by caucus, and
| ||||||
| 16 | except those offices listed in paragraphs (12) through (17) of | ||||||
| 17 | subsection
(c).
| ||||||
| 18 | At the consolidated primary election in the appropriate | ||||||
| 19 | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||||||
| 20 | shall be elected in
municipalities in which
candidates for | ||||||
| 21 | mayor, clerk, treasurer, or alderman are not permitted by
law | ||||||
| 22 | to be candidates
of political parties, subject to runoff | ||||||
| 23 | elections to be held at the
consolidated election as may be | ||||||
| 24 | required
by law, and municipal officers shall be nominated in a | ||||||
| 25 | nonpartisan election
in municipalities in which pursuant to law | ||||||
| 26 | candidates for such office are
not permitted to be candidates | ||||||
| |||||||
| |||||||
| 1 | of political parties.
| ||||||
| 2 | At the consolidated primary election in the appropriate | ||||||
| 3 | odd-numbered years,
municipal officers shall be nominated or | ||||||
| 4 | elected, or elected subject to
a runoff, as may be provided by | ||||||
| 5 | an ordinance providing a form of government
of the municipality | ||||||
| 6 | pursuant to Section 7 of Article VII of the Constitution.
| ||||||
| 7 | (e) (Blank).
| ||||||
| 8 | (f) At any election established in Section 2A-1.1, public | ||||||
| 9 | questions may
be submitted to voters pursuant to this Code and | ||||||
| 10 | any special election
otherwise required or authorized by law or | ||||||
| 11 | by court order may be conducted
pursuant to this Code.
| ||||||
| 12 | Notwithstanding the regular dates for election of officers | ||||||
| 13 | established
in this Article, whenever a referendum is held for | ||||||
| 14 | the establishment of
a political subdivision whose officers are | ||||||
| 15 | to be elected, the initial officers
shall be elected at the | ||||||
| 16 | election at which such referendum is held if otherwise
so | ||||||
| 17 | provided by law. In such cases, the election of the initial | ||||||
| 18 | officers
shall be subject to the referendum.
| ||||||
| 19 | Notwithstanding the regular dates for election of | ||||||
| 20 | officials established
in this Article, any community college | ||||||
| 21 | district which becomes effective by
operation of law pursuant | ||||||
| 22 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
| 23 | hereafter amended, shall elect the initial district board
| ||||||
| 24 | members at the next regularly scheduled election following the | ||||||
| 25 | effective
date of the new district.
| ||||||
| 26 | (g) At any election established in Section 2A-1.1, if in | ||||||
| |||||||
| |||||||
| 1 | any precinct
there are no offices or public questions required | ||||||
| 2 | to be on the ballot under
this Code then no election shall be | ||||||
| 3 | held in the precinct on that date.
| ||||||
| 4 | (h) There may be conducted a
referendum in accordance with | ||||||
| 5 | the provisions of Division 6-4 of the
Counties Code.
| ||||||
| 6 | (Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
| ||||||
| 7 | (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
| ||||||
| 8 | Sec. 6-50.2. (a) The board of election commissioners shall | ||||||
| 9 | appoint all
precinct committeepersons in the election | ||||||
| 10 | jurisdiction as deputy registrars
who may accept the | ||||||
| 11 | registration of any qualified resident of the State, except | ||||||
| 12 | during the 27 days preceding an election.
| ||||||
| 13 | The board of election commissioners shall appoint each of | ||||||
| 14 | the following
named persons as deputy registrars upon the | ||||||
| 15 | written request of such persons:
| ||||||
| 16 | 1. The chief librarian, or a qualified person | ||||||
| 17 | designated by the chief
librarian, of any public library | ||||||
| 18 | situated within the election jurisdiction,
who may accept | ||||||
| 19 | the registrations of any qualified resident of the State, | ||||||
| 20 | at such library.
| ||||||
| 21 | 2. The principal, or a qualified person designated by | ||||||
| 22 | the principal, of
any high school, elementary school, or | ||||||
| 23 | vocational school situated
within the election | ||||||
| 24 | jurisdiction, who may accept the registrations of any
| ||||||
| 25 | resident of the State, at such school. The board of | ||||||
| |||||||
| |||||||
| 1 | election
commissioners shall notify every principal and | ||||||
| 2 | vice-principal of each high
school, elementary school, and | ||||||
| 3 | vocational school situated in the election
jurisdiction of | ||||||
| 4 | their eligibility to serve as deputy registrars and offer
| ||||||
| 5 | training courses for service as deputy registrars at | ||||||
| 6 | conveniently located
facilities at least 4 months prior to | ||||||
| 7 | every election.
| ||||||
| 8 | 3. The president, or a qualified person designated by | ||||||
| 9 | the president, of
any university, college, community | ||||||
| 10 | college, academy, or other institution
of learning | ||||||
| 11 | situated within the State, who may accept the
registrations | ||||||
| 12 | of any resident of the election jurisdiction, at such | ||||||
| 13 | university,
college, community college, academy, or | ||||||
| 14 | institution.
| ||||||
| 15 | 4. A duly elected or appointed official of a bona fide | ||||||
| 16 | labor
organization, or a reasonable number of qualified | ||||||
| 17 | members designated
by such official, who may accept the | ||||||
| 18 | registrations of any qualified
resident of the State.
| ||||||
| 19 | 5. A duly elected or appointed official of a bona fide | ||||||
| 20 | State civic
organization, as defined and determined by rule | ||||||
| 21 | of the State Board of
Elections, or qualified members | ||||||
| 22 | designated by such official, who may accept
the | ||||||
| 23 | registration of any qualified resident of the State.
In | ||||||
| 24 | determining the number of deputy registrars that shall be | ||||||
| 25 | appointed,
the board of election commissioners shall | ||||||
| 26 | consider the population of the
jurisdiction, the size of | ||||||
| |||||||
| |||||||
| 1 | the organization, the geographic size of the
jurisdiction, | ||||||
| 2 | convenience for the public, the existing number of deputy
| ||||||
| 3 | registrars in the jurisdiction and their location, the | ||||||
| 4 | registration
activities of the organization and the need to | ||||||
| 5 | appoint deputy registrars to
assist and facilitate the | ||||||
| 6 | registration of non-English speaking individuals.
In no | ||||||
| 7 | event shall a board of election commissioners fix an | ||||||
| 8 | arbitrary
number applicable to every civic organization | ||||||
| 9 | requesting appointment of its
members as deputy | ||||||
| 10 | registrars. The State Board of Elections shall by rule
| ||||||
| 11 | provide for certification of bona fide State civic | ||||||
| 12 | organizations. Such
appointments shall be made for a period | ||||||
| 13 | not to exceed 2 years, terminating
on the first business | ||||||
| 14 | day of the month following the month of the general
| ||||||
| 15 | election, and shall be valid for all periods of voter | ||||||
| 16 | registration as
provided by this Code during the terms of | ||||||
| 17 | such appointments.
| ||||||
| 18 | 6.
The Director of Healthcare and Family Services, or a
| ||||||
| 19 | reasonable number of employees designated by the Director | ||||||
| 20 | and located at
public aid offices, who may accept the | ||||||
| 21 | registration of any qualified
resident of the election | ||||||
| 22 | jurisdiction at any such public aid office.
| ||||||
| 23 | 7.
The Director of the Illinois Department of | ||||||
| 24 | Employment Security, or a
reasonable number of employees | ||||||
| 25 | designated by the Director and located at
unemployment | ||||||
| 26 | offices, who may accept the registration of any qualified
| ||||||
| |||||||
| |||||||
| 1 | resident of the election jurisdiction at any such | ||||||
| 2 | unemployment office.
If the request to be appointed as | ||||||
| 3 | deputy registrar is denied, the board
of election | ||||||
| 4 | commissioners shall, within 10 days after the date the | ||||||
| 5 | request
is submitted, provide the affected individual or | ||||||
| 6 | organization with written
notice setting forth the | ||||||
| 7 | specific reasons or criteria relied upon to deny
the | ||||||
| 8 | request to be appointed as deputy registrar.
| ||||||
| 9 | 8. The president of any corporation, as defined by the | ||||||
| 10 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
| 11 | employees designated by
such president, who may accept the | ||||||
| 12 | registrations of any qualified resident
of the State.
| ||||||
| 13 | The board of election commissioners may appoint as many | ||||||
| 14 | additional deputy
registrars as it considers necessary. The | ||||||
| 15 | board of election commissioners
shall appoint such additional | ||||||
| 16 | deputy registrars in such manner that the
convenience of the | ||||||
| 17 | public is served, giving due consideration to both
population | ||||||
| 18 | concentration and area. Some of the additional deputy
| ||||||
| 19 | registrars shall be selected so that there are an equal number | ||||||
| 20 | from
each of the 2 major political parties in the election | ||||||
| 21 | jurisdiction. The
board of election commissioners, in | ||||||
| 22 | appointing an additional deputy registrar,
shall make the | ||||||
| 23 | appointment from a list of applicants submitted by the Chair
of | ||||||
| 24 | the County Central Committee of the applicant's political | ||||||
| 25 | party. A Chair
of a County Central Committee shall submit a | ||||||
| 26 | list of applicants to the board
by November 30 of each year. | ||||||
| |||||||
| |||||||
| 1 | The board may require a Chair of a County
Central Committee to | ||||||
| 2 | furnish a supplemental list of applicants.
| ||||||
| 3 | Deputy registrars may accept registrations at any time | ||||||
| 4 | other than the 27-day 27
day period preceding an election. All | ||||||
| 5 | persons appointed as deputy
registrars shall be registered | ||||||
| 6 | voters within the election jurisdiction and
shall take and | ||||||
| 7 | subscribe to the following oath or affirmation:
| ||||||
| 8 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
| 9 | will support
the Constitution of the United States, and the | ||||||
| 10 | Constitution of the State
of Illinois, and that I will | ||||||
| 11 | faithfully discharge the duties of the office
of registration | ||||||
| 12 | officer to the best of my ability and that I will register
no | ||||||
| 13 | person nor cause the registration of any person except upon his | ||||||
| 14 | personal
application before me.
| ||||||
| 15 | ....................................
| ||||||
| 16 | (Signature of Registration Officer)"
| ||||||
| 17 | This oath shall be administered and certified to by one of | ||||||
| 18 | the commissioners
or by the executive director or by some | ||||||
| 19 | person designated by the board of
election commissioners, and | ||||||
| 20 | shall immediately thereafter be filed with the
board of | ||||||
| 21 | election commissioners. The members of the board of election
| ||||||
| 22 | commissioners and all persons authorized by them under the | ||||||
| 23 | provisions of
this Article to take registrations, after | ||||||
| 24 | themselves taking and subscribing
to the above oath, are | ||||||
| 25 | authorized to take or administer such oaths and
execute such | ||||||
| 26 | affidavits as are required by this Article.
| ||||||
| |||||||
| |||||||
| 1 | Appointments of deputy registrars under this Section, | ||||||
| 2 | except precinct committeepersons, shall be for 2-year terms, | ||||||
| 3 | commencing on December 1 following
the general election of each | ||||||
| 4 | even-numbered year, except that the terms of
the initial | ||||||
| 5 | appointments shall be until December 1st following the next
| ||||||
| 6 | general election. Appointments of precinct committeepersons | ||||||
| 7 | shall be for 2-year
terms commencing on the date of the county | ||||||
| 8 | convention following the general
primary at which they were | ||||||
| 9 | elected. The county clerk shall issue a
certificate of | ||||||
| 10 | appointment to each deputy registrar, and shall maintain in
his | ||||||
| 11 | office for public inspection a list of the names of all | ||||||
| 12 | appointees.
| ||||||
| 13 | (b) The board of election commissioners shall be | ||||||
| 14 | responsible for training
all deputy registrars appointed | ||||||
| 15 | pursuant to subsection (a), at times and
locations reasonably | ||||||
| 16 | convenient for both the board of election commissioners
and | ||||||
| 17 | such appointees. The board of election commissioners shall be | ||||||
| 18 | responsible
for certifying and supervising all deputy | ||||||
| 19 | registrars appointed pursuant
to subsection (a). Deputy | ||||||
| 20 | registrars appointed under subsection (a) shall
be subject to | ||||||
| 21 | removal for cause.
| ||||||
| 22 | (c)
Completed registration materials under the control of | ||||||
| 23 | deputy
registrars appointed pursuant to subsection (a) shall be | ||||||
| 24 | returned to the
appointing election authority by first-class | ||||||
| 25 | mail within 2 business days or personal delivery within 7 days, | ||||||
| 26 | except that completed registration
materials received by the | ||||||
| |||||||
| |||||||
| 1 | deputy registrars during the period between the
35th and 28th | ||||||
| 2 | day preceding an election shall be returned by the
deputy
| ||||||
| 3 | registrars to the appointing election authority within 48 hours | ||||||
| 4 | after receipt
thereof. The completed registration materials | ||||||
| 5 | received by the deputy
registrars on the 28th day preceding an | ||||||
| 6 | election shall be returned
by the
deputy registrars within 24 | ||||||
| 7 | hours after receipt thereof. Unused materials
shall be returned | ||||||
| 8 | by deputy registrars appointed pursuant to paragraph 4 of
| ||||||
| 9 | subsection (a), not later than the next working day following | ||||||
| 10 | the close of
registration.
| ||||||
| 11 | (d) The county clerk or board of election commissioners, as | ||||||
| 12 | the case may
be, must provide any additional forms requested by | ||||||
| 13 | any deputy registrar
regardless of the number of unaccounted | ||||||
| 14 | registration forms the deputy registrar
may have in his or her | ||||||
| 15 | possession.
| ||||||
| 16 | (e) No deputy registrar shall engage in any electioneering | ||||||
| 17 | or the promotion
of any cause during the performance of his or | ||||||
| 18 | her duties.
| ||||||
| 19 | (f) The board of election commissioners shall not be | ||||||
| 20 | criminally or
civilly liable for the acts or omissions of any | ||||||
| 21 | deputy registrar. Such
deputy registrars shall not be deemed to | ||||||
| 22 | be employees of the board of
election commissioners.
| ||||||
| 23 | (g) Completed registration materials returned by deputy | ||||||
| 24 | registrars for persons residing outside the election | ||||||
| 25 | jurisdiction shall be transmitted by the board of election | ||||||
| 26 | commissioners within 2 days after receipt to the election | ||||||
| |||||||
| |||||||
| 1 | authority of the person's election jurisdiction of residence.
| ||||||
| 2 | (Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
| ||||||
| 3 | (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
| ||||||
| 4 | Sec. 6A-3. Commissioners; filling vacancies. | ||||||
| 5 | (a) If the county board adopts an ordinance providing for | ||||||
| 6 | the
establishment of a county board of election commissioners, | ||||||
| 7 | or if a
majority of the votes cast on a proposition submitted | ||||||
| 8 | in accordance with
Section 6A-2(a) are in favor of a county | ||||||
| 9 | board of election commissioners, a
county board of election | ||||||
| 10 | commissioners shall be appointed in the same
manner as is | ||||||
| 11 | provided in Article 6 for boards of election commissioners
in | ||||||
| 12 | cities, villages and incorporated towns, except that the county | ||||||
| 13 | board of
election commissioners shall be appointed by the chair | ||||||
| 14 | of the county board
rather than the circuit court. However, | ||||||
| 15 | before any
appointments are made, the appointing authority | ||||||
| 16 | shall ascertain whether
the county clerk desires to be a member | ||||||
| 17 | of the county board of election
commissioners. If the county | ||||||
| 18 | clerk so
desires, he shall be one of the
members of the county | ||||||
| 19 | board of election commissioners, and the
appointing authority | ||||||
| 20 | shall appoint only 2 other members.
| ||||||
| 21 | (b) For any county board of election commissioners | ||||||
| 22 | established under subsection (b) of Section 6A-1, within 30 | ||||||
| 23 | days after July 29, 2013 (the effective date of Public Act | ||||||
| 24 | 98-115) this amendatory Act of the 98th General Assembly, the | ||||||
| 25 | chief judge of the circuit court of the county shall appoint 5 | ||||||
| |||||||
| |||||||
| 1 | commissioners. At least 4 of those commissioners shall be | ||||||
| 2 | selected from the 2 major established political parties of the | ||||||
| 3 | State, with at least 2 from each of those parties. Such | ||||||
| 4 | appointment shall be entered of record in the office of the | ||||||
| 5 | County Clerk and the State Board of Elections. Those first | ||||||
| 6 | appointed shall hold their offices for the period of one, 2, | ||||||
| 7 | and 3 years respectively, and the judge appointing them shall | ||||||
| 8 | designate the term for which each commissioner shall hold his | ||||||
| 9 | or her office, whether for one, 2 or 3 years except that no | ||||||
| 10 | more than one commissioner from each major established | ||||||
| 11 | political party may be designated the same term. After the | ||||||
| 12 | initial term, each commissioner or his or her successor shall | ||||||
| 13 | be appointed to a 3-year 3 year term. No elected official or | ||||||
| 14 | former elected official who has been out of elected office for | ||||||
| 15 | less than 2 years may be appointed to the board. Vacancies | ||||||
| 16 | shall be filled by the chief judge of the circuit court within | ||||||
| 17 | 30 days of the vacancy in a manner that maintains the foregoing | ||||||
| 18 | political party representation. | ||||||
| 19 | (c) For any county board of election commissioners | ||||||
| 20 | established under subsection (c) of Section 6A-1, within 30 | ||||||
| 21 | days after the conclusion of the election at which the | ||||||
| 22 | proposition to establish a county board of election | ||||||
| 23 | commissioners is approved by the voters, the municipal board | ||||||
| 24 | shall apply to the circuit court of the county for the chief | ||||||
| 25 | judge of the circuit court to appoint 2 additional | ||||||
| 26 | commissioners, one of whom shall be from each major established | ||||||
| |||||||
| |||||||
| 1 | political party and neither of whom shall reside within the | ||||||
| 2 | limits of the municipal board, so that 3 commissioners shall | ||||||
| 3 | reside within the limits of the municipal board and 2 shall | ||||||
| 4 | reside within the county but not within the municipality, as it | ||||||
| 5 | may exist from time to time. Not more than 3 of the | ||||||
| 6 | commissioners shall be members of the same major established | ||||||
| 7 | political party. Vacancies shall be filled by the chief judge | ||||||
| 8 | of the circuit court upon application of the remaining | ||||||
| 9 | commissioners in a manner that maintains the foregoing | ||||||
| 10 | geographical and political party representation. | ||||||
| 11 | (Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
| ||||||
| 12 | (10 ILCS 5/9-15) (from Ch. 46, par. 9-15) | ||||||
| 13 | Sec. 9-15. It shall be the duty of the Board: - | ||||||
| 14 | (1) to develop prescribed forms for filing statements | ||||||
| 15 | of organization and required reports; | ||||||
| 16 | (2) to prepare, publish, and furnish to the appropriate | ||||||
| 17 | persons a manual of instructions setting forth recommended
| ||||||
| 18 | uniform methods of bookkeeping and reporting under this | ||||||
| 19 | Article; | ||||||
| 20 | (3) to prescribe suitable rules and regulations to | ||||||
| 21 | carry out the
provisions of this Article. Such rules and | ||||||
| 22 | regulations shall be published
and made available to the | ||||||
| 23 | public; | ||||||
| 24 | (4) to send by first class mail, after the general | ||||||
| 25 | primary election in
even numbered years, to the chair of | ||||||
| |||||||
| |||||||
| 1 | each regularly constituted
State central committee, county | ||||||
| 2 | central committee and, in counties with a
population of | ||||||
| 3 | more than 3,000,000, to the committeepersons of each | ||||||
| 4 | township and
ward organization of each political party | ||||||
| 5 | notice of their obligations under
this Article, along with | ||||||
| 6 | a form for filing the statement of organization; | ||||||
| 7 | (5) to promptly make all reports and statements filed | ||||||
| 8 | under this Article available for public inspection and | ||||||
| 9 | copying no later than 2 business days after their receipt | ||||||
| 10 | and to permit copying of any such report or statement at | ||||||
| 11 | the expense of the person requesting the copy; | ||||||
| 12 | (6) to develop a filing, coding, and cross-indexing | ||||||
| 13 | system consistent with the purposes of this Article; | ||||||
| 14 | (7) to compile and maintain a list of all statements or | ||||||
| 15 | parts of statements pertaining to each candidate; | ||||||
| 16 | (8) to prepare and publish such reports as the Board | ||||||
| 17 | may deem appropriate; | ||||||
| 18 | (9) to annually notify each political committee that | ||||||
| 19 | has filed a statement of organization with the Board of the | ||||||
| 20 | filing dates for each quarterly report, provided that such | ||||||
| 21 | notification shall be made by first-class mail unless the | ||||||
| 22 | political committee opts to receive notification | ||||||
| 23 | electronically via email; and | ||||||
| 24 | (10) to promptly send, by first class mail directed | ||||||
| 25 | only to the officers of a political committee, and by | ||||||
| 26 | certified mail to the address of the political committee, | ||||||
| |||||||
| |||||||
| 1 | written notice of any fine or penalty assessed or imposed | ||||||
| 2 | against the political committee under this Article. | ||||||
| 3 | (Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
| ||||||
| 4 | Section 60. The Illinois Identification Card Act is amended | ||||||
| 5 | by changing Sections 5 and 17 as follows:
| ||||||
| 6 | (15 ILCS 335/5) (from Ch. 124, par. 25)
| ||||||
| 7 | Sec. 5. Applications. | ||||||
| 8 | (a) Any natural person who is a resident of the
State of | ||||||
| 9 | Illinois may file an application for an identification card, or | ||||||
| 10 | for
the renewal thereof, in a manner prescribed by the | ||||||
| 11 | Secretary. Each original application
shall be completed by the | ||||||
| 12 | applicant in full and shall set forth the legal
name,
residence | ||||||
| 13 | address and zip code, social security number, birth date, sex | ||||||
| 14 | and
a brief
description of the applicant. The applicant shall | ||||||
| 15 | be photographed, unless the Secretary of State has provided by | ||||||
| 16 | rule for the issuance of identification cards without | ||||||
| 17 | photographs and the applicant is deemed eligible for an | ||||||
| 18 | identification card without a photograph under the terms and | ||||||
| 19 | conditions imposed by the Secretary of State, and he
or she | ||||||
| 20 | shall also submit any other information as the Secretary may | ||||||
| 21 | deem necessary
or such documentation as the Secretary may | ||||||
| 22 | require to determine the
identity of the applicant. In addition | ||||||
| 23 | to the residence address, the Secretary may allow the applicant | ||||||
| 24 | to provide a mailing address. If the applicant is a judicial | ||||||
| |||||||
| |||||||
| 1 | officer as defined in Section 1-10 of the Judicial Privacy Act | ||||||
| 2 | or a peace officer, the applicant may elect to have his or her | ||||||
| 3 | office or work address in lieu of the applicant's residence or | ||||||
| 4 | mailing address. An applicant for an Illinois Person with a | ||||||
| 5 | Disability Identification Card must
also submit with each | ||||||
| 6 | original or renewal application, on forms prescribed
by the | ||||||
| 7 | Secretary, such documentation as the Secretary may require,
| ||||||
| 8 | establishing that the applicant is a "person with a disability" | ||||||
| 9 | as defined in
Section 4A of this Act, and setting forth the | ||||||
| 10 | applicant's type and class of
disability as set forth in | ||||||
| 11 | Section 4A of this Act.
For the purposes of this subsection | ||||||
| 12 | (a), "peace officer" means any person who by virtue of his or | ||||||
| 13 | her office or public employment is vested by law with a duty to | ||||||
| 14 | maintain public order or to make arrests for a violation of any | ||||||
| 15 | penal statute of this State, whether that duty extends to all | ||||||
| 16 | violations or is limited to specific violations.
| ||||||
| 17 | (a-5) Upon the first issuance of a request for proposals | ||||||
| 18 | for a digital driver's license and identification card issuance | ||||||
| 19 | and facial recognition system issued after January 1, 2020 (the | ||||||
| 20 | effective date of Public Act 101-513) this amendatory Act of | ||||||
| 21 | the 101st General Assembly, and upon implementation of a new or | ||||||
| 22 | revised system procured pursuant to that request for proposals, | ||||||
| 23 | the Secretary shall permit applicants to choose between "male", | ||||||
| 24 | "female", or "non-binary" when designating the applicant's sex | ||||||
| 25 | on the identification card application form. The sex designated | ||||||
| 26 | by the applicant shall be displayed on the identification card | ||||||
| |||||||
| |||||||
| 1 | issued to the applicant. | ||||||
| 2 | (b) Beginning on or before July 1, 2015, for each original | ||||||
| 3 | or renewal identification card application under this Act, the | ||||||
| 4 | Secretary shall inquire as to whether the applicant is a | ||||||
| 5 | veteran for purposes of issuing an identification card with a | ||||||
| 6 | veteran designation under subsection (c-5) of Section 4 of this | ||||||
| 7 | Act. The acceptable forms of proof shall include, but are not | ||||||
| 8 | limited to, Department of Defense form DD-214, Department of | ||||||
| 9 | Defense form DD-256 for applicants who did not receive a form | ||||||
| 10 | DD-214 upon the completion of initial basic training, | ||||||
| 11 | Department of Defense form DD-2 (Retired), an identification | ||||||
| 12 | card issued under the federal Veterans Identification Card Act | ||||||
| 13 | of 2015, or a United States Department of Veterans Affairs | ||||||
| 14 | summary of benefits letter. If the document cannot be stamped, | ||||||
| 15 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
| 16 | certificate to the veteran to provide to the Secretary of | ||||||
| 17 | State. The Illinois Department of Veterans' Affairs shall | ||||||
| 18 | advise the Secretary as to what other forms of proof of a | ||||||
| 19 | person's status as a veteran are acceptable. | ||||||
| 20 | For each applicant who is issued an identification card | ||||||
| 21 | with a veteran designation, the Secretary shall provide the | ||||||
| 22 | Department of Veterans' Affairs with the applicant's name, | ||||||
| 23 | address, date of birth, gender, and such other demographic | ||||||
| 24 | information as agreed to by the Secretary and the Department. | ||||||
| 25 | The Department may take steps necessary to confirm the | ||||||
| 26 | applicant is a veteran. If after due diligence, including | ||||||
| |||||||
| |||||||
| 1 | writing to the applicant at the address provided by the | ||||||
| 2 | Secretary, the Department is unable to verify the applicant's | ||||||
| 3 | veteran status, the Department shall inform the Secretary, who | ||||||
| 4 | shall notify the applicant that he or she must confirm status | ||||||
| 5 | as a veteran, or the identification card will be cancelled. | ||||||
| 6 | For purposes of this subsection (b): | ||||||
| 7 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 8 | States, including a member of any reserve component or National | ||||||
| 9 | Guard unit. | ||||||
| 10 | "Veteran" means a person who has served in the armed forces | ||||||
| 11 | and was discharged or separated under honorable conditions. | ||||||
| 12 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
| 13 | Identification Cards and Illinois Person with a Disability | ||||||
| 14 | Identification Cards shall provide proof of lawful status in | ||||||
| 15 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
| 16 | Applicants who are unable to provide the Secretary with proof | ||||||
| 17 | of lawful status are ineligible for REAL ID compliant | ||||||
| 18 | identification cards under this Act. | ||||||
| 19 | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; | ||||||
| 20 | 100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff. | ||||||
| 21 | 8-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
| ||||||
| 22 | (15 ILCS 335/17) | ||||||
| 23 | Sec. 17. Invalidation of a standard Illinois | ||||||
| 24 | Identification Card or an Illinois Person with a Disability | ||||||
| 25 | Identification Card. (a) The Secretary of State may invalidate | ||||||
| |||||||
| |||||||
| 1 | a standard Illinois Identification Card or an Illinois Person | ||||||
| 2 | with a Disability Identification Card: | ||||||
| 3 | (1) when the holder voluntarily surrenders the | ||||||
| 4 | standard Illinois Identification Card or Illinois Person | ||||||
| 5 | with a Disability Identification Card and declares his or | ||||||
| 6 | her intention to do so in writing; | ||||||
| 7 | (2) upon the death of the holder; | ||||||
| 8 | (3) upon the refusal of the holder to correct or update | ||||||
| 9 | information contained on a standard Illinois | ||||||
| 10 | Identification Card or an Illinois Person with a Disability | ||||||
| 11 | Identification Card; and | ||||||
| 12 | (4) as the Secretary deems appropriate by | ||||||
| 13 | administrative rule.
| ||||||
| 14 | (Source: P.A. 101-185, eff. 1-1-20; revised 9-12-19.)
| ||||||
| 15 | Section 65. The State Comptroller Act is amended by | ||||||
| 16 | changing Sections 20 and 23.11 as follows:
| ||||||
| 17 | (15 ILCS 405/20) (from Ch. 15, par. 220)
| ||||||
| 18 | Sec. 20. Annual report. The Comptroller shall annually, as | ||||||
| 19 | soon as possible after the close
of the fiscal year but no | ||||||
| 20 | later than December 31, make available on the Comptroller's | ||||||
| 21 | website a report, showing the amount of
warrants drawn on the | ||||||
| 22 | treasury, on other funds held by the State
Treasurer and on any | ||||||
| 23 | public funds held by State agencies, during the
preceding | ||||||
| 24 | fiscal year, and stating, particularly, on what account they
| ||||||
| |||||||
| |||||||
| 1 | were drawn, and if drawn on the contingent fund, to whom and | ||||||
| 2 | for what
they were issued. He or she shall, also, at the same | ||||||
| 3 | time, report the amount of money received into
the treasury, | ||||||
| 4 | into other funds held by the State Treasurer and into any
other | ||||||
| 5 | funds held by State agencies during the preceding fiscal year, | ||||||
| 6 | and
also a general account of all the business of his office | ||||||
| 7 | during the
preceding fiscal year. The report shall also | ||||||
| 8 | summarize for the previous
fiscal year the information required | ||||||
| 9 | under Section 19.
| ||||||
| 10 | Within 60 days after the expiration of each calendar year, | ||||||
| 11 | the Comptroller
shall compile, from records maintained and | ||||||
| 12 | available in his
office, a list of all persons including those | ||||||
| 13 | employed in the Office of the Comptroller, who have been | ||||||
| 14 | employed by the State during the past
calendar year and paid | ||||||
| 15 | from funds in the hands of the State Treasurer.
| ||||||
| 16 | The list shall state in
alphabetical order the name of each | ||||||
| 17 | employee, the county in which he or she resides, the position, | ||||||
| 18 | and the
total salary paid to him or her during
the past | ||||||
| 19 | calendar year, rounded to the nearest hundred dollars dollar. | ||||||
| 20 | The list so compiled and
arranged shall be kept
on file in the | ||||||
| 21 | office of the Comptroller and be open to inspection by
the | ||||||
| 22 | public at all times.
| ||||||
| 23 | No person who utilizes the names obtained from this list | ||||||
| 24 | for solicitation
shall represent that such solicitation is | ||||||
| 25 | authorized by any officer or agency
of the State of Illinois. | ||||||
| 26 | Violation of this provision is a business offense
punishable by | ||||||
| |||||||
| |||||||
| 1 | a fine not to exceed $3,000.
| ||||||
| 2 | (Source: P.A. 100-253, eff. 1-1-18; 101-34, eff. 6-28-19; | ||||||
| 3 | 101-620, eff. 12-20-19; revised 1-6-20.)
| ||||||
| 4 | (15 ILCS 405/23.11) | ||||||
| 5 | Sec. 23.11. Illinois Bank On Initiative; Commission. | ||||||
| 6 | (a) The Illinois Bank On Initiative is created to increase | ||||||
| 7 | the use of Certified Financial Products and reduce reliance on | ||||||
| 8 | alternative financial products. | ||||||
| 9 | (b) The Illinois Bank On Initiative shall be administered | ||||||
| 10 | by the Comptroller, and he or she shall be responsible for | ||||||
| 11 | ongoing activities of the Initiative, including, but not | ||||||
| 12 | limited to, the following: | ||||||
| 13 | (1) authorizing financial products as Certified | ||||||
| 14 | Financial Products; | ||||||
| 15 | (2) maintaining on the Comptroller's website a list of | ||||||
| 16 | Certified Financial Products and associated financial | ||||||
| 17 | institutions; | ||||||
| 18 | (3) maintaining on the Comptroller's website the | ||||||
| 19 | minimum requirements of Certified Financial Products; and | ||||||
| 20 | (4) implementing an outreach strategy to facilitate | ||||||
| 21 | access to Certified Financial Products. | ||||||
| 22 | (c) The Illinois Bank On Initiative Commission is created, | ||||||
| 23 | and shall be chaired by the Comptroller, or his or her | ||||||
| 24 | designee, and consist of the following members appointed by the | ||||||
| 25 | Comptroller: (1) 4 local elected officials from geographically | ||||||
| |||||||
| |||||||
| 1 | diverse regions in this State, at least 2 of whom represent all | ||||||
| 2 | or part of a census tract with a median household income of | ||||||
| 3 | less than 150% of the federal poverty level; (2) 3 members | ||||||
| 4 | representing financial institutions, one of whom represents a | ||||||
| 5 | statewide banking association exclusively representing banks | ||||||
| 6 | with assets below $20,000,000,000, one of whom represents a | ||||||
| 7 | statewide banking association representing banks of all asset | ||||||
| 8 | sizes, and one of whom represents a statewide association | ||||||
| 9 | representing credit unions; (3) 4 members representing | ||||||
| 10 | community and social service groups; and (4) 2 federal or State | ||||||
| 11 | financial regulators. | ||||||
| 12 | Members of the Commission shall serve 4-year 4 year terms. | ||||||
| 13 | The Commission shall serve the Comptroller in an advisory | ||||||
| 14 | capacity, and shall be responsible for advising the Comptroller | ||||||
| 15 | regarding the implementation and promotion of the Illinois Bank | ||||||
| 16 | On Initiative, but may at any time, by request of the | ||||||
| 17 | Comptroller or on its own initiative, submit to the Comptroller | ||||||
| 18 | any recommendations concerning the operation of any | ||||||
| 19 | participating financial institutions, outreach efforts, or | ||||||
| 20 | other business coming before the Commission. Members of the | ||||||
| 21 | Commission shall serve without compensation, but shall be | ||||||
| 22 | reimbursed for reasonable travel and mileage costs. | ||||||
| 23 | (d) Beginning in October 2020, and for each year | ||||||
| 24 | thereafter, the Comptroller and the Commission shall annually | ||||||
| 25 | prepare and make available on the Comptroller's website a | ||||||
| 26 | report concerning the progress of the Illinois Bank On | ||||||
| |||||||
| |||||||
| 1 | Initiative. | ||||||
| 2 | (e) The Comptroller may adopt rules necessary to implement | ||||||
| 3 | this Section. | ||||||
| 4 | (f) For the purposes of this Section: | ||||||
| 5 | "Certified Financial Product" means a financial product | ||||||
| 6 | offered by a financial institution that meets minimum | ||||||
| 7 | requirements as established by the Comptroller. | ||||||
| 8 | "Financial institution" means a bank, savings bank, or | ||||||
| 9 | credit union chartered or organized under the laws of the State | ||||||
| 10 | of Illinois, another state, or the United States of America | ||||||
| 11 | that is: | ||||||
| 12 | (1) adequately capitalized as determined by its | ||||||
| 13 | prudential regulator; and | ||||||
| 14 | (2) insured by the Federal Deposit Insurance | ||||||
| 15 | Corporation, National Credit Union Administration, or | ||||||
| 16 | other approved insurer.
| ||||||
| 17 | (Source: P.A. 101-427, eff. 8-19-19; revised 11-21-19.)
| ||||||
| 18 | Section 70. The State Treasurer Act is amended by changing | ||||||
| 19 | Sections 16.8 and 35 as follows:
| ||||||
| 20 | (15 ILCS 505/16.8) | ||||||
| 21 | Sec. 16.8. Illinois Higher Education Savings Program. | ||||||
| 22 | (a) Definitions. As used in this Section: | ||||||
| 23 | "Beneficiary" means an eligible child named as a recipient | ||||||
| 24 | of seed funds. | ||||||
| |||||||
| |||||||
| 1 | "College savings account" means a 529 plan account | ||||||
| 2 | established under Section 16.5. | ||||||
| 3 | "Eligible child" means a child born or adopted after | ||||||
| 4 | December 31, 2020, to a parent who is a resident of Illinois at | ||||||
| 5 | the time of the birth or adoption, as evidenced by | ||||||
| 6 | documentation received by the Treasurer from the Department of | ||||||
| 7 | Revenue, the Department of Public Health, or another State or | ||||||
| 8 | local government agency. | ||||||
| 9 | "Eligible educational institution" means institutions that | ||||||
| 10 | are described in Section 1001 of the federal Higher Education | ||||||
| 11 | Act of 1965 that are eligible to participate in Department of | ||||||
| 12 | Education student aid programs. | ||||||
| 13 | "Fund" means the Illinois Higher Education Savings Program | ||||||
| 14 | Fund. | ||||||
| 15 | "Omnibus account" means the pooled collection of seed funds | ||||||
| 16 | owned and managed by the State Treasurer under this Act. | ||||||
| 17 | "Program" means the Illinois Higher Education Savings | ||||||
| 18 | Program. | ||||||
| 19 | "Qualified higher education expense" means the following: | ||||||
| 20 | (i) tuition, fees, and the costs of books, supplies, and | ||||||
| 21 | equipment required for enrollment or attendance at an eligible | ||||||
| 22 | educational institution; (ii) expenses for special needs | ||||||
| 23 | services, in the case of a special needs beneficiary, which are | ||||||
| 24 | incurred in connection with such enrollment or attendance; | ||||||
| 25 | (iii) certain expenses for the purchase of computer or | ||||||
| 26 | peripheral equipment, computer software, or Internet access | ||||||
| |||||||
| |||||||
| 1 | and related services as defined under Section 529 of the | ||||||
| 2 | Internal Revenue Code; and (iv) room and board expenses | ||||||
| 3 | incurred while attending an eligible educational institution | ||||||
| 4 | at least half-time. | ||||||
| 5 | "Seed funds" means the deposit made by the State Treasurer | ||||||
| 6 | into the Omnibus Accounts for Program beneficiaries. | ||||||
| 7 | (b) Program established. The State Treasurer shall | ||||||
| 8 | establish the Illinois Higher Education Savings Program | ||||||
| 9 | provided that sufficient funds are available. The State | ||||||
| 10 | Treasurer shall administer the Program for the purposes of | ||||||
| 11 | expanding access to higher education through savings. | ||||||
| 12 | (c) Program enrollment. The State Treasurer shall enroll | ||||||
| 13 | all eligible children in the Program beginning in 2021, after | ||||||
| 14 | receiving records of recent births, adoptions, or dependents | ||||||
| 15 | from the Department of Revenue, the Department of Public | ||||||
| 16 | Health, or another State or local government agency designated | ||||||
| 17 | by the Treasurer. Notwithstanding any court order which would | ||||||
| 18 | otherwise prevent the release of information, the Department of | ||||||
| 19 | Public Health is authorized to release the information | ||||||
| 20 | specified under this subsection (c) to the State Treasurer for | ||||||
| 21 | the purposes of the Program established under this Section. | ||||||
| 22 | (1) On and after the effective date of this amendatory | ||||||
| 23 | Act of the 101st General Assembly, the Department of | ||||||
| 24 | Revenue and the Department of Public Health shall provide | ||||||
| 25 | the State Treasurer with information on recent Illinois | ||||||
| 26 | births, adoptions and dependents including, but not | ||||||
| |||||||
| |||||||
| 1 | limited to: the full name, residential address, and birth | ||||||
| 2 | date of the child and the child's parent or legal guardian | ||||||
| 3 | for the purpose of enrolling eligible children in the | ||||||
| 4 | Program. This data shall be provided to the State Treasurer | ||||||
| 5 | by the Department of Revenue and the Department of Public | ||||||
| 6 | Health on a quarterly basis, no later than 30 days after | ||||||
| 7 | the end of each quarter. | ||||||
| 8 | (2) The State Treasurer shall ensure the security and | ||||||
| 9 | confidentiality of the information provided by the | ||||||
| 10 | Department of Revenue, the Department of Public Health, or | ||||||
| 11 | another State or local government agency, and it shall not | ||||||
| 12 | be subject to release under the Freedom of Information Act. | ||||||
| 13 | (3) Information provided under this Section shall only | ||||||
| 14 | be used by the State Treasurer for the Program and shall | ||||||
| 15 | not be used for any other purpose. | ||||||
| 16 | (4) The State Treasurer and any vendors working on the | ||||||
| 17 | Program shall maintain strict confidentiality of any | ||||||
| 18 | information provided under this Section, and shall | ||||||
| 19 | promptly provide written or electronic notice to the | ||||||
| 20 | providing agency of any security breach. The providing | ||||||
| 21 | State or local government agency shall remain the sole and | ||||||
| 22 | exclusive owner of information provided under this | ||||||
| 23 | Section. | ||||||
| 24 | (d) Seed funds. After receiving information on recent | ||||||
| 25 | births, adoptions, or dependents from the Department of | ||||||
| 26 | Revenue, the Department of Public Health, or another State or | ||||||
| |||||||
| |||||||
| 1 | local government agency, the State Treasurer shall make a | ||||||
| 2 | deposit into an omnibus account of the Fund on behalf of each | ||||||
| 3 | eligible child. The State Treasurer shall be the owner of the | ||||||
| 4 | omnibus accounts. The deposit of seed funds shall be subject to | ||||||
| 5 | appropriation by the General Assembly. | ||||||
| 6 | (1) Deposit amount. The seed fund deposit for each | ||||||
| 7 | eligible child shall be in the amount of $50. This amount | ||||||
| 8 | may be increased by the State Treasurer by rule. The State | ||||||
| 9 | Treasurer may use or deposit funds appropriated by the | ||||||
| 10 | General Assembly together with moneys received as gifts, | ||||||
| 11 | grants, or contributions into the Fund. If insufficient | ||||||
| 12 | funds are available in the Fund, the State Treasurer may | ||||||
| 13 | reduce the deposit amount or forego deposits. | ||||||
| 14 | (2) Use of seed funds. Seed funds, including any | ||||||
| 15 | interest, dividends, and other earnings accrued, will be | ||||||
| 16 | eligible for use by a beneficiary for qualified higher | ||||||
| 17 | education expenses if: | ||||||
| 18 | (A) the parent or guardian of the eligible child | ||||||
| 19 | claimed the seed funds for the beneficiary by the | ||||||
| 20 | beneficiary's 10th birthday; | ||||||
| 21 | (B) the beneficiary has completed secondary | ||||||
| 22 | education or has reached the age of 18; and | ||||||
| 23 | (C) the beneficiary is currently a resident of the | ||||||
| 24 | State of Illinois. Non-residents are not eligible to | ||||||
| 25 | claim or use seed funds. | ||||||
| 26 | (3) Notice of seed fund availability. The State | ||||||
| |||||||
| |||||||
| 1 | Treasurer shall make a good faith effort to notify | ||||||
| 2 | beneficiaries and their parents or legal guardians of the | ||||||
| 3 | seed funds' availability and the deadline to claim such | ||||||
| 4 | funds. | ||||||
| 5 | (4) Unclaimed seed funds. Seed funds that are unclaimed | ||||||
| 6 | by the beneficiary's 10th birthday or unused by the | ||||||
| 7 | beneficiary's 26th birthday will be considered forfeited. | ||||||
| 8 | Unclaimed and unused seed funds will remain in the omnibus | ||||||
| 9 | account for future beneficiaries. | ||||||
| 10 | (e) Financial education. The State Treasurer may develop | ||||||
| 11 | educational materials that support the financial literacy of | ||||||
| 12 | beneficiaries and their legal guardians, and may do so in | ||||||
| 13 | collaboration with State and federal agencies, including, but | ||||||
| 14 | not limited to, the Illinois State Board of Education and | ||||||
| 15 | existing nonprofit agencies with expertise in financial | ||||||
| 16 | literacy and education. | ||||||
| 17 | (f) Incentives and partnerships. The State Treasurer may | ||||||
| 18 | develop partnerships with private, nonprofit, or governmental | ||||||
| 19 | organizations to provide additional incentives for eligible | ||||||
| 20 | children, including conditional cash transfers or matching | ||||||
| 21 | contributions that provide a savings incentive based on | ||||||
| 22 | specific actions taken or other criteria. | ||||||
| 23 | (g) Illinois Higher Education Savings Program Fund. The | ||||||
| 24 | Illinois Higher Education Savings Program Fund is hereby | ||||||
| 25 | established. The Fund shall be the official repository of all | ||||||
| 26 | contributions, appropriations, interest, and dividend | ||||||
| |||||||
| |||||||
| 1 | payments, gifts, or other financial assets received by the | ||||||
| 2 | State Treasurer in connection with the operation of the Program | ||||||
| 3 | or related partnerships. All such moneys shall be deposited in | ||||||
| 4 | the Fund and held by the State Treasurer as custodian thereof, | ||||||
| 5 | outside of the State treasury, separate and apart from all | ||||||
| 6 | public moneys or funds of this State. The State Treasurer may | ||||||
| 7 | accept gifts, grants, awards, matching contributions, interest | ||||||
| 8 | income, and appropriations from individuals, businesses, | ||||||
| 9 | governments, and other third-party sources to implement the | ||||||
| 10 | Program on terms that the Treasurer deems advisable. All | ||||||
| 11 | interest or other earnings accruing or received on amounts in | ||||||
| 12 | the Illinois Higher Education Savings Program Fund shall be | ||||||
| 13 | credited to and retained by the Fund and used for the benefit | ||||||
| 14 | of the Program. Assets of the Fund must at all times be | ||||||
| 15 | preserved, invested, and expended only for the purposes of the | ||||||
| 16 | Program and must be held for the benefit of the beneficiaries. | ||||||
| 17 | Assets may not be transferred or used by the State or the State | ||||||
| 18 | Treasurer for any purposes other than the purposes of the | ||||||
| 19 | Program. In addition, no moneys, interest, or other earnings | ||||||
| 20 | paid into the Fund shall be used, temporarily or otherwise, for | ||||||
| 21 | inter-fund borrowing or be otherwise used or appropriated | ||||||
| 22 | except as expressly authorized by this Act. Notwithstanding the | ||||||
| 23 | requirements of this subsection (f), amounts in the Fund may be | ||||||
| 24 | used by the State Treasurer to pay the administrative costs of | ||||||
| 25 | the Program. | ||||||
| 26 | (h) Audits and reports. The State Treasurer shall include | ||||||
| |||||||
| |||||||
| 1 | the Illinois Higher Education Savings Program as part of the | ||||||
| 2 | audit of the College Savings Pool described in Section 16.5. | ||||||
| 3 | The State Treasurer shall annually prepare a report that | ||||||
| 4 | includes a summary of the Program operations for the preceding | ||||||
| 5 | fiscal year, including the number of children enrolled in the | ||||||
| 6 | Program, the total amount of seed fund deposits, and such other | ||||||
| 7 | information that is relevant to make a full disclosure of the | ||||||
| 8 | operations of the Program and Fund. The report shall be made | ||||||
| 9 | available on the Treasurer's website by January 31 each year, | ||||||
| 10 | starting in January of 2022. The State Treasurer may include | ||||||
| 11 | the Program in other reports as warranted. | ||||||
| 12 | (i) Rules. The State Treasurer may adopt rules necessary to | ||||||
| 13 | implement this Section.
| ||||||
| 14 | (Source: P.A. 101-466, eff. 1-1-20; revised 11-21-19.)
| ||||||
| 15 | (15 ILCS 505/35) | ||||||
| 16 | Sec. 35. State Treasurer may purchase real property. | ||||||
| 17 | (a) Subject to the provisions of the Public Contract Fraud | ||||||
| 18 | Act, the State Treasurer, on behalf of the State of Illinois, | ||||||
| 19 | is authorized during State fiscal years 2019 and 2020 to | ||||||
| 20 | acquire real property located in the City of Springfield, | ||||||
| 21 | Illinois which the State Treasurer deems necessary to properly | ||||||
| 22 | carry out the powers and duties vested in him or her. Real | ||||||
| 23 | property acquired under this Section may be acquired subject to | ||||||
| 24 | any third party interests in the property that do not prevent | ||||||
| 25 | the State Treasurer from exercising the intended beneficial use | ||||||
| |||||||
| |||||||
| 1 | of such property. | ||||||
| 2 | (b) Subject to the provisions of the Treasurer's | ||||||
| 3 | Procurement Rules, which shall be substantially in accordance | ||||||
| 4 | with the requirements of the Illinois Procurement Code, the | ||||||
| 5 | State Treasurer may: | ||||||
| 6 | (1) enter into contracts relating to construction, | ||||||
| 7 | reconstruction or renovation projects for any such | ||||||
| 8 | buildings or lands acquired pursuant to subsection | ||||||
| 9 | paragraph (a); and | ||||||
| 10 | (2) equip, lease, operate and maintain those grounds, | ||||||
| 11 | buildings and facilities as may be appropriate to carry out | ||||||
| 12 | his or her statutory purposes and duties. | ||||||
| 13 | (c) The State Treasurer may enter into agreements with any | ||||||
| 14 | person with respect to the use and occupancy of the grounds, | ||||||
| 15 | buildings, and facilities of the State Treasurer, including | ||||||
| 16 | concession, license, and lease agreements on terms and | ||||||
| 17 | conditions as the State Treasurer determines and in accordance | ||||||
| 18 | with the procurement processes for the Office of the State | ||||||
| 19 | Treasurer, which shall be substantially in accordance with the | ||||||
| 20 | requirements of the Illinois Procurement Code. | ||||||
| 21 | (d) The exercise of the authority vested in the Treasurer | ||||||
| 22 | by this Section is subject to the appropriation of the | ||||||
| 23 | necessary funds.
| ||||||
| 24 | (Source: P.A. 101-487, eff. 8-23-19; revised 11-21-19.)
| ||||||
| 25 | Section 75. The Deposit of State Moneys Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 10 and 22.5 as follows:
| ||||||
| 2 | (15 ILCS 520/10) (from Ch. 130, par. 29)
| ||||||
| 3 | Sec. 10.
The State Treasurer may enter into an agreement in | ||||||
| 4 | conformity
with this Act with any bank or savings and loan | ||||||
| 5 | association
relating to
the deposit of securities. Such | ||||||
| 6 | agreement may authorize the holding
by such bank or savings and | ||||||
| 7 | loan association of such securities in custody
and safekeeping | ||||||
| 8 | solely under the instructions of the State Treasurer either
(a) | ||||||
| 9 | in the office of such bank or savings and loan
association, or | ||||||
| 10 | under the custody and safekeeping of another bank or
savings | ||||||
| 11 | and loan association in this State for the
depository bank or | ||||||
| 12 | savings and loan association, or (b) in a bank or a depository | ||||||
| 13 | trust company
in the United States if the securities to be | ||||||
| 14 | deposited are held in custody and safekeeping for such bank or | ||||||
| 15 | savings and loan association.
| ||||||
| 16 | (Source: P.A. 101-206, eff. 8-2-19; revised 9-12-19.)
| ||||||
| 17 | (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
| ||||||
| 18 | (For force and effect of certain provisions, see Section 90 | ||||||
| 19 | of P.A. 94-79) | ||||||
| 20 | Sec. 22.5. Permitted investments. The State Treasurer may, | ||||||
| 21 | with the
approval of the Governor, invest and reinvest any | ||||||
| 22 | State money in the treasury
which is not needed for current | ||||||
| 23 | expenditures due or about to become due, in
obligations of the | ||||||
| 24 | United States government or its agencies or of National
| ||||||
| |||||||
| |||||||
| 1 | Mortgage Associations established by or under the National | ||||||
| 2 | Housing Act, 12
U.S.C. 1701 et seq., or
in mortgage | ||||||
| 3 | participation certificates representing undivided interests in
| ||||||
| 4 | specified, first-lien conventional residential Illinois | ||||||
| 5 | mortgages that are
underwritten, insured, guaranteed, or | ||||||
| 6 | purchased by the Federal Home Loan
Mortgage Corporation or in | ||||||
| 7 | Affordable Housing Program Trust Fund Bonds or
Notes as defined | ||||||
| 8 | in and issued pursuant to the Illinois Housing Development
Act. | ||||||
| 9 | All such obligations shall be considered as cash and may
be | ||||||
| 10 | delivered over as cash by a State Treasurer to his successor.
| ||||||
| 11 | The State Treasurer may, with the approval of the Governor, | ||||||
| 12 | purchase
any state bonds with any money in the State Treasury | ||||||
| 13 | that has been set
aside and held for the payment of the | ||||||
| 14 | principal of and interest on the
bonds. The bonds shall be | ||||||
| 15 | considered as cash and may be delivered over
as cash by the | ||||||
| 16 | State Treasurer to his successor.
| ||||||
| 17 | The State Treasurer may, with the approval of the Governor, | ||||||
| 18 | invest or
reinvest any State money in the treasury that is not | ||||||
| 19 | needed for
current expenditure due or about to become due, or | ||||||
| 20 | any money in the
State Treasury that has been set aside and | ||||||
| 21 | held for the payment of the
principal of and the interest on | ||||||
| 22 | any State bonds, in shares,
withdrawable accounts, and | ||||||
| 23 | investment certificates of savings and
building and loan | ||||||
| 24 | associations, incorporated under the laws of this
State or any | ||||||
| 25 | other state or under the laws of the United States;
provided, | ||||||
| 26 | however, that investments may be made only in those savings
and | ||||||
| |||||||
| |||||||
| 1 | loan or building and loan associations the shares and | ||||||
| 2 | withdrawable
accounts or other forms of investment securities | ||||||
| 3 | of which are insured
by the Federal Deposit Insurance | ||||||
| 4 | Corporation.
| ||||||
| 5 | The State Treasurer may not invest State money in any | ||||||
| 6 | savings and
loan or building and loan association unless a | ||||||
| 7 | commitment by the savings
and loan (or building and loan) | ||||||
| 8 | association, executed by the president
or chief executive | ||||||
| 9 | officer of that association, is submitted in the
following | ||||||
| 10 | form:
| ||||||
| 11 | The .................. Savings and Loan (or Building | ||||||
| 12 | and Loan)
Association pledges not to reject arbitrarily | ||||||
| 13 | mortgage loans for
residential properties within any | ||||||
| 14 | specific part of the community served
by the savings and | ||||||
| 15 | loan (or building and loan) association because of
the | ||||||
| 16 | location of the property. The savings and loan (or building | ||||||
| 17 | and
loan) association also pledges to make loans available | ||||||
| 18 | on low and
moderate income residential property throughout | ||||||
| 19 | the community within
the limits of its legal restrictions | ||||||
| 20 | and prudent financial practices.
| ||||||
| 21 | The State Treasurer may, with the approval of the Governor, | ||||||
| 22 | invest or
reinvest any State money in the treasury
that is not | ||||||
| 23 | needed for current expenditures due or about to become
due, or | ||||||
| 24 | any money in the State Treasury that has been set aside and
| ||||||
| 25 | held for the payment of the principal of and interest on any | ||||||
| 26 | State
bonds, in bonds issued by counties or municipal | ||||||
| |||||||
| |||||||
| 1 | corporations of the
State of Illinois.
| ||||||
| 2 | The State Treasurer may invest or reinvest up to 5% of the | ||||||
| 3 | College Savings Pool Administrative Trust Fund, the Illinois | ||||||
| 4 | Public Treasurer Investment Pool (IPTIP) Administrative Trust | ||||||
| 5 | Fund, and the State Treasurer's Administrative Fund that is not | ||||||
| 6 | needed for current expenditures due or about to become due, in | ||||||
| 7 | common or preferred stocks of publicly traded corporations, | ||||||
| 8 | partnerships, or limited liability companies, organized in the | ||||||
| 9 | United States, with assets exceeding $500,000,000 if: (i) the | ||||||
| 10 | purchases do not exceed 1% of the corporation's or the limited | ||||||
| 11 | liability company's outstanding common and preferred stock; | ||||||
| 12 | (ii) no more than 10% of the total funds are invested in any | ||||||
| 13 | one publicly traded corporation, partnership, or limited | ||||||
| 14 | liability company; and (iii) the corporation or the limited | ||||||
| 15 | liability company has not been placed on the list of restricted | ||||||
| 16 | companies by the Illinois Investment Policy Board under Section | ||||||
| 17 | 1-110.16 of the Illinois Pension Code. | ||||||
| 18 | The State Treasurer may, with the approval of the Governor, | ||||||
| 19 | invest or
reinvest any State money in the Treasury which is not | ||||||
| 20 | needed for current
expenditure, due or about to become due, or | ||||||
| 21 | any money in the State Treasury
which has been set aside and | ||||||
| 22 | held for the payment of the principal of and
the interest on | ||||||
| 23 | any State bonds, in participations in loans, the principal
of | ||||||
| 24 | which participation is fully guaranteed by an agency or | ||||||
| 25 | instrumentality
of the United States government; provided, | ||||||
| 26 | however, that such loan
participations are represented by | ||||||
| |||||||
| |||||||
| 1 | certificates issued only by banks which
are incorporated under | ||||||
| 2 | the laws of this State or any other state
or under the laws of | ||||||
| 3 | the United States, and such banks, but not
the loan | ||||||
| 4 | participation certificates, are insured by the Federal Deposit
| ||||||
| 5 | Insurance Corporation.
| ||||||
| 6 | Whenever the total amount of vouchers presented to the | ||||||
| 7 | Comptroller under Section 9 of the State Comptroller Act | ||||||
| 8 | exceeds the funds available in the General Revenue Fund by | ||||||
| 9 | $1,000,000,000 or more, then the State Treasurer may invest any | ||||||
| 10 | State money in the Treasury, other than money in the General | ||||||
| 11 | Revenue Fund, Health Insurance Reserve Fund, Attorney General | ||||||
| 12 | Court Ordered and Voluntary Compliance Payment Projects Fund, | ||||||
| 13 | Attorney General Whistleblower Reward and Protection Fund, and | ||||||
| 14 | Attorney General's State Projects and Court Ordered | ||||||
| 15 | Distribution Fund, which is not needed for current | ||||||
| 16 | expenditures, due or about to become due, or any money in the | ||||||
| 17 | State Treasury which has been set aside and held for the | ||||||
| 18 | payment of the principal of and the interest on any State bonds | ||||||
| 19 | with the Office of the Comptroller in order to enable the | ||||||
| 20 | Comptroller to pay outstanding vouchers. At any time, and from | ||||||
| 21 | time to time outstanding, such investment shall not be greater | ||||||
| 22 | than $2,000,000,000. Such investment shall be deposited into | ||||||
| 23 | the General Revenue Fund or Health Insurance Reserve Fund as | ||||||
| 24 | determined by the Comptroller. Such investment shall be repaid | ||||||
| 25 | by the Comptroller with an interest rate tied to the London | ||||||
| 26 | Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an | ||||||
| |||||||
| |||||||
| 1 | equivalent market established variable rate, but in no case | ||||||
| 2 | shall such interest rate exceed the lesser of the penalty rate | ||||||
| 3 | established under the State Prompt Payment Act or the timely | ||||||
| 4 | pay interest rate under Section 368a of the Illinois Insurance | ||||||
| 5 | Code. The State Treasurer and the Comptroller shall enter into | ||||||
| 6 | an intergovernmental agreement to establish procedures for | ||||||
| 7 | such investments, which market established variable rate to | ||||||
| 8 | which the interest rate for the investments should be tied, and | ||||||
| 9 | other terms which the State Treasurer and Comptroller | ||||||
| 10 | reasonably believe to be mutually beneficial concerning these | ||||||
| 11 | investments by the State Treasurer. The State Treasurer and | ||||||
| 12 | Comptroller shall also enter into a written agreement for each | ||||||
| 13 | such investment that specifies the period of the investment, | ||||||
| 14 | the payment interval, the interest rate to be paid, the funds | ||||||
| 15 | in the Treasury from which the Treasurer will draw the | ||||||
| 16 | investment, and other terms upon which the State Treasurer and | ||||||
| 17 | Comptroller mutually agree. Such investment agreements shall | ||||||
| 18 | be public records and the State Treasurer shall post the terms | ||||||
| 19 | of all such investment agreements on the State Treasurer's | ||||||
| 20 | official website. In compliance with the intergovernmental | ||||||
| 21 | agreement, the Comptroller shall order and the State Treasurer | ||||||
| 22 | shall transfer amounts sufficient for the payment of principal | ||||||
| 23 | and interest invested by the State Treasurer with the Office of | ||||||
| 24 | the Comptroller under this paragraph from the General Revenue | ||||||
| 25 | Fund or the Health Insurance Reserve Fund to the respective | ||||||
| 26 | funds in the Treasury from which the State Treasurer drew the | ||||||
| |||||||
| |||||||
| 1 | investment. Public Act 100-1107 shall constitute an | ||||||
| 2 | irrevocable and continuing authority for all amounts necessary | ||||||
| 3 | for the payment of principal and interest on the investments | ||||||
| 4 | made with the Office of the Comptroller by the State Treasurer | ||||||
| 5 | under this paragraph, and the irrevocable and continuing | ||||||
| 6 | authority for and direction to the Comptroller and Treasurer to | ||||||
| 7 | make the necessary transfers. | ||||||
| 8 | The State Treasurer may, with the approval of the Governor, | ||||||
| 9 | invest or
reinvest any State money in the Treasury that is not | ||||||
| 10 | needed for current
expenditure, due or about to become due, or | ||||||
| 11 | any money in the State Treasury
that has been set aside and | ||||||
| 12 | held for the payment of the principal of and
the interest on | ||||||
| 13 | any State bonds, in any of the following:
| ||||||
| 14 | (1) Bonds, notes, certificates of indebtedness, | ||||||
| 15 | Treasury bills, or other
securities now or hereafter issued | ||||||
| 16 | that are guaranteed by the full faith
and credit of the | ||||||
| 17 | United States of America as to principal and interest.
| ||||||
| 18 | (2) Bonds, notes, debentures, or other similar | ||||||
| 19 | obligations of the United
States of America, its agencies, | ||||||
| 20 | and instrumentalities.
| ||||||
| 21 | (2.5) Bonds, notes, debentures, or other similar | ||||||
| 22 | obligations of a
foreign government, other than the | ||||||
| 23 | Republic of the Sudan, that are guaranteed by the full | ||||||
| 24 | faith and credit of that
government as to principal and | ||||||
| 25 | interest, but only if the foreign government
has not | ||||||
| 26 | defaulted and has met its payment obligations in a timely | ||||||
| |||||||
| |||||||
| 1 | manner on
all similar obligations for a period of at least | ||||||
| 2 | 25 years immediately before
the time of acquiring those | ||||||
| 3 | obligations.
| ||||||
| 4 | (3) Interest-bearing savings accounts, | ||||||
| 5 | interest-bearing certificates of
deposit, interest-bearing | ||||||
| 6 | time deposits, or any other investments
constituting | ||||||
| 7 | direct obligations of any bank as defined by the Illinois
| ||||||
| 8 | Banking Act.
| ||||||
| 9 | (4) Interest-bearing accounts, certificates of | ||||||
| 10 | deposit, or any other
investments constituting direct | ||||||
| 11 | obligations of any savings and loan
associations | ||||||
| 12 | incorporated under the laws of this State or any other | ||||||
| 13 | state or
under the laws of the United States.
| ||||||
| 14 | (5) Dividend-bearing share accounts, share certificate | ||||||
| 15 | accounts, or
class of share accounts of a credit union | ||||||
| 16 | chartered under the laws of this
State or the laws of the | ||||||
| 17 | United States; provided, however, the principal
office of | ||||||
| 18 | the credit union must be located within the State of | ||||||
| 19 | Illinois.
| ||||||
| 20 | (6) Bankers' acceptances of banks whose senior | ||||||
| 21 | obligations are rated in
the top 2 rating categories by 2 | ||||||
| 22 | national rating agencies and maintain that
rating during | ||||||
| 23 | the term of the investment.
| ||||||
| 24 | (7) Short-term obligations of either corporations or | ||||||
| 25 | limited liability companies organized in the United
States | ||||||
| 26 | with assets exceeding $500,000,000 if (i) the obligations | ||||||
| |||||||
| |||||||
| 1 | are rated
at the time of purchase at one of the 3 highest | ||||||
| 2 | classifications established
by at least 2 standard rating | ||||||
| 3 | services and mature not later than 270
days from the date | ||||||
| 4 | of purchase, (ii) the purchases do not exceed 10% of
the | ||||||
| 5 | corporation's or the limited liability company's | ||||||
| 6 | outstanding obligations, (iii) no more than one-third of
| ||||||
| 7 | the public agency's funds are invested in short-term | ||||||
| 8 | obligations of
either corporations or limited liability | ||||||
| 9 | companies, and (iv) the corporation or the limited | ||||||
| 10 | liability company has not been placed on the list of | ||||||
| 11 | restricted companies by the Illinois Investment Policy | ||||||
| 12 | Board under Section 1-110.16 of the Illinois Pension Code.
| ||||||
| 13 | (7.5) Obligations of either corporations or limited | ||||||
| 14 | liability companies organized in the United States, that | ||||||
| 15 | have a significant presence in this State, with assets | ||||||
| 16 | exceeding $500,000,000 if: (i) the obligations are rated at | ||||||
| 17 | the time of purchase at one of the 3 highest | ||||||
| 18 | classifications established by at least 2 standard rating | ||||||
| 19 | services and mature more than 270 days, but less than 10 | ||||||
| 20 | years, from the date of purchase; (ii) the purchases do not | ||||||
| 21 | exceed 10% of the corporation's or the limited liability | ||||||
| 22 | company's outstanding obligations; (iii) no more than | ||||||
| 23 | one-third of the public agency's funds are invested in such | ||||||
| 24 | obligations of corporations or limited liability | ||||||
| 25 | companies; and (iv) the corporation or the limited | ||||||
| 26 | liability company has not been placed on the list of | ||||||
| |||||||
| |||||||
| 1 | restricted companies by the Illinois Investment Policy | ||||||
| 2 | Board under Section 1-110.16 of the Illinois Pension Code. | ||||||
| 3 | (8) Money market mutual funds registered under the | ||||||
| 4 | Investment Company
Act of 1940.
| ||||||
| 5 | (9) The Public Treasurers' Investment Pool created | ||||||
| 6 | under Section 17 of
the State Treasurer Act or in a fund | ||||||
| 7 | managed, operated, and administered by
a bank.
| ||||||
| 8 | (10) Repurchase agreements of government securities | ||||||
| 9 | having the meaning
set out in the Government Securities Act | ||||||
| 10 | of 1986, as now or hereafter amended or succeeded, subject | ||||||
| 11 | to the provisions
of that Act and the regulations issued | ||||||
| 12 | thereunder.
| ||||||
| 13 | (11) Investments made in accordance with the | ||||||
| 14 | Technology Development
Act.
| ||||||
| 15 | (12) Investments made in accordance with the Student | ||||||
| 16 | Investment Account Act. | ||||||
| 17 | For purposes of this Section, "agencies" of the United | ||||||
| 18 | States
Government includes:
| ||||||
| 19 | (i) the federal land banks, federal intermediate | ||||||
| 20 | credit banks, banks for
cooperatives, federal farm credit | ||||||
| 21 | banks, or any other entity authorized
to issue debt | ||||||
| 22 | obligations under the Farm Credit Act of 1971 (12 U.S.C. | ||||||
| 23 | 2001
et seq.) and Acts amendatory thereto;
| ||||||
| 24 | (ii) the federal home loan banks and the federal home | ||||||
| 25 | loan
mortgage corporation;
| ||||||
| 26 | (iii) the Commodity Credit Corporation; and
| ||||||
| |||||||
| |||||||
| 1 | (iv) any other agency created by Act of Congress.
| ||||||
| 2 | The Treasurer may, with the approval of the Governor, lend | ||||||
| 3 | any securities
acquired under this Act. However, securities may | ||||||
| 4 | be lent under this Section
only in accordance with Federal | ||||||
| 5 | Financial Institution Examination Council
guidelines and only | ||||||
| 6 | if the securities are collateralized at a level sufficient
to | ||||||
| 7 | assure the safety of the securities, taking into account market | ||||||
| 8 | value
fluctuation. The securities may be collateralized by cash | ||||||
| 9 | or collateral
acceptable under Sections 11 and 11.1.
| ||||||
| 10 | (Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19; | ||||||
| 11 | 101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
| ||||||
| 12 | Section 80. The Civil Administrative Code of Illinois is | ||||||
| 13 | amended by changing Section 5-565 as follows:
| ||||||
| 14 | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
| ||||||
| 15 | Sec. 5-565. In the Department of Public Health.
| ||||||
| 16 | (a) The General Assembly declares it to be the public | ||||||
| 17 | policy of this
State that all citizens of Illinois are entitled | ||||||
| 18 | to lead healthy lives.
Governmental public health has a | ||||||
| 19 | specific responsibility to ensure that a
public health system | ||||||
| 20 | is in place to allow the public health mission to be achieved. | ||||||
| 21 | The public health system is the collection of public, private, | ||||||
| 22 | and voluntary entities as well as individuals and informal | ||||||
| 23 | associations that contribute to the public's health within the | ||||||
| 24 | State. To
develop a public health system requires certain core | ||||||
| |||||||
| |||||||
| 1 | functions to be performed by
government. The State Board of | ||||||
| 2 | Health is to assume the leadership role in
advising the | ||||||
| 3 | Director in meeting the following functions:
| ||||||
| 4 | (1) Needs assessment.
| ||||||
| 5 | (2) Statewide health objectives.
| ||||||
| 6 | (3) Policy development.
| ||||||
| 7 | (4) Assurance of access to necessary services.
| ||||||
| 8 | There shall be a State Board of Health composed of 20 | ||||||
| 9 | persons,
all of
whom shall be appointed by the Governor, with | ||||||
| 10 | the advice and consent of the
Senate for those appointed by the | ||||||
| 11 | Governor on and after June 30, 1998,
and one of whom shall be a
| ||||||
| 12 | senior citizen age 60 or over. Five members shall be physicians | ||||||
| 13 | licensed
to practice medicine in all its branches, one | ||||||
| 14 | representing a medical school
faculty, one who is board | ||||||
| 15 | certified in preventive medicine, and one who is
engaged in | ||||||
| 16 | private practice. One member shall be a chiropractic physician. | ||||||
| 17 | One member shall be a dentist; one an
environmental health | ||||||
| 18 | practitioner; one a local public health administrator;
one a | ||||||
| 19 | local board of health member; one a registered nurse; one a | ||||||
| 20 | physical therapist; one an optometrist; one a
veterinarian; one | ||||||
| 21 | a public health academician; one a health care industry
| ||||||
| 22 | representative; one a representative of the business | ||||||
| 23 | community; one a representative of the non-profit public | ||||||
| 24 | interest community; and 2 shall be citizens at large.
| ||||||
| 25 | The terms of Board of Health members shall be 3 years, | ||||||
| 26 | except that members shall continue to serve on the Board of | ||||||
| |||||||
| |||||||
| 1 | Health until a replacement is appointed. Upon the effective | ||||||
| 2 | date of Public Act 93-975 (January 1, 2005) this amendatory Act | ||||||
| 3 | of the 93rd General Assembly, in the appointment of the Board | ||||||
| 4 | of Health members appointed to vacancies or positions with | ||||||
| 5 | terms expiring on or before December 31, 2004, the Governor | ||||||
| 6 | shall appoint up to 6 members to serve for terms of 3 years; up | ||||||
| 7 | to 6 members to serve for terms of 2 years; and up to 5 members | ||||||
| 8 | to serve for a term of one year, so that the term of no more | ||||||
| 9 | than 6 members expire in the same year.
All members shall
be | ||||||
| 10 | legal residents of the State of Illinois. The duties of the | ||||||
| 11 | Board shall
include, but not be limited to, the following:
| ||||||
| 12 | (1) To advise the Department of ways to encourage | ||||||
| 13 | public understanding
and support of the Department's | ||||||
| 14 | programs.
| ||||||
| 15 | (2) To evaluate all boards, councils, committees, | ||||||
| 16 | authorities, and
bodies
advisory to, or an adjunct of, the | ||||||
| 17 | Department of Public Health or its
Director for the purpose | ||||||
| 18 | of recommending to the Director one or
more of the | ||||||
| 19 | following:
| ||||||
| 20 | (i) The elimination of bodies whose activities
are | ||||||
| 21 | not consistent with goals and objectives of the | ||||||
| 22 | Department.
| ||||||
| 23 | (ii) The consolidation of bodies whose activities | ||||||
| 24 | encompass
compatible programmatic subjects.
| ||||||
| 25 | (iii) The restructuring of the relationship | ||||||
| 26 | between the various
bodies and their integration | ||||||
| |||||||
| |||||||
| 1 | within the organizational structure of the
Department.
| ||||||
| 2 | (iv) The establishment of new bodies deemed | ||||||
| 3 | essential to the
functioning of the Department.
| ||||||
| 4 | (3) To serve as an advisory group to the Director for
| ||||||
| 5 | public health emergencies and
control of health hazards.
| ||||||
| 6 | (4) To advise the Director regarding public health | ||||||
| 7 | policy,
and to make health policy recommendations | ||||||
| 8 | regarding priorities to the
Governor through the Director.
| ||||||
| 9 | (5) To present public health issues to the Director and | ||||||
| 10 | to make
recommendations for the resolution of those issues.
| ||||||
| 11 | (6) To recommend studies to delineate public health | ||||||
| 12 | problems.
| ||||||
| 13 | (7) To make recommendations to the Governor through the | ||||||
| 14 | Director
regarding the coordination of State public health | ||||||
| 15 | activities with other
State and local public health | ||||||
| 16 | agencies and organizations.
| ||||||
| 17 | (8) To report on or before February 1 of each year on | ||||||
| 18 | the health of the
residents of Illinois to the Governor, | ||||||
| 19 | the General Assembly, and the
public.
| ||||||
| 20 | (9) To review the final draft of all proposed | ||||||
| 21 | administrative rules,
other than emergency or peremptory | ||||||
| 22 | preemptory rules and those rules that another
advisory body | ||||||
| 23 | must approve or review within a statutorily defined time
| ||||||
| 24 | period, of the Department after September 19, 1991 (the | ||||||
| 25 | effective date of
Public Act
87-633). The Board shall | ||||||
| 26 | review the proposed rules within 90
days of
submission by | ||||||
| |||||||
| |||||||
| 1 | the Department. The Department shall take into | ||||||
| 2 | consideration
any comments and recommendations of the | ||||||
| 3 | Board regarding the proposed rules
prior to submission to | ||||||
| 4 | the Secretary of State for initial publication. If
the | ||||||
| 5 | Department disagrees with the recommendations of the | ||||||
| 6 | Board, it shall
submit a written response outlining the | ||||||
| 7 | reasons for not accepting the
recommendations.
| ||||||
| 8 | In the case of proposed administrative rules or | ||||||
| 9 | amendments to
administrative
rules regarding immunization | ||||||
| 10 | of children against preventable communicable
diseases | ||||||
| 11 | designated by the Director under the Communicable Disease | ||||||
| 12 | Prevention
Act, after the Immunization Advisory Committee | ||||||
| 13 | has made its
recommendations, the Board shall conduct 3 | ||||||
| 14 | public hearings, geographically
distributed
throughout the | ||||||
| 15 | State. At the conclusion of the hearings, the State Board | ||||||
| 16 | of
Health shall issue a report, including its | ||||||
| 17 | recommendations, to the Director.
The Director shall take | ||||||
| 18 | into consideration any comments or recommendations made
by | ||||||
| 19 | the Board based on these hearings.
| ||||||
| 20 | (10) To deliver to the Governor for presentation to the | ||||||
| 21 | General Assembly a State Health Improvement Plan. The first | ||||||
| 22 | 3 such plans shall be delivered to the Governor on January | ||||||
| 23 | 1, 2006, January 1, 2009, and January 1, 2016 and then | ||||||
| 24 | every 5 years thereafter. | ||||||
| 25 | The Plan shall recommend priorities and strategies to | ||||||
| 26 | improve the public health system and the health status of | ||||||
| |||||||
| |||||||
| 1 | Illinois residents, taking into consideration national | ||||||
| 2 | health objectives and system standards as frameworks for | ||||||
| 3 | assessment. | ||||||
| 4 | The Plan shall also take into consideration priorities | ||||||
| 5 | and strategies developed at the community level through the | ||||||
| 6 | Illinois Project for Local Assessment of Needs (IPLAN) and | ||||||
| 7 | any regional health improvement plans that may be | ||||||
| 8 | developed.
The Plan shall focus on prevention as a key | ||||||
| 9 | strategy for long-term health improvement in Illinois. | ||||||
| 10 | The Plan shall examine and make recommendations on the | ||||||
| 11 | contributions and strategies of the public and private | ||||||
| 12 | sectors for improving health status and the public health | ||||||
| 13 | system in the State. In addition to recommendations on | ||||||
| 14 | health status improvement priorities and strategies for | ||||||
| 15 | the population of the State as a whole, the Plan shall make | ||||||
| 16 | recommendations regarding priorities and strategies for | ||||||
| 17 | reducing and eliminating health disparities in Illinois; | ||||||
| 18 | including racial, ethnic, gender, age, socio-economic, and | ||||||
| 19 | geographic disparities. | ||||||
| 20 | The Director of the Illinois Department of Public | ||||||
| 21 | Health shall appoint a Planning Team that includes a range | ||||||
| 22 | of public, private, and voluntary sector stakeholders and | ||||||
| 23 | participants in the public health system. This Team shall | ||||||
| 24 | include: the directors of State agencies with public health | ||||||
| 25 | responsibilities (or their designees), including, but not | ||||||
| 26 | limited to, the Illinois Departments of Public Health and | ||||||
| |||||||
| |||||||
| 1 | Department of Human Services, representatives of local | ||||||
| 2 | health departments, representatives of local community | ||||||
| 3 | health partnerships, and individuals with expertise who | ||||||
| 4 | represent an array of organizations and constituencies | ||||||
| 5 | engaged in public health improvement and prevention. | ||||||
| 6 | The State Board of Health shall hold at least 3 public | ||||||
| 7 | hearings addressing drafts of the Plan in representative | ||||||
| 8 | geographic areas of the State.
Members of the Planning Team | ||||||
| 9 | shall receive no compensation for their services, but may | ||||||
| 10 | be reimbursed for their necessary expenses.
| ||||||
| 11 | Upon the delivery of each State Health Improvement | ||||||
| 12 | Plan, the Governor shall appoint a SHIP Implementation | ||||||
| 13 | Coordination Council that includes a range of public, | ||||||
| 14 | private, and voluntary sector stakeholders and | ||||||
| 15 | participants in the public health system. The Council shall | ||||||
| 16 | include the directors of State agencies and entities with | ||||||
| 17 | public health system responsibilities (or their | ||||||
| 18 | designees), including, but not limited to, the Department | ||||||
| 19 | of Public Health, Department of Human Services, Department | ||||||
| 20 | of Healthcare and Family Services, Environmental | ||||||
| 21 | Protection Agency, Illinois State Board of Education, | ||||||
| 22 | Department on Aging, Illinois Violence Prevention | ||||||
| 23 | Authority, Department of Agriculture, Department of | ||||||
| 24 | Insurance, Department of Financial and Professional | ||||||
| 25 | Regulation, Department of Transportation, and Department | ||||||
| 26 | of Commerce and Economic Opportunity and the Chair of the | ||||||
| |||||||
| |||||||
| 1 | State Board of Health. The Council shall include | ||||||
| 2 | representatives of local health departments and | ||||||
| 3 | individuals with expertise who represent an array of | ||||||
| 4 | organizations and constituencies engaged in public health | ||||||
| 5 | improvement and prevention, including non-profit public | ||||||
| 6 | interest groups, health issue groups, faith community | ||||||
| 7 | groups, health care providers, businesses and employers, | ||||||
| 8 | academic institutions, and community-based organizations. | ||||||
| 9 | The Governor shall endeavor to make the membership of the | ||||||
| 10 | Council representative of the racial, ethnic, gender, | ||||||
| 11 | socio-economic, and geographic diversity of the State. The | ||||||
| 12 | Governor shall designate one State agency representative | ||||||
| 13 | and one other non-governmental member as co-chairs of the | ||||||
| 14 | Council. The Governor shall designate a member of the | ||||||
| 15 | Governor's office to serve as liaison to the Council and | ||||||
| 16 | one or more State agencies to provide or arrange for | ||||||
| 17 | support to the Council. The members of the SHIP | ||||||
| 18 | Implementation Coordination Council for each State Health | ||||||
| 19 | Improvement Plan shall serve until the delivery of the | ||||||
| 20 | subsequent State Health Improvement Plan, whereupon a new | ||||||
| 21 | Council shall be appointed. Members of the SHIP Planning | ||||||
| 22 | Team may serve on the SHIP Implementation Coordination | ||||||
| 23 | Council if so appointed by the Governor. | ||||||
| 24 | The SHIP Implementation Coordination Council shall | ||||||
| 25 | coordinate the efforts and engagement of the public, | ||||||
| 26 | private, and voluntary sector stakeholders and | ||||||
| |||||||
| |||||||
| 1 | participants in the public health system to implement each | ||||||
| 2 | SHIP. The Council shall serve as a forum for collaborative | ||||||
| 3 | action; coordinate existing and new initiatives; develop | ||||||
| 4 | detailed implementation steps, with mechanisms for action; | ||||||
| 5 | implement specific projects; identify public and private | ||||||
| 6 | funding sources at the local, State and federal level; | ||||||
| 7 | promote public awareness of the SHIP; advocate for the | ||||||
| 8 | implementation of the SHIP; and develop an annual report to | ||||||
| 9 | the Governor, General Assembly, and public regarding the | ||||||
| 10 | status of implementation of the SHIP. The Council shall | ||||||
| 11 | not, however, have the authority to direct any public or | ||||||
| 12 | private entity to take specific action to implement the | ||||||
| 13 | SHIP. | ||||||
| 14 | (11) Upon the request of the Governor, to recommend to | ||||||
| 15 | the Governor
candidates for Director of Public Health when | ||||||
| 16 | vacancies occur in the position.
| ||||||
| 17 | (12) To adopt bylaws for the conduct of its own | ||||||
| 18 | business, including the
authority to establish ad hoc | ||||||
| 19 | committees to address specific public health
programs | ||||||
| 20 | requiring resolution.
| ||||||
| 21 | (13) (Blank). | ||||||
| 22 | Upon appointment, the Board shall elect a chairperson from | ||||||
| 23 | among its
members.
| ||||||
| 24 | Members of the Board shall receive compensation for their | ||||||
| 25 | services at the
rate of $150 per day, not to exceed $10,000 per | ||||||
| 26 | year, as designated by the
Director for each day required for | ||||||
| |||||||
| |||||||
| 1 | transacting the business of the Board
and shall be reimbursed | ||||||
| 2 | for necessary expenses incurred in the performance
of their | ||||||
| 3 | duties. The Board shall meet from time to time at the call of | ||||||
| 4 | the
Department, at the call of the chairperson, or upon the | ||||||
| 5 | request of 3 of its
members, but shall not meet less than 4 | ||||||
| 6 | times per year.
| ||||||
| 7 | (b) (Blank).
| ||||||
| 8 | (c) An Advisory Board on Necropsy Service to Coroners, | ||||||
| 9 | which shall
counsel and advise with the Director on the | ||||||
| 10 | administration of the Autopsy
Act. The Advisory Board shall | ||||||
| 11 | consist of 11 members, including
a senior citizen age 60 or | ||||||
| 12 | over, appointed by the Governor, one of
whom shall be | ||||||
| 13 | designated as chairman by a majority of the members of the
| ||||||
| 14 | Board. In the appointment of the first Board the Governor shall | ||||||
| 15 | appoint 3
members to serve for terms of 1 year, 3 for terms of 2 | ||||||
| 16 | years, and 3 for
terms of 3 years. The members first appointed | ||||||
| 17 | under Public Act 83-1538 shall serve for a term of 3 years. All | ||||||
| 18 | members appointed thereafter
shall be appointed for terms of 3 | ||||||
| 19 | years, except that when an
appointment is made
to fill a | ||||||
| 20 | vacancy, the appointment shall be for the remaining
term of the | ||||||
| 21 | position vacant. The members of the Board shall be citizens of
| ||||||
| 22 | the State of Illinois. In the appointment of members of the | ||||||
| 23 | Advisory Board
the Governor shall appoint 3 members who shall | ||||||
| 24 | be persons licensed to
practice medicine and surgery in the | ||||||
| 25 | State of Illinois, at least 2 of whom
shall have received | ||||||
| 26 | post-graduate training in the field of pathology; 3
members who | ||||||
| |||||||
| |||||||
| 1 | are duly elected coroners in this State; and 5 members who
| ||||||
| 2 | shall have interest and abilities in the field of forensic | ||||||
| 3 | medicine but who
shall be neither persons licensed to practice | ||||||
| 4 | any branch of medicine in
this State nor coroners. In the | ||||||
| 5 | appointment of medical and coroner members
of the Board, the | ||||||
| 6 | Governor shall invite nominations from recognized medical
and | ||||||
| 7 | coroners organizations in this State respectively. Board | ||||||
| 8 | members, while
serving on business of the Board, shall receive | ||||||
| 9 | actual necessary travel and
subsistence expenses while so | ||||||
| 10 | serving away from their places of residence.
| ||||||
| 11 | (Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17; | ||||||
| 12 | revised 7-17-19.)
| ||||||
| 13 | Section 85. The Children and Family Services Act is amended | ||||||
| 14 | by changing Section 5 and by setting forth,
renumbering, and | ||||||
| 15 | changing multiple versions of Section 42 as follows:
| ||||||
| 16 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
| 17 | Sec. 5. Direct child welfare services; Department of | ||||||
| 18 | Children and Family
Services. To provide direct child welfare | ||||||
| 19 | services when not available
through other public or private | ||||||
| 20 | child care or program facilities.
| ||||||
| 21 | (a) For purposes of this Section:
| ||||||
| 22 | (1) "Children" means persons found within the State who | ||||||
| 23 | are under the
age of 18 years. The term also includes | ||||||
| 24 | persons under age 21 who:
| ||||||
| |||||||
| |||||||
| 1 | (A) were committed to the Department pursuant to | ||||||
| 2 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
| 3 | 1987, as amended, and who continue under the | ||||||
| 4 | jurisdiction of the court; or
| ||||||
| 5 | (B) were accepted for care, service and training by
| ||||||
| 6 | the Department prior to the age of 18 and whose best | ||||||
| 7 | interest in the
discretion of the Department would be | ||||||
| 8 | served by continuing that care,
service and training | ||||||
| 9 | because of severe emotional disturbances, physical
| ||||||
| 10 | disability, social adjustment or any combination | ||||||
| 11 | thereof, or because of the
need to complete an | ||||||
| 12 | educational or vocational training program.
| ||||||
| 13 | (2) "Homeless youth" means persons found within the
| ||||||
| 14 | State who are under the age of 19, are not in a safe and | ||||||
| 15 | stable living
situation and cannot be reunited with their | ||||||
| 16 | families.
| ||||||
| 17 | (3) "Child welfare services" means public social | ||||||
| 18 | services which are
directed toward the accomplishment of | ||||||
| 19 | the following purposes:
| ||||||
| 20 | (A) protecting and promoting the health, safety | ||||||
| 21 | and welfare of
children,
including homeless, | ||||||
| 22 | dependent, or neglected children;
| ||||||
| 23 | (B) remedying, or assisting in the solution
of | ||||||
| 24 | problems which may result in, the neglect, abuse, | ||||||
| 25 | exploitation, or
delinquency of children;
| ||||||
| 26 | (C) preventing the unnecessary separation of | ||||||
| |||||||
| |||||||
| 1 | children
from their families by identifying family | ||||||
| 2 | problems, assisting families in
resolving their | ||||||
| 3 | problems, and preventing the breakup of the family
| ||||||
| 4 | where the prevention of child removal is desirable and | ||||||
| 5 | possible when the
child can be cared for at home | ||||||
| 6 | without endangering the child's health and
safety;
| ||||||
| 7 | (D) restoring to their families children who have | ||||||
| 8 | been
removed, by the provision of services to the child | ||||||
| 9 | and the families when the
child can be cared for at | ||||||
| 10 | home without endangering the child's health and
| ||||||
| 11 | safety;
| ||||||
| 12 | (E) placing children in suitable adoptive homes, | ||||||
| 13 | in
cases where restoration to the biological family is | ||||||
| 14 | not safe, possible, or
appropriate;
| ||||||
| 15 | (F) assuring safe and adequate care of children | ||||||
| 16 | away from their
homes, in cases where the child cannot | ||||||
| 17 | be returned home or cannot be placed
for adoption. At | ||||||
| 18 | the time of placement, the Department shall consider
| ||||||
| 19 | concurrent planning,
as described in subsection (l-1) | ||||||
| 20 | of this Section so that permanency may
occur at the | ||||||
| 21 | earliest opportunity. Consideration should be given so | ||||||
| 22 | that if
reunification fails or is delayed, the | ||||||
| 23 | placement made is the best available
placement to | ||||||
| 24 | provide permanency for the child;
| ||||||
| 25 | (G) (blank);
| ||||||
| 26 | (H) (blank); and
| ||||||
| |||||||
| |||||||
| 1 | (I) placing and maintaining children in facilities | ||||||
| 2 | that provide
separate living quarters for children | ||||||
| 3 | under the age of 18 and for children
18 years of age | ||||||
| 4 | and older, unless a child 18 years of age is in the | ||||||
| 5 | last
year of high school education or vocational | ||||||
| 6 | training, in an approved
individual or group treatment | ||||||
| 7 | program, in a licensed shelter facility,
or secure | ||||||
| 8 | child care facility.
The Department is not required to | ||||||
| 9 | place or maintain children:
| ||||||
| 10 | (i) who are in a foster home, or
| ||||||
| 11 | (ii) who are persons with a developmental | ||||||
| 12 | disability, as defined in
the Mental
Health and | ||||||
| 13 | Developmental Disabilities Code, or
| ||||||
| 14 | (iii) who are female children who are | ||||||
| 15 | pregnant, pregnant and
parenting, or parenting, or
| ||||||
| 16 | (iv) who are siblings, in facilities that | ||||||
| 17 | provide separate living quarters for children 18
| ||||||
| 18 | years of age and older and for children under 18 | ||||||
| 19 | years of age.
| ||||||
| 20 | (b) (Blank).
| ||||||
| 21 | (c) The Department shall establish and maintain | ||||||
| 22 | tax-supported child
welfare services and extend and seek to | ||||||
| 23 | improve voluntary services
throughout the State, to the end | ||||||
| 24 | that services and care shall be available
on an equal basis | ||||||
| 25 | throughout the State to children requiring such services.
| ||||||
| 26 | (d) The Director may authorize advance disbursements for | ||||||
| |||||||
| |||||||
| 1 | any new program
initiative to any agency contracting with the | ||||||
| 2 | Department. As a
prerequisite for an advance disbursement, the | ||||||
| 3 | contractor must post a
surety bond in the amount of the advance | ||||||
| 4 | disbursement and have a
purchase of service contract approved | ||||||
| 5 | by the Department. The Department
may pay up to 2 months | ||||||
| 6 | operational expenses in advance. The amount of the
advance | ||||||
| 7 | disbursement shall be prorated over the life of the contract
or | ||||||
| 8 | the remaining months of the fiscal year, whichever is less, and | ||||||
| 9 | the
installment amount shall then be deducted from future | ||||||
| 10 | bills. Advance
disbursement authorizations for new initiatives | ||||||
| 11 | shall not be made to any
agency after that agency has operated | ||||||
| 12 | during 2 consecutive fiscal years.
The requirements of this | ||||||
| 13 | Section concerning advance disbursements shall
not apply with | ||||||
| 14 | respect to the following: payments to local public agencies
for | ||||||
| 15 | child day care services as authorized by Section 5a of this | ||||||
| 16 | Act; and
youth service programs receiving grant funds under | ||||||
| 17 | Section 17a-4.
| ||||||
| 18 | (e) (Blank).
| ||||||
| 19 | (f) (Blank).
| ||||||
| 20 | (g) The Department shall establish rules and regulations | ||||||
| 21 | concerning
its operation of programs designed to meet the goals | ||||||
| 22 | of child safety and
protection,
family preservation, family | ||||||
| 23 | reunification, and adoption, including, but not
limited to:
| ||||||
| 24 | (1) adoption;
| ||||||
| 25 | (2) foster care;
| ||||||
| 26 | (3) family counseling;
| ||||||
| |||||||
| |||||||
| 1 | (4) protective services;
| ||||||
| 2 | (5) (blank);
| ||||||
| 3 | (6) homemaker service;
| ||||||
| 4 | (7) return of runaway children;
| ||||||
| 5 | (8) (blank);
| ||||||
| 6 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
| 7 | Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||||||
| 8 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
| 9 | Assistance and Child Welfare Act of
1980; and
| ||||||
| 10 | (10) interstate services.
| ||||||
| 11 | Rules and regulations established by the Department shall | ||||||
| 12 | include
provisions for training Department staff and the staff | ||||||
| 13 | of Department
grantees, through contracts with other agencies | ||||||
| 14 | or resources, in screening techniques to identify substance use | ||||||
| 15 | disorders, as defined in the Substance Use Disorder Act, | ||||||
| 16 | approved by the Department of Human
Services, as a successor to | ||||||
| 17 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
| 18 | purpose of identifying children and adults who
should be | ||||||
| 19 | referred for an assessment at an organization appropriately | ||||||
| 20 | licensed by the Department of Human Services for substance use | ||||||
| 21 | disorder treatment.
| ||||||
| 22 | (h) If the Department finds that there is no appropriate | ||||||
| 23 | program or
facility within or available to the Department for a | ||||||
| 24 | youth in care and that no
licensed private facility has an | ||||||
| 25 | adequate and appropriate program or none
agrees to accept the | ||||||
| 26 | youth in care, the Department shall create an appropriate
| ||||||
| |||||||
| |||||||
| 1 | individualized, program-oriented plan for such youth in care. | ||||||
| 2 | The
plan may be developed within the Department or through | ||||||
| 3 | purchase of services
by the Department to the extent that it is | ||||||
| 4 | within its statutory authority
to do.
| ||||||
| 5 | (i) Service programs shall be available throughout the | ||||||
| 6 | State and shall
include but not be limited to the following | ||||||
| 7 | services:
| ||||||
| 8 | (1) case management;
| ||||||
| 9 | (2) homemakers;
| ||||||
| 10 | (3) counseling;
| ||||||
| 11 | (4) parent education;
| ||||||
| 12 | (5) day care; and
| ||||||
| 13 | (6) emergency assistance and advocacy.
| ||||||
| 14 | In addition, the following services may be made available | ||||||
| 15 | to assess and
meet the needs of children and families:
| ||||||
| 16 | (1) comprehensive family-based services;
| ||||||
| 17 | (2) assessments;
| ||||||
| 18 | (3) respite care; and
| ||||||
| 19 | (4) in-home health services.
| ||||||
| 20 | The Department shall provide transportation for any of the | ||||||
| 21 | services it
makes available to children or families or for | ||||||
| 22 | which it refers children
or families.
| ||||||
| 23 | (j) The Department may provide categories of financial | ||||||
| 24 | assistance and
education assistance grants, and shall
| ||||||
| 25 | establish rules and regulations concerning the assistance and | ||||||
| 26 | grants, to
persons who
adopt children with physical or mental | ||||||
| |||||||
| |||||||
| 1 | disabilities, children who are older, or other hard-to-place
| ||||||
| 2 | children who (i) immediately prior to their adoption were youth | ||||||
| 3 | in care or (ii) were determined eligible for financial | ||||||
| 4 | assistance with respect to a
prior adoption and who become | ||||||
| 5 | available for adoption because the
prior adoption has been | ||||||
| 6 | dissolved and the parental rights of the adoptive
parents have | ||||||
| 7 | been
terminated or because the child's adoptive parents have | ||||||
| 8 | died.
The Department may continue to provide financial | ||||||
| 9 | assistance and education assistance grants for a child who was | ||||||
| 10 | determined eligible for financial assistance under this | ||||||
| 11 | subsection (j) in the interim period beginning when the child's | ||||||
| 12 | adoptive parents died and ending with the finalization of the | ||||||
| 13 | new adoption of the child by another adoptive parent or | ||||||
| 14 | parents. The Department may also provide categories of | ||||||
| 15 | financial
assistance and education assistance grants, and
| ||||||
| 16 | shall establish rules and regulations for the assistance and | ||||||
| 17 | grants, to persons
appointed guardian of the person under | ||||||
| 18 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
| 19 | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
| 20 | who were youth in care for 12 months immediately
prior to the | ||||||
| 21 | appointment of the guardian.
| ||||||
| 22 | The amount of assistance may vary, depending upon the needs | ||||||
| 23 | of the child
and the adoptive parents,
as set forth in the | ||||||
| 24 | annual
assistance agreement. Special purpose grants are | ||||||
| 25 | allowed where the child
requires special service but such costs | ||||||
| 26 | may not exceed the amounts
which similar services would cost | ||||||
| |||||||
| |||||||
| 1 | the Department if it were to provide or
secure them as guardian | ||||||
| 2 | of the child.
| ||||||
| 3 | Any financial assistance provided under this subsection is
| ||||||
| 4 | inalienable by assignment, sale, execution, attachment, | ||||||
| 5 | garnishment, or any
other remedy for recovery or collection of | ||||||
| 6 | a judgment or debt.
| ||||||
| 7 | (j-5) The Department shall not deny or delay the placement | ||||||
| 8 | of a child for
adoption
if an approved family is available | ||||||
| 9 | either outside of the Department region
handling the case,
or | ||||||
| 10 | outside of the State of Illinois.
| ||||||
| 11 | (k) The Department shall accept for care and training any | ||||||
| 12 | child who has
been adjudicated neglected or abused, or | ||||||
| 13 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
| 14 | the Juvenile Court Act of 1987.
| ||||||
| 15 | (l) The Department shall
offer family preservation | ||||||
| 16 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
| 17 | Child
Reporting Act, to help families, including adoptive and | ||||||
| 18 | extended families.
Family preservation
services shall be | ||||||
| 19 | offered (i) to prevent the
placement
of children in
substitute | ||||||
| 20 | care when the children can be cared for at home or in the | ||||||
| 21 | custody of
the person
responsible for the children's welfare,
| ||||||
| 22 | (ii) to
reunite children with their families, or (iii) to
| ||||||
| 23 | maintain an adoptive placement. Family preservation services | ||||||
| 24 | shall only be
offered when doing so will not endanger the | ||||||
| 25 | children's health or safety. With
respect to children who are | ||||||
| 26 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
| |||||||
| |||||||
| 1 | family preservation services shall not be offered if a goal | ||||||
| 2 | other
than those of subdivisions (A), (B), or (B-1) of | ||||||
| 3 | subsection (2) of Section 2-28
of
that Act has been set, except | ||||||
| 4 | that reunification services may be offered as provided in | ||||||
| 5 | paragraph (F) of subsection (2) of Section 2-28 of that Act.
| ||||||
| 6 | Nothing in this paragraph shall be construed to create a | ||||||
| 7 | private right of
action or claim on the part of any individual | ||||||
| 8 | or child welfare agency, except that when a child is the | ||||||
| 9 | subject of an action under Article II of the Juvenile Court Act | ||||||
| 10 | of 1987 and the child's service plan calls for services to | ||||||
| 11 | facilitate achievement of the permanency goal, the court | ||||||
| 12 | hearing the action under Article II of the Juvenile Court Act | ||||||
| 13 | of 1987 may order the Department to provide the services set | ||||||
| 14 | out in the plan, if those services are not provided with | ||||||
| 15 | reasonable promptness and if those services are available.
| ||||||
| 16 | The Department shall notify the child and his family of the
| ||||||
| 17 | Department's
responsibility to offer and provide family | ||||||
| 18 | preservation services as
identified in the service plan. The | ||||||
| 19 | child and his family shall be eligible
for services as soon as | ||||||
| 20 | the report is determined to be "indicated". The
Department may | ||||||
| 21 | offer services to any child or family with respect to whom a
| ||||||
| 22 | report of suspected child abuse or neglect has been filed, | ||||||
| 23 | prior to
concluding its investigation under Section 7.12 of the | ||||||
| 24 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
| 25 | or family's willingness to
accept services shall not be | ||||||
| 26 | considered in the investigation. The
Department may also | ||||||
| |||||||
| |||||||
| 1 | provide services to any child or family who is the
subject of | ||||||
| 2 | any report of suspected child abuse or neglect or may refer | ||||||
| 3 | such
child or family to services available from other agencies | ||||||
| 4 | in the community,
even if the report is determined to be | ||||||
| 5 | unfounded, if the conditions in the
child's or family's home | ||||||
| 6 | are reasonably likely to subject the child or
family to future | ||||||
| 7 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
| 8 | services shall be voluntary. The Department may also provide | ||||||
| 9 | services to any child or family after completion of a family | ||||||
| 10 | assessment, as an alternative to an investigation, as provided | ||||||
| 11 | under the "differential response program" provided for in | ||||||
| 12 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
| 13 | Child Reporting Act.
| ||||||
| 14 | The Department may, at its discretion except for those | ||||||
| 15 | children also
adjudicated neglected or dependent, accept for | ||||||
| 16 | care and training any child
who has been adjudicated addicted, | ||||||
| 17 | as a truant minor in need of
supervision or as a minor | ||||||
| 18 | requiring authoritative intervention, under the
Juvenile Court | ||||||
| 19 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
| 20 | be committed to the Department by any court without the | ||||||
| 21 | approval of
the Department. On and after January 1, 2015 (the | ||||||
| 22 | effective date of Public Act 98-803) and before January 1, | ||||||
| 23 | 2017, a minor charged with a criminal offense under the | ||||||
| 24 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
| 25 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
| 26 | committed to the Department by any court, except (i) a minor | ||||||
| |||||||
| |||||||
| 1 | less than 16 years
of age committed to the Department under | ||||||
| 2 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
| 3 | for whom an independent basis of abuse, neglect, or dependency | ||||||
| 4 | exists, which must be defined by departmental rule, or (iii) a | ||||||
| 5 | minor for whom the court has granted a supplemental petition to | ||||||
| 6 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
| 7 | of the Juvenile Court Act of 1987. On and after January 1, | ||||||
| 8 | 2017, a minor charged with a criminal offense under the | ||||||
| 9 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
| 10 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
| 11 | committed to the Department by any court, except (i) a minor | ||||||
| 12 | less than 15 years
of age committed to the Department under | ||||||
| 13 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
| 14 | for whom an independent basis of abuse, neglect, or dependency | ||||||
| 15 | exists, which must be defined by departmental rule, or (iii) a | ||||||
| 16 | minor for whom the court has granted a supplemental petition to | ||||||
| 17 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
| 18 | of the Juvenile Court Act of 1987. An independent basis exists | ||||||
| 19 | when the allegations or adjudication of abuse, neglect, or | ||||||
| 20 | dependency do not arise from the same facts, incident, or | ||||||
| 21 | circumstances which give rise to a charge or adjudication of | ||||||
| 22 | delinquency. The Department shall
assign a caseworker to attend | ||||||
| 23 | any hearing involving a youth in
the care and custody of the | ||||||
| 24 | Department who is placed on aftercare release, including | ||||||
| 25 | hearings
involving sanctions for violation of aftercare | ||||||
| 26 | release
conditions and aftercare release revocation hearings.
| ||||||
| |||||||
| |||||||
| 1 | As soon as is possible after August 7, 2009 (the effective | ||||||
| 2 | date of Public Act 96-134), the Department shall develop and | ||||||
| 3 | implement a special program of family preservation services to | ||||||
| 4 | support intact, foster, and adoptive families who are | ||||||
| 5 | experiencing extreme hardships due to the difficulty and stress | ||||||
| 6 | of caring for a child who has been diagnosed with a pervasive | ||||||
| 7 | developmental disorder if the Department determines that those | ||||||
| 8 | services are necessary to ensure the health and safety of the | ||||||
| 9 | child. The Department may offer services to any family whether | ||||||
| 10 | or not a report has been filed under the Abused and Neglected | ||||||
| 11 | Child Reporting Act. The Department may refer the child or | ||||||
| 12 | family to services available from other agencies in the | ||||||
| 13 | community if the conditions in the child's or family's home are | ||||||
| 14 | reasonably likely to subject the child or family to future | ||||||
| 15 | reports of suspected child abuse or neglect. Acceptance of | ||||||
| 16 | these services shall be voluntary. The Department shall develop | ||||||
| 17 | and implement a public information campaign to alert health and | ||||||
| 18 | social service providers and the general public about these | ||||||
| 19 | special family preservation services. The nature and scope of | ||||||
| 20 | the services offered and the number of families served under | ||||||
| 21 | the special program implemented under this paragraph shall be | ||||||
| 22 | determined by the level of funding that the Department annually | ||||||
| 23 | allocates for this purpose. The term "pervasive developmental | ||||||
| 24 | disorder" under this paragraph means a neurological condition, | ||||||
| 25 | including, but not limited to, Asperger's Syndrome and autism, | ||||||
| 26 | as defined in the most recent edition of the Diagnostic and | ||||||
| |||||||
| |||||||
| 1 | Statistical Manual of Mental Disorders of the American | ||||||
| 2 | Psychiatric Association. | ||||||
| 3 | (l-1) The legislature recognizes that the best interests of | ||||||
| 4 | the child
require that
the child be placed in the most | ||||||
| 5 | permanent living arrangement as soon as is
practically
| ||||||
| 6 | possible. To achieve this goal, the legislature directs the | ||||||
| 7 | Department of
Children and
Family Services to conduct | ||||||
| 8 | concurrent planning so that permanency may occur at
the
| ||||||
| 9 | earliest opportunity. Permanent living arrangements may | ||||||
| 10 | include prevention of
placement of a child outside the home of | ||||||
| 11 | the family when the child can be cared
for at
home without | ||||||
| 12 | endangering the child's health or safety; reunification with | ||||||
| 13 | the
family,
when safe and appropriate, if temporary placement | ||||||
| 14 | is necessary; or movement of
the child
toward the most | ||||||
| 15 | permanent living arrangement and permanent legal status.
| ||||||
| 16 | When determining reasonable efforts to be made with respect | ||||||
| 17 | to a child, as
described in this
subsection, and in making such | ||||||
| 18 | reasonable efforts, the child's health and
safety shall be the
| ||||||
| 19 | paramount concern.
| ||||||
| 20 | When a child is placed in foster care, the Department shall | ||||||
| 21 | ensure and
document that reasonable efforts were made to | ||||||
| 22 | prevent or eliminate the need to
remove the child from the | ||||||
| 23 | child's home. The Department must make
reasonable efforts to | ||||||
| 24 | reunify the family when temporary placement of the child
occurs
| ||||||
| 25 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
| 26 | of 1987.
At any time after the dispositional hearing where the | ||||||
| |||||||
| |||||||
| 1 | Department believes
that further reunification services would | ||||||
| 2 | be ineffective, it may request a
finding from the court that | ||||||
| 3 | reasonable efforts are no longer appropriate. The
Department is | ||||||
| 4 | not required to provide further reunification services after | ||||||
| 5 | such
a
finding.
| ||||||
| 6 | A decision to place a child in substitute care shall be | ||||||
| 7 | made with
considerations of the child's health, safety, and | ||||||
| 8 | best interests. At the
time of placement, consideration should | ||||||
| 9 | also be given so that if reunification
fails or is delayed, the | ||||||
| 10 | placement made is the best available placement to
provide | ||||||
| 11 | permanency for the child.
| ||||||
| 12 | The Department shall adopt rules addressing concurrent | ||||||
| 13 | planning for
reunification and permanency. The Department | ||||||
| 14 | shall consider the following
factors when determining | ||||||
| 15 | appropriateness of concurrent planning:
| ||||||
| 16 | (1) the likelihood of prompt reunification;
| ||||||
| 17 | (2) the past history of the family;
| ||||||
| 18 | (3) the barriers to reunification being addressed by | ||||||
| 19 | the family;
| ||||||
| 20 | (4) the level of cooperation of the family;
| ||||||
| 21 | (5) the foster parents' willingness to work with the | ||||||
| 22 | family to reunite;
| ||||||
| 23 | (6) the willingness and ability of the foster family to | ||||||
| 24 | provide an
adoptive
home or long-term placement;
| ||||||
| 25 | (7) the age of the child;
| ||||||
| 26 | (8) placement of siblings.
| ||||||
| |||||||
| |||||||
| 1 | (m) The Department may assume temporary custody of any | ||||||
| 2 | child if:
| ||||||
| 3 | (1) it has received a written consent to such temporary | ||||||
| 4 | custody
signed by the parents of the child or by the parent | ||||||
| 5 | having custody of the
child if the parents are not living | ||||||
| 6 | together or by the guardian or
custodian of the child if | ||||||
| 7 | the child is not in the custody of either
parent, or
| ||||||
| 8 | (2) the child is found in the State and neither a | ||||||
| 9 | parent,
guardian nor custodian of the child can be located.
| ||||||
| 10 | If the child is found in his or her residence without a parent, | ||||||
| 11 | guardian,
custodian, or responsible caretaker, the Department | ||||||
| 12 | may, instead of removing
the child and assuming temporary | ||||||
| 13 | custody, place an authorized
representative of the Department | ||||||
| 14 | in that residence until such time as a
parent, guardian, or | ||||||
| 15 | custodian enters the home and expresses a willingness
and | ||||||
| 16 | apparent ability to ensure the child's health and safety and | ||||||
| 17 | resume
permanent
charge of the child, or until a
relative | ||||||
| 18 | enters the home and is willing and able to ensure the child's | ||||||
| 19 | health
and
safety and assume charge of the
child until a | ||||||
| 20 | parent, guardian, or custodian enters the home and expresses
| ||||||
| 21 | such willingness and ability to ensure the child's safety and | ||||||
| 22 | resume
permanent charge. After a caretaker has remained in the | ||||||
| 23 | home for a period not
to exceed 12 hours, the Department must | ||||||
| 24 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
| 25 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
| 26 | The Department shall have the authority, responsibilities | ||||||
| |||||||
| |||||||
| 1 | and duties that
a legal custodian of the child would have | ||||||
| 2 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
| 3 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
| 4 | pursuant to an investigation under the Abused and
Neglected | ||||||
| 5 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
| 6 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
| 7 | custody, the
Department, during the period of temporary custody | ||||||
| 8 | and before the child
is brought before a judicial officer as | ||||||
| 9 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
| 10 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
| 11 | and duties that a legal custodian of the child
would have under | ||||||
| 12 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
| 13 | 1987.
| ||||||
| 14 | The Department shall ensure that any child taken into | ||||||
| 15 | custody
is scheduled for an appointment for a medical | ||||||
| 16 | examination.
| ||||||
| 17 | A parent, guardian, or custodian of a child in the | ||||||
| 18 | temporary custody of the
Department who would have custody of | ||||||
| 19 | the child if he were not in the
temporary custody of the | ||||||
| 20 | Department may deliver to the Department a signed
request that | ||||||
| 21 | the Department surrender the temporary custody of the child.
| ||||||
| 22 | The Department may retain temporary custody of the child for 10 | ||||||
| 23 | days after
the receipt of the request, during which period the | ||||||
| 24 | Department may cause to
be filed a petition pursuant to the | ||||||
| 25 | Juvenile Court Act of 1987. If a
petition is so filed, the | ||||||
| 26 | Department shall retain temporary custody of the
child until | ||||||
| |||||||
| |||||||
| 1 | the court orders otherwise. If a petition is not filed within
| ||||||
| 2 | the 10-day period, the child shall be surrendered to the | ||||||
| 3 | custody of the
requesting parent, guardian, or custodian not | ||||||
| 4 | later than the expiration of
the 10-day period, at which time | ||||||
| 5 | the authority and duties of the Department
with respect to the | ||||||
| 6 | temporary custody of the child shall terminate.
| ||||||
| 7 | (m-1) The Department may place children under 18 years of | ||||||
| 8 | age in a secure
child care facility licensed by the Department | ||||||
| 9 | that cares for children who are
in need of secure living | ||||||
| 10 | arrangements for their health, safety, and well-being
after a | ||||||
| 11 | determination is made by the facility director and the Director | ||||||
| 12 | or the
Director's designate prior to admission to the facility | ||||||
| 13 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
| 14 | This subsection (m-1) does not apply
to a child who is subject | ||||||
| 15 | to placement in a correctional facility operated
pursuant to | ||||||
| 16 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
| 17 | child is a youth in care who was placed in the care of the | ||||||
| 18 | Department before being
subject to placement in a correctional | ||||||
| 19 | facility and a court of competent
jurisdiction has ordered | ||||||
| 20 | placement of the child in a secure care facility.
| ||||||
| 21 | (n) The Department may place children under 18 years of age | ||||||
| 22 | in
licensed child care facilities when in the opinion of the | ||||||
| 23 | Department,
appropriate services aimed at family preservation | ||||||
| 24 | have been unsuccessful and
cannot ensure the child's health and | ||||||
| 25 | safety or are unavailable and such
placement would be for their | ||||||
| 26 | best interest. Payment
for board, clothing, care, training and | ||||||
| |||||||
| |||||||
| 1 | supervision of any child placed in
a licensed child care | ||||||
| 2 | facility may be made by the Department, by the
parents or | ||||||
| 3 | guardians of the estates of those children, or by both the
| ||||||
| 4 | Department and the parents or guardians, except that no | ||||||
| 5 | payments shall be
made by the Department for any child placed | ||||||
| 6 | in a licensed child care
facility for board, clothing, care, | ||||||
| 7 | training and supervision of such a
child that exceed the | ||||||
| 8 | average per capita cost of maintaining and of caring
for a | ||||||
| 9 | child in institutions for dependent or neglected children | ||||||
| 10 | operated by
the Department. However, such restriction on | ||||||
| 11 | payments does not apply in
cases where children require | ||||||
| 12 | specialized care and treatment for problems of
severe emotional | ||||||
| 13 | disturbance, physical disability, social adjustment, or
any | ||||||
| 14 | combination thereof and suitable facilities for the placement | ||||||
| 15 | of such
children are not available at payment rates within the | ||||||
| 16 | limitations set
forth in this Section. All reimbursements for | ||||||
| 17 | services delivered shall be
absolutely inalienable by | ||||||
| 18 | assignment, sale, attachment, or garnishment or
otherwise.
| ||||||
| 19 | (n-1) The Department shall provide or authorize child | ||||||
| 20 | welfare services, aimed at assisting minors to achieve | ||||||
| 21 | sustainable self-sufficiency as independent adults, for any | ||||||
| 22 | minor eligible for the reinstatement of wardship pursuant to | ||||||
| 23 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
| 24 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
| 25 | provided that the minor consents to such services and has not | ||||||
| 26 | yet attained the age of 21. The Department shall have | ||||||
| |||||||
| |||||||
| 1 | responsibility for the development and delivery of services | ||||||
| 2 | under this Section. An eligible youth may access services under | ||||||
| 3 | this Section through the Department of Children and Family | ||||||
| 4 | Services or by referral from the Department of Human Services. | ||||||
| 5 | Youth participating in services under this Section shall | ||||||
| 6 | cooperate with the assigned case manager in developing an | ||||||
| 7 | agreement identifying the services to be provided and how the | ||||||
| 8 | youth will increase skills to achieve self-sufficiency. A | ||||||
| 9 | homeless shelter is not considered appropriate housing for any | ||||||
| 10 | youth receiving child welfare services under this Section. The | ||||||
| 11 | Department shall continue child welfare services under this | ||||||
| 12 | Section to any eligible minor until the minor becomes 21 years | ||||||
| 13 | of age, no longer consents to participate, or achieves | ||||||
| 14 | self-sufficiency as identified in the minor's service plan. The | ||||||
| 15 | Department of Children and Family Services shall create clear, | ||||||
| 16 | readable notice of the rights of former foster youth to child | ||||||
| 17 | welfare services under this Section and how such services may | ||||||
| 18 | be obtained. The Department of Children and Family Services and | ||||||
| 19 | the Department of Human Services shall disseminate this | ||||||
| 20 | information statewide. The Department shall adopt regulations | ||||||
| 21 | describing services intended to assist minors in achieving | ||||||
| 22 | sustainable self-sufficiency as independent adults. | ||||||
| 23 | (o) The Department shall establish an administrative | ||||||
| 24 | review and appeal
process for children and families who request | ||||||
| 25 | or receive child welfare
services from the Department. Youth in | ||||||
| 26 | care who are placed by private child welfare agencies, and | ||||||
| |||||||
| |||||||
| 1 | foster families with whom
those youth are placed, shall be | ||||||
| 2 | afforded the same procedural and appeal
rights as children and | ||||||
| 3 | families in the case of placement by the Department,
including | ||||||
| 4 | the right to an initial review of a private agency decision by
| ||||||
| 5 | that agency. The Department shall ensure that any private child | ||||||
| 6 | welfare
agency, which accepts youth in care for placement, | ||||||
| 7 | affords those
rights to children and foster families. The | ||||||
| 8 | Department shall accept for
administrative review and an appeal | ||||||
| 9 | hearing a complaint made by (i) a child
or foster family | ||||||
| 10 | concerning a decision following an initial review by a
private | ||||||
| 11 | child welfare agency or (ii) a prospective adoptive parent who | ||||||
| 12 | alleges
a violation of subsection (j-5) of this Section. An | ||||||
| 13 | appeal of a decision
concerning a change in the placement of a | ||||||
| 14 | child shall be conducted in an
expedited manner. A court | ||||||
| 15 | determination that a current foster home placement is necessary | ||||||
| 16 | and appropriate under Section 2-28 of the Juvenile Court Act of | ||||||
| 17 | 1987 does not constitute a judicial determination on the merits | ||||||
| 18 | of an administrative appeal, filed by a former foster parent, | ||||||
| 19 | involving a change of placement decision.
| ||||||
| 20 | (p) (Blank).
| ||||||
| 21 | (q) The Department may receive and use, in their entirety, | ||||||
| 22 | for the
benefit of children any gift, donation, or bequest of | ||||||
| 23 | money or other
property which is received on behalf of such | ||||||
| 24 | children, or any financial
benefits to which such children are | ||||||
| 25 | or may become entitled while under
the jurisdiction or care of | ||||||
| 26 | the Department.
| ||||||
| |||||||
| |||||||
| 1 | The Department shall set up and administer no-cost, | ||||||
| 2 | interest-bearing accounts in appropriate financial | ||||||
| 3 | institutions
for children for whom the Department is legally | ||||||
| 4 | responsible and who have been
determined eligible for Veterans' | ||||||
| 5 | Benefits, Social Security benefits,
assistance allotments from | ||||||
| 6 | the armed forces, court ordered payments, parental
voluntary | ||||||
| 7 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
| 8 | payments, Black Lung benefits, or other miscellaneous | ||||||
| 9 | payments. Interest
earned by each account shall be credited to | ||||||
| 10 | the account, unless
disbursed in accordance with this | ||||||
| 11 | subsection.
| ||||||
| 12 | In disbursing funds from children's accounts, the | ||||||
| 13 | Department
shall:
| ||||||
| 14 | (1) Establish standards in accordance with State and | ||||||
| 15 | federal laws for
disbursing money from children's | ||||||
| 16 | accounts. In all
circumstances,
the Department's | ||||||
| 17 | "Guardianship Administrator" or his or her designee must
| ||||||
| 18 | approve disbursements from children's accounts. The | ||||||
| 19 | Department
shall be responsible for keeping complete | ||||||
| 20 | records of all disbursements for each account for any | ||||||
| 21 | purpose.
| ||||||
| 22 | (2) Calculate on a monthly basis the amounts paid from | ||||||
| 23 | State funds for the
child's board and care, medical care | ||||||
| 24 | not covered under Medicaid, and social
services; and | ||||||
| 25 | utilize funds from the child's account, as
covered by | ||||||
| 26 | regulation, to reimburse those costs. Monthly, | ||||||
| |||||||
| |||||||
| 1 | disbursements from
all children's accounts, up to 1/12 of | ||||||
| 2 | $13,000,000, shall be
deposited by the Department into the | ||||||
| 3 | General Revenue Fund and the balance over
1/12 of | ||||||
| 4 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
| 5 | (3) Maintain any balance remaining after reimbursing | ||||||
| 6 | for the child's costs
of care, as specified in item (2). | ||||||
| 7 | The balance shall accumulate in accordance
with relevant | ||||||
| 8 | State and federal laws and shall be disbursed to the child | ||||||
| 9 | or his
or her guardian, or to the issuing agency.
| ||||||
| 10 | (r) The Department shall promulgate regulations | ||||||
| 11 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
| 12 | Department or its agent names and
addresses of all persons who | ||||||
| 13 | have applied for and have been approved for
adoption of a | ||||||
| 14 | hard-to-place child or child with a disability and the names of | ||||||
| 15 | such
children who have not been placed for adoption. A list of | ||||||
| 16 | such names and
addresses shall be maintained by the Department | ||||||
| 17 | or its agent, and coded
lists which maintain the | ||||||
| 18 | confidentiality of the person seeking to adopt the
child and of | ||||||
| 19 | the child shall be made available, without charge, to every
| ||||||
| 20 | adoption agency in the State to assist the agencies in placing | ||||||
| 21 | such
children for adoption. The Department may delegate to an | ||||||
| 22 | agent its duty to
maintain and make available such lists. The | ||||||
| 23 | Department shall ensure that
such agent maintains the | ||||||
| 24 | confidentiality of the person seeking to adopt the
child and of | ||||||
| 25 | the child.
| ||||||
| 26 | (s) The Department of Children and Family Services may | ||||||
| |||||||
| |||||||
| 1 | establish and
implement a program to reimburse Department and | ||||||
| 2 | private child welfare
agency foster parents licensed by the | ||||||
| 3 | Department of Children and Family
Services for damages | ||||||
| 4 | sustained by the foster parents as a result of the
malicious or | ||||||
| 5 | negligent acts of foster children, as well as providing third
| ||||||
| 6 | party coverage for such foster parents with regard to actions | ||||||
| 7 | of foster
children to other individuals. Such coverage will be | ||||||
| 8 | secondary to the
foster parent liability insurance policy, if | ||||||
| 9 | applicable. The program shall
be funded through appropriations | ||||||
| 10 | from the General Revenue Fund,
specifically designated for such | ||||||
| 11 | purposes.
| ||||||
| 12 | (t) The Department shall perform home studies and | ||||||
| 13 | investigations and
shall exercise supervision over visitation | ||||||
| 14 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
| 15 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
| 16 | (1) an order entered by an Illinois court specifically
| ||||||
| 17 | directs the Department to perform such services; and
| ||||||
| 18 | (2) the court has ordered one or both of the parties to
| ||||||
| 19 | the proceeding to reimburse the Department for its | ||||||
| 20 | reasonable costs for
providing such services in accordance | ||||||
| 21 | with Department rules, or has
determined that neither party | ||||||
| 22 | is financially able to pay.
| ||||||
| 23 | The Department shall provide written notification to the | ||||||
| 24 | court of the
specific arrangements for supervised visitation | ||||||
| 25 | and projected monthly costs
within 60 days of the court order. | ||||||
| 26 | The Department shall send to the court
information related to | ||||||
| |||||||
| |||||||
| 1 | the costs incurred except in cases where the court
has | ||||||
| 2 | determined the parties are financially unable to pay. The court | ||||||
| 3 | may
order additional periodic reports as appropriate.
| ||||||
| 4 | (u) In addition to other information that must be provided, | ||||||
| 5 | whenever the Department places a child with a prospective | ||||||
| 6 | adoptive parent or parents, or in a licensed foster home,
group | ||||||
| 7 | home, or child care institution, or in a relative home, the | ||||||
| 8 | Department
shall provide to the prospective adoptive parent or | ||||||
| 9 | parents or other caretaker:
| ||||||
| 10 | (1) available detailed information concerning the | ||||||
| 11 | child's educational
and health history, copies of | ||||||
| 12 | immunization records (including insurance
and medical card | ||||||
| 13 | information), a history of the child's previous | ||||||
| 14 | placements,
if any, and reasons for placement changes | ||||||
| 15 | excluding any information that
identifies or reveals the | ||||||
| 16 | location of any previous caretaker;
| ||||||
| 17 | (2) a copy of the child's portion of the client service | ||||||
| 18 | plan, including
any visitation arrangement, and all | ||||||
| 19 | amendments or revisions to it as
related to the child; and
| ||||||
| 20 | (3) information containing details of the child's | ||||||
| 21 | individualized
educational plan when the child is | ||||||
| 22 | receiving special education services.
| ||||||
| 23 | The caretaker shall be informed of any known social or | ||||||
| 24 | behavioral
information (including, but not limited to, | ||||||
| 25 | criminal background, fire
setting, perpetuation of
sexual | ||||||
| 26 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
| |||||||
| |||||||
| 1 | care
for and safeguard the children to be placed or currently | ||||||
| 2 | in the home. The Department may prepare a written summary of | ||||||
| 3 | the information required by this paragraph, which may be | ||||||
| 4 | provided to the foster or prospective adoptive parent in | ||||||
| 5 | advance of a placement. The foster or prospective adoptive | ||||||
| 6 | parent may review the supporting documents in the child's file | ||||||
| 7 | in the presence of casework staff. In the case of an emergency | ||||||
| 8 | placement, casework staff shall at least provide known | ||||||
| 9 | information verbally, if necessary, and must subsequently | ||||||
| 10 | provide the information in writing as required by this | ||||||
| 11 | subsection.
| ||||||
| 12 | The information described in this subsection shall be | ||||||
| 13 | provided in writing. In the case of emergency placements when | ||||||
| 14 | time does not allow prior review, preparation, and collection | ||||||
| 15 | of written information, the Department shall provide such | ||||||
| 16 | information as it becomes available. Within 10 business days | ||||||
| 17 | after placement, the Department shall obtain from the | ||||||
| 18 | prospective adoptive parent or parents or other caretaker a | ||||||
| 19 | signed verification of receipt of the information provided. | ||||||
| 20 | Within 10 business days after placement, the Department shall | ||||||
| 21 | provide to the child's guardian ad litem a copy of the | ||||||
| 22 | information provided to the prospective adoptive parent or | ||||||
| 23 | parents or other caretaker. The information provided to the | ||||||
| 24 | prospective adoptive parent or parents or other caretaker shall | ||||||
| 25 | be reviewed and approved regarding accuracy at the supervisory | ||||||
| 26 | level.
| ||||||
| |||||||
| |||||||
| 1 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
| 2 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
| 3 | of 1969 shall be eligible to
receive foster care payments from | ||||||
| 4 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
| 5 | were approved pursuant to approved
relative placement rules | ||||||
| 6 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
| 7 | 335 and had submitted an application for licensure as a foster | ||||||
| 8 | family
home may continue to receive foster care payments only | ||||||
| 9 | until the Department
determines that they may be licensed as a | ||||||
| 10 | foster family home or that their
application for licensure is | ||||||
| 11 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
| 12 | (v) The Department shall access criminal history record | ||||||
| 13 | information
as defined in the Illinois Uniform Conviction | ||||||
| 14 | Information Act and information
maintained in the adjudicatory | ||||||
| 15 | and dispositional record system as defined in
Section 2605-355 | ||||||
| 16 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
| 17 | if the Department determines the information is necessary to | ||||||
| 18 | perform its duties
under the Abused and Neglected Child | ||||||
| 19 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
| 20 | Family Services Act. The Department shall provide for
| ||||||
| 21 | interactive computerized communication and processing | ||||||
| 22 | equipment that permits
direct on-line communication with the | ||||||
| 23 | Department of State Police's central
criminal history data | ||||||
| 24 | repository. The Department shall comply with all
certification | ||||||
| 25 | requirements and provide certified operators who have been
| ||||||
| 26 | trained by personnel from the Department of State Police. In | ||||||
| |||||||
| |||||||
| 1 | addition, one
Office of the Inspector General investigator | ||||||
| 2 | shall have training in the use of
the criminal history | ||||||
| 3 | information access system and have
access to the terminal. The | ||||||
| 4 | Department of Children and Family Services and its
employees | ||||||
| 5 | shall abide by rules and regulations established by the | ||||||
| 6 | Department of
State Police relating to the access and | ||||||
| 7 | dissemination of
this information.
| ||||||
| 8 | (v-1) Prior to final approval for placement of a child, the | ||||||
| 9 | Department shall conduct a criminal records background check of | ||||||
| 10 | the prospective foster or adoptive parent, including | ||||||
| 11 | fingerprint-based checks of national crime information | ||||||
| 12 | databases. Final approval for placement shall not be granted if | ||||||
| 13 | the record check reveals a felony conviction for child abuse or | ||||||
| 14 | neglect, for spousal abuse, for a crime against children, or | ||||||
| 15 | for a crime involving violence, including rape, sexual assault, | ||||||
| 16 | or homicide, but not including other physical assault or | ||||||
| 17 | battery, or if there is a felony conviction for physical | ||||||
| 18 | assault, battery, or a drug-related offense committed within | ||||||
| 19 | the past 5 years. | ||||||
| 20 | (v-2) Prior to final approval for placement of a child, the | ||||||
| 21 | Department shall check its child abuse and neglect registry for | ||||||
| 22 | information concerning prospective foster and adoptive | ||||||
| 23 | parents, and any adult living in the home. If any prospective | ||||||
| 24 | foster or adoptive parent or other adult living in the home has | ||||||
| 25 | resided in another state in the preceding 5 years, the | ||||||
| 26 | Department shall request a check of that other state's child | ||||||
| |||||||
| |||||||
| 1 | abuse and neglect registry.
| ||||||
| 2 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
| 3 | of Public Act
89-392), the Department shall prepare and submit | ||||||
| 4 | to the Governor and the
General Assembly, a written plan for | ||||||
| 5 | the development of in-state licensed
secure child care | ||||||
| 6 | facilities that care for children who are in need of secure
| ||||||
| 7 | living
arrangements for their health, safety, and well-being. | ||||||
| 8 | For purposes of this
subsection, secure care facility shall | ||||||
| 9 | mean a facility that is designed and
operated to ensure that | ||||||
| 10 | all entrances and exits from the facility, a building
or a | ||||||
| 11 | distinct part of the building, are under the exclusive control | ||||||
| 12 | of the
staff of the facility, whether or not the child has the | ||||||
| 13 | freedom of movement
within the perimeter of the facility, | ||||||
| 14 | building, or distinct part of the
building. The plan shall | ||||||
| 15 | include descriptions of the types of facilities that
are needed | ||||||
| 16 | in Illinois; the cost of developing these secure care | ||||||
| 17 | facilities;
the estimated number of placements; the potential | ||||||
| 18 | cost savings resulting from
the movement of children currently | ||||||
| 19 | out-of-state who are projected to be
returned to Illinois; the | ||||||
| 20 | necessary geographic distribution of these
facilities in | ||||||
| 21 | Illinois; and a proposed timetable for development of such
| ||||||
| 22 | facilities. | ||||||
| 23 | (x) The Department shall conduct annual credit history | ||||||
| 24 | checks to determine the financial history of children placed | ||||||
| 25 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
| 26 | 1987. The Department shall conduct such credit checks starting | ||||||
| |||||||
| |||||||
| 1 | when a youth in care turns 12 years old and each year | ||||||
| 2 | thereafter for the duration of the guardianship as terminated | ||||||
| 3 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
| 4 | shall determine if financial exploitation of the child's | ||||||
| 5 | personal information has occurred. If financial exploitation | ||||||
| 6 | appears to have taken place or is presently ongoing, the | ||||||
| 7 | Department shall notify the proper law enforcement agency, the | ||||||
| 8 | proper State's Attorney, or the Attorney General. | ||||||
| 9 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
| 10 | Public Act 96-1189), a child with a disability who receives | ||||||
| 11 | residential and educational services from the Department shall | ||||||
| 12 | be eligible to receive transition services in accordance with | ||||||
| 13 | Article 14 of the School Code from the age of 14.5 through age | ||||||
| 14 | 21, inclusive, notwithstanding the child's residential | ||||||
| 15 | services arrangement. For purposes of this subsection, "child | ||||||
| 16 | with a disability" means a child with a disability as defined | ||||||
| 17 | by the federal Individuals with Disabilities Education | ||||||
| 18 | Improvement Act of 2004. | ||||||
| 19 | (z) The Department shall access criminal history record | ||||||
| 20 | information as defined as "background information" in this | ||||||
| 21 | subsection and criminal history record information as defined | ||||||
| 22 | in the Illinois Uniform Conviction Information Act for each | ||||||
| 23 | Department employee or Department applicant. Each Department | ||||||
| 24 | employee or Department applicant shall submit his or her | ||||||
| 25 | fingerprints to the Department of State Police in the form and | ||||||
| 26 | manner prescribed by the Department of State Police. These | ||||||
| |||||||
| |||||||
| 1 | fingerprints shall be checked against the fingerprint records | ||||||
| 2 | now and hereafter filed in the Department of State Police and | ||||||
| 3 | the Federal Bureau of Investigation criminal history records | ||||||
| 4 | databases. The Department of State Police shall charge a fee | ||||||
| 5 | for conducting the criminal history record check, which shall | ||||||
| 6 | be deposited into the State Police Services Fund and shall not | ||||||
| 7 | exceed the actual cost of the record check. The Department of | ||||||
| 8 | State Police shall furnish, pursuant to positive | ||||||
| 9 | identification, all Illinois conviction information to the | ||||||
| 10 | Department of Children and Family Services. | ||||||
| 11 | For purposes of this subsection: | ||||||
| 12 | "Background information" means all of the following: | ||||||
| 13 | (i) Upon the request of the Department of Children and | ||||||
| 14 | Family Services, conviction information obtained from the | ||||||
| 15 | Department of State Police as a result of a | ||||||
| 16 | fingerprint-based criminal history records check of the | ||||||
| 17 | Illinois criminal history records database and the Federal | ||||||
| 18 | Bureau of Investigation criminal history records database | ||||||
| 19 | concerning a Department employee or Department applicant. | ||||||
| 20 | (ii) Information obtained by the Department of | ||||||
| 21 | Children and Family Services after performing a check of | ||||||
| 22 | the Department of State Police's Sex Offender Database, as | ||||||
| 23 | authorized by Section 120 of the Sex Offender Community | ||||||
| 24 | Notification Law, concerning a Department employee or | ||||||
| 25 | Department applicant. | ||||||
| 26 | (iii) Information obtained by the Department of | ||||||
| |||||||
| |||||||
| 1 | Children and Family Services after performing a check of | ||||||
| 2 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
| 3 | operated and maintained by the Department. | ||||||
| 4 | "Department employee" means a full-time or temporary | ||||||
| 5 | employee coded or certified within the State of Illinois | ||||||
| 6 | Personnel System. | ||||||
| 7 | "Department applicant" means an individual who has | ||||||
| 8 | conditional Department full-time or part-time work, a | ||||||
| 9 | contractor, an individual used to replace or supplement staff, | ||||||
| 10 | an academic intern, a volunteer in Department offices or on | ||||||
| 11 | Department contracts, a work-study student, an individual or | ||||||
| 12 | entity licensed by the Department, or an unlicensed service | ||||||
| 13 | provider who works as a condition of a contract or an agreement | ||||||
| 14 | and whose work may bring the unlicensed service provider into | ||||||
| 15 | contact with Department clients or client records. | ||||||
| 16 | (Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; | ||||||
| 17 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff. | ||||||
| 18 | 8-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81, | ||||||
| 19 | eff. 7-12-19; revised 8-1-19.)
| ||||||
| 20 | (20 ILCS 505/42) | ||||||
| 21 | Sec. 42. Foster care survey. The Department, in | ||||||
| 22 | coordination with the Foster Care
Alumni of America Illinois | ||||||
| 23 | Chapter, the School of Social Work at the University of | ||||||
| 24 | Illinois at Urbana-Champaign, and the Department's Statewide | ||||||
| 25 | Youth Advisory Board, shall develop and process a standardized | ||||||
| |||||||
| |||||||
| 1 | survey to
gather feedback from children who are aging out of | ||||||
| 2 | foster care and from children who have transitioned out of the
| ||||||
| 3 | foster care system. The survey shall include requests for | ||||||
| 4 | information regarding the children's
experience with and | ||||||
| 5 | opinion of State foster care services, the children's | ||||||
| 6 | recommendations for improvement
of such services, the amount of | ||||||
| 7 | time the children spent in the foster care system, and any | ||||||
| 8 | other
information deemed relevant by the Department. After the | ||||||
| 9 | survey is created
the Department shall circulate the survey to | ||||||
| 10 | all youth participating in transitional living programs, | ||||||
| 11 | independent living programs, or Youth in College and to all | ||||||
| 12 | youth receiving scholarships or tuition waivers under the DCFS | ||||||
| 13 | Scholarship
Program. The Department shall conduct the survey | ||||||
| 14 | every 5 years. At the completion of each survey, the | ||||||
| 15 | Department, in coordination with the Foster Care Alumni of | ||||||
| 16 | America Illinois Chapter, the School of Social Work at the | ||||||
| 17 | University of Illinois at Urbana-Champaign, and the | ||||||
| 18 | Department's Statewide Youth Advisory Board, shall submit a | ||||||
| 19 | report with a detailed review of the survey results to the | ||||||
| 20 | Governor and the General Assembly. The first report shall be | ||||||
| 21 | submitted no later than December 1, 2021 and every 5 years | ||||||
| 22 | thereafter.
| ||||||
| 23 | (Source: P.A. 101-166, eff. 1-1-20.)
| ||||||
| 24 | (20 ILCS 505/43) | ||||||
| 25 | Sec. 43 42. Intergovernmental agreement; transitioning | ||||||
| |||||||
| |||||||
| 1 | youth in care. | ||||||
| 2 | (a) In order to intercept and divert youth in care from | ||||||
| 3 | experiencing homelessness, incarceration, unemployment, and | ||||||
| 4 | other similar outcomes, within 180 days after July 26, 2019 | ||||||
| 5 | (the effective date of Public Act 101-167) this amendatory Act | ||||||
| 6 | of the 101st General Assembly, the Department of Children and | ||||||
| 7 | Family Services, the Department of Human Services, the | ||||||
| 8 | Department of Healthcare and Family Services, the Illinois | ||||||
| 9 | State Board of Education, the Department of Juvenile Justice, | ||||||
| 10 | the Department of Corrections, the Illinois Urban Development | ||||||
| 11 | Authority, and the Department of Public Health shall enter into | ||||||
| 12 | an interagency agreement for the purpose of providing | ||||||
| 13 | preventive services to youth in care and young adults who are | ||||||
| 14 | aging out of or have recently aged out of the custody or | ||||||
| 15 | guardianship of the Department of Children and Family Services. | ||||||
| 16 | (b) The intergovernmental agreement shall require the | ||||||
| 17 | agencies listed in subsection (a) to: (i) establish an | ||||||
| 18 | interagency liaison to review cases of youth in care and young | ||||||
| 19 | adults who are at risk of homelessness, incarceration, or other | ||||||
| 20 | similar outcomes; and (ii) connect such youth in care and young | ||||||
| 21 | adults to the appropriate supportive services and treatment | ||||||
| 22 | programs to stabilize them during their transition out of State | ||||||
| 23 | care. Under the interagency agreement, the agencies listed in | ||||||
| 24 | subsection (a) shall determine how best to provide the | ||||||
| 25 | following supportive services to youth in care and young adults | ||||||
| 26 | who are at risk of homelessness, incarceration, or other | ||||||
| |||||||
| |||||||
| 1 | similar outcomes: | ||||||
| 2 | (1) Housing support. | ||||||
| 3 | (2) Educational support. | ||||||
| 4 | (3) Employment support. | ||||||
| 5 | (c) On January 1, 2021, and each January 1 thereafter, the | ||||||
| 6 | agencies listed in subsection (a) shall submit a report to the | ||||||
| 7 | General Assembly on the following: | ||||||
| 8 | (1) The number of youth in care and young adults who | ||||||
| 9 | were intercepted during the reporting period and the | ||||||
| 10 | supportive services and treatment programs they were | ||||||
| 11 | connected with to prevent homelessness, incarnation, or | ||||||
| 12 | other negative outcomes. | ||||||
| 13 | (2) The duration of the services the youth in care and | ||||||
| 14 | young adults received in order to stabilize them during | ||||||
| 15 | their transition out of State care. | ||||||
| 16 | (d) Outcomes and data reported annually to the General | ||||||
| 17 | Assembly. On January 1, 2021 and each January 1 thereafter, the | ||||||
| 18 | Department of Children and Family Services shall submit a | ||||||
| 19 | report to the General Assembly on the following: | ||||||
| 20 | (1) The number of youth in care and young adults who | ||||||
| 21 | are aging out or have aged out of State care during the | ||||||
| 22 | reporting period. | ||||||
| 23 | (2) The length and type of services that were offered | ||||||
| 24 | to the youth in care and young adults reported under | ||||||
| 25 | paragraph (1) and the status of those youth in care and | ||||||
| 26 | young adults.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-167, eff. 7-26-19; revised 9-17-19.)
| ||||||
| 2 | Section 90. The Statewide Foster Care Advisory Council Law | ||||||
| 3 | is amended by changing Section 5-20 as follows:
| ||||||
| 4 | (20 ILCS 525/5-20)
| ||||||
| 5 | Sec. 5-20. Meetings.
| ||||||
| 6 | (a) Regular meetings of the Statewide Foster Care Advisory | ||||||
| 7 | Council shall be
held at least quarterly. The meetings shall | ||||||
| 8 | take place at locations, dates, and
times determined by the | ||||||
| 9 | Chairperson of the Advisory Council after consultation
with | ||||||
| 10 | members of the Advisory Council and the Director or the | ||||||
| 11 | designated
Department staff member.
| ||||||
| 12 | It shall be the responsibility of the designated Department | ||||||
| 13 | staff member at
the direction of the Chairperson to give | ||||||
| 14 | notices of the location, dates, and
time of meetings to each | ||||||
| 15 | member of the Advisory Council, to the Director,
and to staff | ||||||
| 16 | consultants at least 30 days prior to each meeting.
| ||||||
| 17 | Notice of all scheduled meetings shall be in full | ||||||
| 18 | compliance with the
Illinois Open Meetings Act.
| ||||||
| 19 | (b) Special meetings of the Advisory Council may be called | ||||||
| 20 | by the
Chairperson after consultation with members of the | ||||||
| 21 | Council and the Director
or the designated Department staff | ||||||
| 22 | member, provided that:
| ||||||
| 23 | (1) at least 7 days' notice by mail is given the | ||||||
| 24 | membership;
| ||||||
| |||||||
| |||||||
| 1 | (2) the notice sets forth the purpose or purposes of | ||||||
| 2 | the meeting; and
| ||||||
| 3 | (3) no business is transacted other than that specified | ||||||
| 4 | in the
notice.
| ||||||
| 5 | (c) An agenda of scheduled business for deliberation shall | ||||||
| 6 | be developed in
coordination with the Department and the | ||||||
| 7 | Chairperson and distributed to the
members of the Advisory | ||||||
| 8 | Council at least 7 days prior to a scheduled
meeting of the | ||||||
| 9 | Council.
| ||||||
| 10 | (d) If a member is absent from 2 consecutive meetings or | ||||||
| 11 | has not
continued to make a significant contribution as | ||||||
| 12 | evidenced by involvement in
council activities, membership | ||||||
| 13 | termination may be recommended by the
Chairperson to the | ||||||
| 14 | Director. The member shall be terminated and notified in
| ||||||
| 15 | writing. Members shall submit written confirmation of good | ||||||
| 16 | cause to the
Chairperson or designated Department staff member | ||||||
| 17 | when a meeting has been
missed.
| ||||||
| 18 | (Source: P.A. 89-19, eff. 6-3-95; revised 7-12-19.)
| ||||||
| 19 | Section 95. The Department of Commerce and Economic | ||||||
| 20 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
| 21 | amended by renumbering and changing Section 913 and by setting | ||||||
| 22 | forth and
renumbering multiple versions of Section 605-1025 as | ||||||
| 23 | follows:
| ||||||
| 24 | (20 ILCS 605/605-913) | ||||||
| |||||||
| |||||||
| 1 | Sec. 605-913 913. Clean Water Workforce Pipeline Program. | ||||||
| 2 | (a) The General Assembly finds the following: | ||||||
| 3 | (1) The fresh surface water and groundwater supply in | ||||||
| 4 | Illinois and Lake Michigan constitute vital natural | ||||||
| 5 | resources that require careful stewardship and protection | ||||||
| 6 | for future generations. Access to safe and clean drinking | ||||||
| 7 | water is the right of all Illinois residents. | ||||||
| 8 | (2) To adequately protect these resources and provide | ||||||
| 9 | safe and clean drinking water, substantial investment is | ||||||
| 10 | needed to replace lead components in drinking water | ||||||
| 11 | infrastructure, improve wastewater treatment, flood | ||||||
| 12 | control, and stormwater management, control aquatic | ||||||
| 13 | invasive species, implement green infrastructure | ||||||
| 14 | solutions, and implement other infrastructure solutions to | ||||||
| 15 | protect water quality. | ||||||
| 16 | (3) Implementing these clean water solutions will | ||||||
| 17 | require a skilled and trained workforce, and new | ||||||
| 18 | investments will demand additional workers with | ||||||
| 19 | specialized skills. | ||||||
| 20 | (4) Water infrastructure jobs have been shown to | ||||||
| 21 | provide living wages and contribute to Illinois' economy. | ||||||
| 22 | (5) Significant populations of Illinois residents, | ||||||
| 23 | including, but not limited to, residents of environmental | ||||||
| 24 | justice communities, economically and socially | ||||||
| 25 | disadvantaged communities, those returning from the | ||||||
| 26 | criminal justice system, foster care alumni, and in | ||||||
| |||||||
| |||||||
| 1 | particular women and transgender persons, are in need of | ||||||
| 2 | access to skilled living wage jobs like those in the water | ||||||
| 3 | infrastructure sector. | ||||||
| 4 | (6) Many of these residents are more likely to live in | ||||||
| 5 | communities with aging and inadequate clean water | ||||||
| 6 | infrastructure and suffer from threats to surface and | ||||||
| 7 | drinking water quality. | ||||||
| 8 | (7) The State can provide significant economic | ||||||
| 9 | opportunities to these residents and achieve greater | ||||||
| 10 | environmental and public health by investing in clean water | ||||||
| 11 | infrastructure. | ||||||
| 12 | (8) New training, recruitment, support, and placement | ||||||
| 13 | efforts are needed to connect these residents with career | ||||||
| 14 | opportunities in water infrastructure. | ||||||
| 15 | (9) The State must invest in both clean water | ||||||
| 16 | infrastructure and workforce development efforts in order | ||||||
| 17 | to achieve these goals. | ||||||
| 18 | (b) From appropriations made from the Build Illinois Bond | ||||||
| 19 | Fund, Capital Development Fund, or General Revenue Fund or | ||||||
| 20 | other funds as identified by the Department, the Department | ||||||
| 21 | shall create a Clean Water Workforce Pipeline Program to | ||||||
| 22 | provide grants and other financial assistance to prepare and | ||||||
| 23 | support individuals for careers in water infrastructure. All | ||||||
| 24 | funding provided by the Program under this Section shall be | ||||||
| 25 | designed to encourage and facilitate employment in projects | ||||||
| 26 | funded through State capital investment and provide | ||||||
| |||||||
| |||||||
| 1 | participants a skill set to allow them to work professionally | ||||||
| 2 | in fields related to water infrastructure. | ||||||
| 3 | Grants and other financial assistance may be made available | ||||||
| 4 | on a competitive annual basis to organizations that demonstrate | ||||||
| 5 | a capacity to recruit, support, train, and place individuals in | ||||||
| 6 | water infrastructure careers, including, but not limited to, | ||||||
| 7 | community organizations, educational institutions, workforce | ||||||
| 8 | investment boards, community action agencies, and multi-craft | ||||||
| 9 | labor organizations for new efforts specifically focused on | ||||||
| 10 | engaging residents of environmental justice communities, | ||||||
| 11 | economically and socially disadvantaged communities, those | ||||||
| 12 | returning from the criminal justice system, foster care alumni, | ||||||
| 13 | and in particular women and transgender persons in these | ||||||
| 14 | populations. | ||||||
| 15 | Grants and other financial assistance shall be awarded on a | ||||||
| 16 | competitive and annual basis for the following activities: | ||||||
| 17 | (1) identification of individuals for job training in | ||||||
| 18 | the water sector; | ||||||
| 19 | (2) counseling, preparation, skills training, and | ||||||
| 20 | other support to increase a candidate's likelihood of | ||||||
| 21 | success in a job training program and career; | ||||||
| 22 | (3) financial support for individuals in a water sector | ||||||
| 23 | job skills training program, support services, and | ||||||
| 24 | transportation assistance tied to training under this | ||||||
| 25 | Section; | ||||||
| 26 | (4) job placement services for individuals during and | ||||||
| |||||||
| |||||||
| 1 | after completion of water sector job skills training | ||||||
| 2 | programs; and | ||||||
| 3 | (5) financial, administrative, and management | ||||||
| 4 | assistance for organizations engaged in these activities. | ||||||
| 5 | (c) It shall be an annual goal of the Program to train and | ||||||
| 6 | place at least 300, or 25% of the number of annual jobs created | ||||||
| 7 | by State financed water infrastructure projects, whichever is | ||||||
| 8 | greater, of the following persons in water sector-related | ||||||
| 9 | apprenticeships annually: residents of environmental justice | ||||||
| 10 | communities; residents of economically and socially | ||||||
| 11 | disadvantaged communities; those returning from the criminal | ||||||
| 12 | justice system; foster care alumni; and, in particular, women | ||||||
| 13 | and transgender persons. In awarding and administering grants | ||||||
| 14 | under this Program, the Department shall strive to provide | ||||||
| 15 | assistance equitably throughout the State. | ||||||
| 16 | In order to encourage the employment of individuals trained | ||||||
| 17 | through the Program onto projects receiving State financial | ||||||
| 18 | assistance, the Department shall coordinate with the Illinois | ||||||
| 19 | Environmental Protection Agency, the Illinois Finance | ||||||
| 20 | Authority, and other State agencies that provide financial | ||||||
| 21 | support for water infrastructure projects. These agencies | ||||||
| 22 | shall take steps to support attaining the training and | ||||||
| 23 | placement goals set forth in this subsection, using a list of | ||||||
| 24 | projects that receive State financial support. These agencies | ||||||
| 25 | may propose and adopt rules to facilitate the attainment of | ||||||
| 26 | this goal. | ||||||
| |||||||
| |||||||
| 1 | Using funds appropriated for the purposes of this Section, | ||||||
| 2 | the Department may select through a competitive bidding process | ||||||
| 3 | a Program Administrator to oversee the allocation of funds and | ||||||
| 4 | select organizations that receive funding. | ||||||
| 5 | Recipients of grants under the Program shall report | ||||||
| 6 | annually to the Department on the success of their efforts and | ||||||
| 7 | their contribution to reaching the goals of the Program | ||||||
| 8 | provided in this subsection. The Department shall compile this | ||||||
| 9 | information and annually report to the General Assembly on the | ||||||
| 10 | Program, including, but not limited to, the following | ||||||
| 11 | information: | ||||||
| 12 | (1) progress toward the goals stated in this | ||||||
| 13 | subsection; | ||||||
| 14 | (2) any increase in the percentage of water industry | ||||||
| 15 | jobs in targeted populations; | ||||||
| 16 | (3) any increase in the rate of acceptance, completion, | ||||||
| 17 | or retention of water training programs among targeted | ||||||
| 18 | populations; | ||||||
| 19 | (4) any increase in the rate of employment, including | ||||||
| 20 | hours and annual income, measured against pre-Program | ||||||
| 21 | participant income; and | ||||||
| 22 | (5) any recommendations for future changes to optimize | ||||||
| 23 | the success of the Program. | ||||||
| 24 | (d) Within 90 days after January 1, 2020 (the effective | ||||||
| 25 | date of Public Act 101-576) this amendatory Act of the 101st | ||||||
| 26 | General Assembly, the Department shall propose a draft plan to | ||||||
| |||||||
| |||||||
| 1 | implement this Section for public comment. The Department shall | ||||||
| 2 | allow a minimum of 60 days for public comment on the plan, | ||||||
| 3 | including one or more public hearings, if requested. The | ||||||
| 4 | Department shall finalize the plan within 180 days of January | ||||||
| 5 | 1, 2020 (the effective date of Public Act 101-576) this | ||||||
| 6 | amendatory Act of the 101st General Assembly. | ||||||
| 7 | The Department may propose and adopt any rules necessary | ||||||
| 8 | for the implementation of the Program and to ensure compliance | ||||||
| 9 | with this Section. | ||||||
| 10 | (e) The Water Workforce Development Fund is created as a | ||||||
| 11 | special fund in the State treasury. The Fund shall receive | ||||||
| 12 | moneys appropriated for the purpose of this Section from the | ||||||
| 13 | Build Illinois Bond Fund, the Capital Development Fund, the | ||||||
| 14 | General Revenue Fund and any other funds. Moneys in the Fund | ||||||
| 15 | shall only be used to fund the Program and to assist and enable | ||||||
| 16 | implementation of clean water infrastructure capital | ||||||
| 17 | investments. Notwithstanding any other law to the contrary, the | ||||||
| 18 | Water Workforce Development Fund is not subject to sweeps, | ||||||
| 19 | administrative charge-backs, or any other fiscal or budgetary | ||||||
| 20 | maneuver that would in any way transfer any amounts from the | ||||||
| 21 | Water Workforce Development Fund into any other fund of the | ||||||
| 22 | State. | ||||||
| 23 | (f) For purpose of this Section: | ||||||
| 24 | "Environmental justice community" has the meaning provided | ||||||
| 25 | in subsection (b) of Section 1-50 of the Illinois Power Agency | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | "Multi-craft labor organization" means a joint | ||||||
| 2 | labor-management apprenticeship program registered with and | ||||||
| 3 | approved by the United States Department of Labor's Office of | ||||||
| 4 | Apprenticeship or a labor organization that has an accredited | ||||||
| 5 | training program through the Higher Learning Commission or the | ||||||
| 6 | Illinois Community College Board. | ||||||
| 7 | "Organization" means a corporation, company, partnership, | ||||||
| 8 | association, society, order, labor organization, or individual | ||||||
| 9 | or aggregation of individuals.
| ||||||
| 10 | (Source: P.A. 101-576, eff. 1-1-20; revised 11-21-19.)
| ||||||
| 11 | (20 ILCS 605/605-1025) | ||||||
| 12 | Sec. 605-1025. Data center investment. | ||||||
| 13 | (a) The Department shall issue certificates of exemption | ||||||
| 14 | from the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
| 15 | Service Use Tax Act, and the Service Occupation Tax Act, all | ||||||
| 16 | locally-imposed retailers' occupation taxes administered and | ||||||
| 17 | collected by the Department, the Chicago non-titled Use Tax, | ||||||
| 18 | and a credit certification against the taxes imposed under | ||||||
| 19 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
| 20 | Tax Act to qualifying Illinois data centers. | ||||||
| 21 | (b) For taxable years beginning on or after January 1, | ||||||
| 22 | 2019, the Department shall award credits against the taxes | ||||||
| 23 | imposed under subsections (a) and (b) of Section 201 of the | ||||||
| 24 | Illinois Income Tax Act as provided in Section 229 of the | ||||||
| 25 | Illinois Income Tax Act. | ||||||
| |||||||
| |||||||
| 1 | (c) For purposes of this Section: | ||||||
| 2 | "Data center" means a facility: (1) whose primary | ||||||
| 3 | services are the storage, management, and processing of | ||||||
| 4 | digital data; and (2) that is used to house (i) computer | ||||||
| 5 | and network systems, including associated components such | ||||||
| 6 | as servers, network equipment and appliances, | ||||||
| 7 | telecommunications, and data storage systems, (ii) systems | ||||||
| 8 | for monitoring and managing infrastructure performance, | ||||||
| 9 | (iii) Internet-related equipment and services, (iv) data | ||||||
| 10 | communications connections, (v) environmental controls, | ||||||
| 11 | (vi) fire protection systems, and (vii) security systems | ||||||
| 12 | and services. | ||||||
| 13 | "Qualifying Illinois data center" means a new or | ||||||
| 14 | existing data center that: | ||||||
| 15 | (1) is located in the State of Illinois; | ||||||
| 16 | (2) in the case of an existing data center, made a | ||||||
| 17 | capital investment of at least $250,000,000 | ||||||
| 18 | collectively by the data center operator and the | ||||||
| 19 | tenants of the data center over the 60-month period | ||||||
| 20 | immediately prior to January 1, 2020 or committed to | ||||||
| 21 | make a capital investment of at least $250,000,000 over | ||||||
| 22 | a 60-month period commencing before January 1, 2020 and | ||||||
| 23 | ending after January 1, 2020; or | ||||||
| 24 | (3) in the case of a new data center, or an | ||||||
| 25 | existing data center making an upgrade, makes a capital | ||||||
| 26 | investment of at least $250,000,000 over a 60-month | ||||||
| |||||||
| |||||||
| 1 | period beginning on or after January 1, 2020; and | ||||||
| 2 | (4) in the case of both existing and new data | ||||||
| 3 | centers, results in the creation of at least 20 | ||||||
| 4 | full-time or full-time equivalent new jobs over a | ||||||
| 5 | period of 60 months by the data center operator and the | ||||||
| 6 | tenants of the data center, collectively, associated | ||||||
| 7 | with the operation or maintenance of the data center; | ||||||
| 8 | those jobs must have a total compensation equal to or | ||||||
| 9 | greater than 120% of the average wage paid to full-time | ||||||
| 10 | employees in the county where the data center is | ||||||
| 11 | located, as determined by the U.S. Bureau of Labor | ||||||
| 12 | Statistics; and | ||||||
| 13 | (5) within 90 days after being placed in service, | ||||||
| 14 | certifies to the Department that it is carbon neutral | ||||||
| 15 | or has attained certification under one or more of the | ||||||
| 16 | following green building standards: | ||||||
| 17 | (A) BREEAM for New Construction or BREEAM | ||||||
| 18 | In-Use; | ||||||
| 19 | (B) ENERGY STAR; | ||||||
| 20 | (C) Envision; | ||||||
| 21 | (D) ISO 50001-energy management; | ||||||
| 22 | (E) LEED for Building Design and Construction | ||||||
| 23 | or LEED for Operations and Maintenance; | ||||||
| 24 | (F) Green Globes for New Construction or Green | ||||||
| 25 | Globes for Existing Buildings; | ||||||
| 26 | (G) UL 3223; or | ||||||
| |||||||
| |||||||
| 1 | (H) an equivalent program approved by the | ||||||
| 2 | Department of Commerce and Economic Opportunity. | ||||||
| 3 | "Full-time equivalent job" means a job in which the new | ||||||
| 4 | employee works for the owner, operator, contractor, or | ||||||
| 5 | tenant of a data center or for a corporation under contract | ||||||
| 6 | with the owner, operator or tenant of a data center at a | ||||||
| 7 | rate of at least 35 hours per week. An owner, operator or | ||||||
| 8 | tenant who employs labor or services at a specific site or | ||||||
| 9 | facility under contract with another may declare one | ||||||
| 10 | full-time, permanent job for every 1,820 man hours worked | ||||||
| 11 | per year under that contract. Vacations, paid holidays, and | ||||||
| 12 | sick time are included in this computation. Overtime is not | ||||||
| 13 | considered a part of regular hours. | ||||||
| 14 | "Qualified tangible personal property" means: | ||||||
| 15 | electrical systems and equipment; climate control and | ||||||
| 16 | chilling equipment and systems; mechanical systems and | ||||||
| 17 | equipment; monitoring and secure systems; emergency | ||||||
| 18 | generators; hardware; computers; servers; data storage | ||||||
| 19 | devices; network connectivity equipment; racks; cabinets; | ||||||
| 20 | telecommunications cabling infrastructure; raised floor | ||||||
| 21 | systems; peripheral components or systems; software; | ||||||
| 22 | mechanical, electrical, or plumbing systems; battery | ||||||
| 23 | systems; cooling systems and towers; temperature control | ||||||
| 24 | systems; other cabling; and other data center | ||||||
| 25 | infrastructure equipment and systems necessary to operate | ||||||
| 26 | qualified tangible personal property, including fixtures; | ||||||
| |||||||
| |||||||
| 1 | and component parts of any of the foregoing, including | ||||||
| 2 | installation, maintenance, repair, refurbishment, and | ||||||
| 3 | replacement of qualified tangible personal property to | ||||||
| 4 | generate, transform, transmit, distribute, or manage | ||||||
| 5 | electricity necessary to operate qualified tangible | ||||||
| 6 | personal property; and all other tangible personal | ||||||
| 7 | property that is essential to the operations of a computer | ||||||
| 8 | data center. "Qualified tangible personal property" also | ||||||
| 9 | includes building materials physically incorporated in to | ||||||
| 10 | the qualifying data center. | ||||||
| 11 | To document the exemption allowed under this Section, the | ||||||
| 12 | retailer must obtain from the purchaser a copy of the | ||||||
| 13 | certificate of eligibility issued by the Department. | ||||||
| 14 | (d) New and existing data centers seeking a certificate of | ||||||
| 15 | exemption for new or existing facilities shall apply to the | ||||||
| 16 | Department in the manner specified by the Department. The | ||||||
| 17 | Department shall determine the duration of the certificate of | ||||||
| 18 | exemption awarded under this Act. The duration of the | ||||||
| 19 | certificate of exemption may not exceed 20 calendar years. The | ||||||
| 20 | Department and any data center seeking the exemption, including | ||||||
| 21 | a data center operator on behalf of itself and its tenants, | ||||||
| 22 | must enter into a memorandum of understanding that at a minimum | ||||||
| 23 | provides: | ||||||
| 24 | (1) the details for determining the amount of capital | ||||||
| 25 | investment to be made; | ||||||
| 26 | (2) the number of new jobs created; | ||||||
| |||||||
| |||||||
| 1 | (3) the timeline for achieving the capital investment | ||||||
| 2 | and new job goals; | ||||||
| 3 | (4) the repayment obligation should those goals not be | ||||||
| 4 | achieved and any conditions under which repayment by the | ||||||
| 5 | qualifying data center or data center tenant claiming the | ||||||
| 6 | exemption will be required; | ||||||
| 7 | (5) the duration of the exemption; and | ||||||
| 8 | (6) other provisions as deemed necessary by the | ||||||
| 9 | Department. | ||||||
| 10 | (e) Beginning July 1, 2021, and each year thereafter, the | ||||||
| 11 | Department shall annually report to the Governor and the | ||||||
| 12 | General Assembly on the outcomes and effectiveness of Public | ||||||
| 13 | Act 101-31 that shall include the following: | ||||||
| 14 | (1) the name of each recipient business; | ||||||
| 15 | (2) the location of the project; | ||||||
| 16 | (3) the estimated value of the credit; | ||||||
| 17 | (4) the number of new jobs and, if applicable, retained | ||||||
| 18 | jobs pledged as a result of the project; and | ||||||
| 19 | (5) whether or not the project is located in an | ||||||
| 20 | underserved area. | ||||||
| 21 | (f) New and existing data centers seeking a certificate of | ||||||
| 22 | exemption related to the rehabilitation or construction of data | ||||||
| 23 | centers in the State shall require the contractor and all | ||||||
| 24 | subcontractors to comply with the requirements of Section 30-22 | ||||||
| 25 | of the Illinois Procurement Code as they apply to responsible | ||||||
| 26 | bidders and to present satisfactory evidence of that compliance | ||||||
| |||||||
| |||||||
| 1 | to the Department. | ||||||
| 2 | (g) New and existing data centers seeking a certificate of | ||||||
| 3 | exemption for the rehabilitation or construction of data | ||||||
| 4 | centers in the State shall require the contractor to enter into | ||||||
| 5 | a project labor agreement approved by the Department. | ||||||
| 6 | (h) Any qualifying data center issued a certificate of | ||||||
| 7 | exemption under this Section must annually report to the | ||||||
| 8 | Department the total data center tax benefits that are received | ||||||
| 9 | by the business. Reports are due no later than May 31 of each | ||||||
| 10 | year and shall cover the previous calendar year. The first | ||||||
| 11 | report is for the 2019 calendar year and is due no later than | ||||||
| 12 | May 31, 2020. | ||||||
| 13 | To the extent that a business issued a certificate of | ||||||
| 14 | exemption under this Section has obtained an Enterprise Zone | ||||||
| 15 | Building Materials Exemption Certificate or a High Impact | ||||||
| 16 | Business Building Materials Exemption Certificate, no | ||||||
| 17 | additional reporting for those building materials exemption | ||||||
| 18 | benefits is required under this Section. | ||||||
| 19 | Failure to file a report under this subsection (h) may | ||||||
| 20 | result in suspension or revocation of the certificate of | ||||||
| 21 | exemption. Factors to be considered in determining whether a | ||||||
| 22 | data center certificate of exemption shall be suspended or | ||||||
| 23 | revoked include, but are not limited to, prior compliance with | ||||||
| 24 | the reporting requirements, cooperation in discontinuing and | ||||||
| 25 | correcting violations, the extent of the violation, and whether | ||||||
| 26 | the violation was willful or inadvertent. | ||||||
| |||||||
| |||||||
| 1 | (i) The Department shall not issue any new certificates of | ||||||
| 2 | exemption under the provisions of this Section after July 1, | ||||||
| 3 | 2029. This sunset shall not affect any existing certificates of | ||||||
| 4 | exemption in effect on July 1, 2029.
| ||||||
| 5 | (j) The Department shall adopt rules to implement and | ||||||
| 6 | administer this Section. | ||||||
| 7 | (Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
| ||||||
| 8 | (20 ILCS 605/605-1035) | ||||||
| 9 | Sec. 605-1035 605-1025. Training in the Building Trades | ||||||
| 10 | Program. | ||||||
| 11 | (a) Subject to appropriation, the Department of Commerce | ||||||
| 12 | and Economic Opportunity may establish a Training in the | ||||||
| 13 | Building Trades Program to award grants to community-based | ||||||
| 14 | organizations for the purpose of establishing training | ||||||
| 15 | programs for persons who are 18 through 35 years of age and | ||||||
| 16 | have an interest in the building trades. Persons eligible to | ||||||
| 17 | participate in the Program shall include youth who have aged | ||||||
| 18 | out of foster care and have an interest in the building trades. | ||||||
| 19 | The Department of Children and Family Services, in consultation | ||||||
| 20 | with the Department of Commerce and Economic Opportunity, shall | ||||||
| 21 | identify and refer eligible youth to those community-based | ||||||
| 22 | organizations that receive grants under this Section. Under the | ||||||
| 23 | training programs, each participating person shall receive the | ||||||
| 24 | following: | ||||||
| 25 | (1) Formal training and education in the fundamentals | ||||||
| |||||||
| |||||||
| 1 | and core competencies in the person's chosen trade. Such | ||||||
| 2 | training and education shall be provided by a trained and | ||||||
| 3 | skilled tradesman or journeyman who is a member of a trade | ||||||
| 4 | union and who is paid the general prevailing rate of hourly | ||||||
| 5 | wages in the locality in which the work is to be performed. | ||||||
| 6 | (2) Hands-on experience to further develop the | ||||||
| 7 | person's building trade skills by participating in | ||||||
| 8 | community improvement projects involving the | ||||||
| 9 | rehabilitation of vacant and abandoned residential | ||||||
| 10 | property in economically depressed areas of the State. | ||||||
| 11 | Selected organizations shall also use the grant money to | ||||||
| 12 | establish an entrepreneurship program to provide eligible | ||||||
| 13 | persons with the capital and business management skills | ||||||
| 14 | necessary to successfully launch their own businesses as | ||||||
| 15 | contractors, subcontractors, real estate agents, or property | ||||||
| 16 | managers or as any other entrepreneurs in the building trades. | ||||||
| 17 | Eligibility under the entrepreneurship program shall be | ||||||
| 18 | restricted to persons who reside in one of the economically | ||||||
| 19 | depressed areas selected to receive community improvement | ||||||
| 20 | projects in accordance with this subsection and who have | ||||||
| 21 | obtained the requisite skill set for a particular building | ||||||
| 22 | trade after successfully completing a training program | ||||||
| 23 | established in accordance with this subsection. Grants | ||||||
| 24 | provided under this Section may also be used to purchase the | ||||||
| 25 | equipment and materials needed to rehabilitate any vacant and | ||||||
| 26 | abandoned residential property that is eligible for | ||||||
| |||||||
| |||||||
| 1 | acquisition as described in subsection (b). | ||||||
| 2 | (b) Property eligible for acquisition and rehabilitation | ||||||
| 3 | under the Training in the Building Trades Program. | ||||||
| 4 | (1) A community-based organization that is selected to | ||||||
| 5 | participate in the Training in the Building Trades Program | ||||||
| 6 | may enter into an agreement with a financial institution to | ||||||
| 7 | rehabilitate abandoned residential property in foreclosure | ||||||
| 8 | with the express condition that, after the rehabilitation | ||||||
| 9 | project is complete, the financial institution shall: | ||||||
| 10 | (A) sell the residential property for no less than | ||||||
| 11 | its fair market value; and | ||||||
| 12 | (B) use any proceeds from the sale to (i) reimburse | ||||||
| 13 | the community-based organization for all costs | ||||||
| 14 | associated with rehabilitating the property and (ii) | ||||||
| 15 | make satisfactory payment for any other claims against | ||||||
| 16 | the property. Any remaining sale proceeds of the | ||||||
| 17 | residential property shall be retained by the | ||||||
| 18 | financial institution. | ||||||
| 19 | (2)(A) A unit of local government may enact an | ||||||
| 20 | ordinance that permits the acquisition and rehabilitation | ||||||
| 21 | of abandoned residential property under the Training in the | ||||||
| 22 | Building Trades Program. Under the ordinance, any owner of | ||||||
| 23 | residential property that has been abandoned for at least 3 | ||||||
| 24 | years shall be notified that the abandoned property is | ||||||
| 25 | subject to acquisition and rehabilitation under the | ||||||
| 26 | Program and that if the owner does not respond to the | ||||||
| |||||||
| |||||||
| 1 | notice within the time period prescribed by the unit of | ||||||
| 2 | local government, the owner shall lose all right, title, | ||||||
| 3 | and interest in the property. Such notice shall be given as | ||||||
| 4 | follows: | ||||||
| 5 | (i) by mailing a copy of the notice by certified | ||||||
| 6 | mail to the owner's last known mailing address; | ||||||
| 7 | (ii) by publication in a newspaper published in the | ||||||
| 8 | municipality or county where the property is located; | ||||||
| 9 | and | ||||||
| 10 | (iii) by recording the notice with the office of | ||||||
| 11 | the recorder of the county in which the property is | ||||||
| 12 | located. | ||||||
| 13 | (B) If the owner responds to the notice within the time | ||||||
| 14 | period prescribed by the unit of local government, the | ||||||
| 15 | owner shall be given the option to either bring the | ||||||
| 16 | property into compliance with all applicable fire, | ||||||
| 17 | housing, and building codes within 6 months or enter into | ||||||
| 18 | an agreement with a community-based organization under the | ||||||
| 19 | Program to rehabilitate the residential property. If the | ||||||
| 20 | owner chooses to enter into an agreement with a | ||||||
| 21 | community-based organization to rehabilitate the | ||||||
| 22 | residential property, such agreement shall be made with the | ||||||
| 23 | express condition that, after the rehabilitation project | ||||||
| 24 | is complete, the owner shall: | ||||||
| 25 | (i) sell the residential property for no less than | ||||||
| 26 | its fair market value; and | ||||||
| |||||||
| |||||||
| 1 | (ii) use any proceeds from the sale to (a) | ||||||
| 2 | reimburse the community-based organization for all | ||||||
| 3 | costs associated with rehabilitating the property and | ||||||
| 4 | (b) make satisfactory payment for any other claims | ||||||
| 5 | against the property. Any remaining sale proceeds of | ||||||
| 6 | the residential property shall be distributed as | ||||||
| 7 | follows: | ||||||
| 8 | (I) 20% shall be distributed to the owner. | ||||||
| 9 | (II) 80% shall be deposited into the Training | ||||||
| 10 | in the Building Trades Fund created under | ||||||
| 11 | subsection (e). | ||||||
| 12 | (c) The Department of Commerce and Economic Opportunity | ||||||
| 13 | shall select from each of the following geographical regions of | ||||||
| 14 | the State a community-based organization with experience | ||||||
| 15 | working with the building trades: | ||||||
| 16 | (1) Central Illinois. | ||||||
| 17 | (2) Northeastern Illinois. | ||||||
| 18 | (3) Southern (Metro-East) Illinois. | ||||||
| 19 | (4) Southern Illinois. | ||||||
| 20 | (5) Western Illinois. | ||||||
| 21 | (d) Grants awarded under this Section shall be funded | ||||||
| 22 | through appropriations from the Training in the Building Trades | ||||||
| 23 | Fund created under subsection (e). The Department of Commerce | ||||||
| 24 | and Economic Opportunity may adopt any rules necessary to | ||||||
| 25 | implement the provisions of this Section. | ||||||
| 26 | (e) The Training in the Building Trades Fund is created as | ||||||
| |||||||
| |||||||
| 1 | a special fund in the State treasury. The Fund shall consist of | ||||||
| 2 | any moneys deposited into the Fund as provided in subparagraph | ||||||
| 3 | (B) of paragraph (2) of subsection (b) and any moneys | ||||||
| 4 | appropriated to the Department of Commerce and Economic | ||||||
| 5 | Opportunity for the Training in the Building Trades Program. | ||||||
| 6 | Moneys in the Fund shall be expended for the Training in the | ||||||
| 7 | Building Trades Program under subsection (a) and for no other | ||||||
| 8 | purpose. All interest earned on moneys in the Fund shall be | ||||||
| 9 | deposited into the Fund.
| ||||||
| 10 | (Source: P.A. 101-469, eff. 1-1-20; revised 10-18-19.)
| ||||||
| 11 | (20 ILCS 605/605-1040) | ||||||
| 12 | Sec. 605-1040 605-1025. Assessment of marketing programs. | ||||||
| 13 | The Department shall, in consultation with the General | ||||||
| 14 | Assembly, complete an assessment of its current practices | ||||||
| 15 | related to marketing programs administered by the Department | ||||||
| 16 | and the extent to which the Department assists Illinois | ||||||
| 17 | residents in the use and coordination of programs offered by | ||||||
| 18 | the Department. That assessment shall be completed by December | ||||||
| 19 | 31, 2019. | ||||||
| 20 | Upon review of the assessment, if the Department, in | ||||||
| 21 | consultation with the General Assembly, concludes that a | ||||||
| 22 | Citizens Services Coordinator is needed to assist Illinois | ||||||
| 23 | residents in obtaining services and programs offered by the | ||||||
| 24 | Department, then the Department may, subject to appropriation, | ||||||
| 25 | hire an individual to serve as a Citizens Services Coordinator. | ||||||
| |||||||
| |||||||
| 1 | The Citizens Services Coordinator shall assist Illinois | ||||||
| 2 | residents seeking out and obtaining services and programs | ||||||
| 3 | offered by the Department and shall monitor resident inquiries | ||||||
| 4 | to determine which services are most in demand on a regional | ||||||
| 5 | basis.
| ||||||
| 6 | (Source: P.A. 101-497, eff. 1-1-20; revised 10-18-19.)
| ||||||
| 7 | Section 100. The Illinois Enterprise Zone Act is amended by | ||||||
| 8 | changing Sections 5.5 and 13 as follows:
| ||||||
| 9 | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| ||||||
| 10 | Sec. 5.5. High Impact Business.
| ||||||
| 11 | (a) In order to respond to unique opportunities to assist | ||||||
| 12 | in the
encouragement, development, growth, and expansion of the | ||||||
| 13 | private sector through
large scale investment and development | ||||||
| 14 | projects, the Department is authorized
to receive and approve | ||||||
| 15 | applications for the designation of "High Impact
Businesses" in | ||||||
| 16 | Illinois subject to the following conditions:
| ||||||
| 17 | (1) such applications may be submitted at any time | ||||||
| 18 | during the year;
| ||||||
| 19 | (2) such business is not located, at the time of | ||||||
| 20 | designation, in
an enterprise zone designated pursuant to | ||||||
| 21 | this Act;
| ||||||
| 22 | (3) the business intends to do one or more of the | ||||||
| 23 | following:
| ||||||
| 24 | (A) the business intends to make a minimum | ||||||
| |||||||
| |||||||
| 1 | investment of
$12,000,000 which will be placed in | ||||||
| 2 | service in qualified property and
intends to create 500 | ||||||
| 3 | full-time equivalent jobs at a designated location
in | ||||||
| 4 | Illinois or intends to make a minimum investment of | ||||||
| 5 | $30,000,000 which
will be placed in service in | ||||||
| 6 | qualified property and intends to retain 1,500
| ||||||
| 7 | full-time retained jobs at a designated location in | ||||||
| 8 | Illinois.
The business must certify in writing that the | ||||||
| 9 | investments would not be
placed in service in qualified | ||||||
| 10 | property and the job creation or job
retention would | ||||||
| 11 | not occur without the tax credits and exemptions set | ||||||
| 12 | forth
in subsection (b) of this Section. The terms | ||||||
| 13 | "placed in service" and
"qualified property" have the | ||||||
| 14 | same meanings as described in subsection (h)
of Section | ||||||
| 15 | 201 of the Illinois Income Tax Act; or
| ||||||
| 16 | (B) the business intends to establish a new | ||||||
| 17 | electric generating
facility at a designated location | ||||||
| 18 | in Illinois. "New electric generating
facility", for | ||||||
| 19 | purposes of this Section, means a newly-constructed
| ||||||
| 20 | electric
generation plant
or a newly-constructed | ||||||
| 21 | generation capacity expansion at an existing electric
| ||||||
| 22 | generation
plant, including the transmission lines and | ||||||
| 23 | associated
equipment that transfers electricity from | ||||||
| 24 | points of supply to points of
delivery, and for which | ||||||
| 25 | such new foundation construction commenced not sooner
| ||||||
| 26 | than July 1,
2001. Such facility shall be designed to | ||||||
| |||||||
| |||||||
| 1 | provide baseload electric
generation and shall operate | ||||||
| 2 | on a continuous basis throughout the year;
and (i) | ||||||
| 3 | shall have an aggregate rated generating capacity of at | ||||||
| 4 | least 1,000
megawatts for all new units at one site if | ||||||
| 5 | it uses natural gas as its primary
fuel and foundation | ||||||
| 6 | construction of the facility is commenced on
or before | ||||||
| 7 | December 31, 2004, or shall have an aggregate rated | ||||||
| 8 | generating
capacity of at least 400 megawatts for all | ||||||
| 9 | new units at one site if it uses
coal or gases derived | ||||||
| 10 | from coal
as its primary fuel and
shall support the | ||||||
| 11 | creation of at least 150 new Illinois coal mining jobs, | ||||||
| 12 | or
(ii) shall be funded through a federal Department of | ||||||
| 13 | Energy grant before December 31, 2010 and shall support | ||||||
| 14 | the creation of Illinois
coal-mining
jobs, or (iii) | ||||||
| 15 | shall use coal gasification or integrated | ||||||
| 16 | gasification-combined cycle units
that generate
| ||||||
| 17 | electricity or chemicals, or both, and shall support | ||||||
| 18 | the creation of Illinois
coal-mining
jobs.
The
| ||||||
| 19 | business must certify in writing that the investments | ||||||
| 20 | necessary to establish
a new electric generating | ||||||
| 21 | facility would not be placed in service and the
job | ||||||
| 22 | creation in the case of a coal-fueled plant
would not | ||||||
| 23 | occur without the tax credits and exemptions set forth | ||||||
| 24 | in
subsection (b-5) of this Section. The term "placed | ||||||
| 25 | in service" has
the same meaning as described in | ||||||
| 26 | subsection
(h) of Section 201 of the Illinois Income | ||||||
| |||||||
| |||||||
| 1 | Tax Act; or
| ||||||
| 2 | (B-5) the business intends to establish a new | ||||||
| 3 | gasification
facility at a designated location in | ||||||
| 4 | Illinois. As used in this Section, "new gasification | ||||||
| 5 | facility" means a newly constructed coal gasification | ||||||
| 6 | facility that generates chemical feedstocks or | ||||||
| 7 | transportation fuels derived from coal (which may | ||||||
| 8 | include, but are not limited to, methane, methanol, and | ||||||
| 9 | nitrogen fertilizer), that supports the creation or | ||||||
| 10 | retention of Illinois coal-mining jobs, and that | ||||||
| 11 | qualifies for financial assistance from the Department | ||||||
| 12 | before December 31, 2010. A new gasification facility | ||||||
| 13 | does not include a pilot project located within | ||||||
| 14 | Jefferson County or within a county adjacent to | ||||||
| 15 | Jefferson County for synthetic natural gas from coal; | ||||||
| 16 | or | ||||||
| 17 | (C) the business intends to establish
production | ||||||
| 18 | operations at a new coal mine, re-establish production | ||||||
| 19 | operations at
a closed coal mine, or expand production | ||||||
| 20 | at an existing coal mine
at a designated location in | ||||||
| 21 | Illinois not sooner than July 1, 2001;
provided that | ||||||
| 22 | the
production operations result in the creation of 150 | ||||||
| 23 | new Illinois coal mining
jobs as described in | ||||||
| 24 | subdivision (a)(3)(B) of this Section, and further
| ||||||
| 25 | provided that the coal extracted from such mine is | ||||||
| 26 | utilized as the predominant
source for a new electric | ||||||
| |||||||
| |||||||
| 1 | generating facility.
The business must certify in | ||||||
| 2 | writing that the
investments necessary to establish a | ||||||
| 3 | new, expanded, or reopened coal mine would
not
be | ||||||
| 4 | placed in service and the job creation would not
occur | ||||||
| 5 | without the tax credits and exemptions set forth in | ||||||
| 6 | subsection (b-5) of
this Section. The term "placed in | ||||||
| 7 | service" has
the same meaning as described in | ||||||
| 8 | subsection (h) of Section 201 of the
Illinois Income | ||||||
| 9 | Tax Act; or
| ||||||
| 10 | (D) the business intends to construct new | ||||||
| 11 | transmission facilities or
upgrade existing | ||||||
| 12 | transmission facilities at designated locations in | ||||||
| 13 | Illinois,
for which construction commenced not sooner | ||||||
| 14 | than July 1, 2001. For the
purposes of this Section, | ||||||
| 15 | "transmission facilities" means transmission lines
| ||||||
| 16 | with a voltage rating of 115 kilovolts or above, | ||||||
| 17 | including associated
equipment, that transfer | ||||||
| 18 | electricity from points of supply to points of
delivery | ||||||
| 19 | and that transmit a majority of the electricity | ||||||
| 20 | generated by a new
electric generating facility | ||||||
| 21 | designated as a High Impact Business in accordance
with | ||||||
| 22 | this Section. The business must certify in writing that | ||||||
| 23 | the investments
necessary to construct new | ||||||
| 24 | transmission facilities or upgrade existing
| ||||||
| 25 | transmission facilities would not be placed in service
| ||||||
| 26 | without the tax credits and exemptions set forth in | ||||||
| |||||||
| |||||||
| 1 | subsection (b-5) of this
Section. The term "placed in | ||||||
| 2 | service" has the
same meaning as described in | ||||||
| 3 | subsection (h) of Section 201 of the Illinois
Income | ||||||
| 4 | Tax Act; or
| ||||||
| 5 | (E) the business intends to establish a new wind | ||||||
| 6 | power facility at a designated location in Illinois. | ||||||
| 7 | For purposes of this Section, "new wind power facility" | ||||||
| 8 | means a newly constructed electric generation | ||||||
| 9 | facility, or a newly constructed expansion of an | ||||||
| 10 | existing electric generation facility, placed in | ||||||
| 11 | service on or after July 1, 2009, that generates | ||||||
| 12 | electricity using wind energy devices, and such | ||||||
| 13 | facility shall be deemed to include all associated | ||||||
| 14 | transmission lines, substations, and other equipment | ||||||
| 15 | related to the generation of electricity from wind | ||||||
| 16 | energy devices. For purposes of this Section, "wind | ||||||
| 17 | energy device" means any device, with a nameplate | ||||||
| 18 | capacity of at least 0.5 megawatts, that is used in the | ||||||
| 19 | process of converting kinetic energy from the wind to | ||||||
| 20 | generate electricity; or | ||||||
| 21 | (F) the business commits to (i) make a minimum | ||||||
| 22 | investment of $500,000,000, which will be placed in | ||||||
| 23 | service in a qualified property, (ii) create 125 | ||||||
| 24 | full-time equivalent jobs at a designated location in | ||||||
| 25 | Illinois, (iii) establish a fertilizer plant at a | ||||||
| 26 | designated location in Illinois that complies with the | ||||||
| |||||||
| |||||||
| 1 | set-back standards as described in Table 1: Initial | ||||||
| 2 | Isolation and Protective Action Distances in the 2012 | ||||||
| 3 | Emergency Response Guidebook published by the United | ||||||
| 4 | States Department of Transportation, (iv) pay a | ||||||
| 5 | prevailing wage for employees at that location who are | ||||||
| 6 | engaged in construction activities, and (v) secure an | ||||||
| 7 | appropriate level of general liability insurance to | ||||||
| 8 | protect against catastrophic failure of the fertilizer | ||||||
| 9 | plant or any of its constituent systems; in addition, | ||||||
| 10 | the business must agree to enter into a construction | ||||||
| 11 | project labor agreement including provisions | ||||||
| 12 | establishing wages, benefits, and other compensation | ||||||
| 13 | for employees performing work under the project labor | ||||||
| 14 | agreement at that location; for the purposes of this | ||||||
| 15 | Section, "fertilizer plant" means a newly constructed | ||||||
| 16 | or upgraded plant utilizing gas used in the production | ||||||
| 17 | of anhydrous ammonia and downstream nitrogen | ||||||
| 18 | fertilizer products for resale; for the purposes of | ||||||
| 19 | this Section, "prevailing wage" means the hourly cash | ||||||
| 20 | wages plus fringe benefits for training and
| ||||||
| 21 | apprenticeship programs approved by the U.S. | ||||||
| 22 | Department of Labor, Bureau of
Apprenticeship and | ||||||
| 23 | Training, health and welfare, insurance, vacations and
| ||||||
| 24 | pensions paid generally, in the
locality in which the | ||||||
| 25 | work is being performed, to employees engaged in
work | ||||||
| 26 | of a similar character on public works; this paragraph | ||||||
| |||||||
| |||||||
| 1 | (F) applies only to businesses that submit an | ||||||
| 2 | application to the Department within 60 days after July | ||||||
| 3 | 25, 2013 (the effective date of Public Act 98-109) this | ||||||
| 4 | amendatory Act of the 98th General Assembly; and | ||||||
| 5 | (4) no later than 90 days after an application is | ||||||
| 6 | submitted, the
Department shall notify the applicant of the | ||||||
| 7 | Department's determination of
the qualification of the | ||||||
| 8 | proposed High Impact Business under this Section.
| ||||||
| 9 | (b) Businesses designated as High Impact Businesses | ||||||
| 10 | pursuant to
subdivision (a)(3)(A) of this Section shall qualify | ||||||
| 11 | for the credits and
exemptions described in the
following Acts: | ||||||
| 12 | Section 9-222 and Section 9-222.1A of the Public Utilities
Act,
| ||||||
| 13 | subsection (h)
of Section 201 of the Illinois Income Tax Act,
| ||||||
| 14 | and Section 1d of
the
Retailers' Occupation Tax Act; provided | ||||||
| 15 | that these credits and
exemptions
described in these Acts shall | ||||||
| 16 | not be authorized until the minimum
investments set forth in | ||||||
| 17 | subdivision (a)(3)(A) of this
Section have been placed in
| ||||||
| 18 | service in qualified properties and, in the case of the | ||||||
| 19 | exemptions
described in the Public Utilities Act and Section 1d | ||||||
| 20 | of the Retailers'
Occupation Tax Act, the minimum full-time | ||||||
| 21 | equivalent jobs or full-time retained jobs set
forth in | ||||||
| 22 | subdivision (a)(3)(A) of this Section have been
created or | ||||||
| 23 | retained.
Businesses designated as High Impact Businesses | ||||||
| 24 | under
this Section shall also
qualify for the exemption | ||||||
| 25 | described in Section 5l of the Retailers' Occupation
Tax Act. | ||||||
| 26 | The credit provided in subsection (h) of Section 201 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois
Income Tax Act shall be applicable to investments in | ||||||
| 2 | qualified property as set
forth in subdivision (a)(3)(A) of | ||||||
| 3 | this Section.
| ||||||
| 4 | (b-5) Businesses designated as High Impact Businesses | ||||||
| 5 | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | ||||||
| 6 | and (a)(3)(D) of this Section shall qualify
for the credits and | ||||||
| 7 | exemptions described in the following Acts: Section 51 of
the | ||||||
| 8 | Retailers' Occupation Tax Act, Section 9-222 and Section | ||||||
| 9 | 9-222.1A of the
Public Utilities Act, and subsection (h) of | ||||||
| 10 | Section 201 of the Illinois Income
Tax Act; however, the | ||||||
| 11 | credits and exemptions authorized under Section 9-222 and
| ||||||
| 12 | Section 9-222.1A of the Public Utilities Act, and subsection | ||||||
| 13 | (h) of Section 201
of the Illinois Income Tax Act shall not be | ||||||
| 14 | authorized until the new electric
generating facility, the new | ||||||
| 15 | gasification facility, the new transmission facility, or the | ||||||
| 16 | new, expanded, or
reopened coal mine is operational,
except | ||||||
| 17 | that a new electric generating facility whose primary fuel | ||||||
| 18 | source is
natural gas is eligible only for the exemption under | ||||||
| 19 | Section 5l of the
Retailers' Occupation Tax Act.
| ||||||
| 20 | (b-6) Businesses designated as High Impact Businesses | ||||||
| 21 | pursuant to subdivision (a)(3)(E) of this Section shall qualify | ||||||
| 22 | for the exemptions described in Section 5l of the Retailers' | ||||||
| 23 | Occupation Tax Act; any business so designated as a High Impact | ||||||
| 24 | Business being, for purposes of this Section, a "Wind Energy | ||||||
| 25 | Business". | ||||||
| 26 | (b-7) Beginning on January 1, 2021, businesses designated | ||||||
| |||||||
| |||||||
| 1 | as High Impact Businesses by the Department shall qualify for | ||||||
| 2 | the High Impact Business construction jobs credit under | ||||||
| 3 | subsection (h-5) of Section 201 of the Illinois Income Tax Act | ||||||
| 4 | if the business meets the criteria set forth in subsection (i) | ||||||
| 5 | of this Section. The total aggregate amount of credits awarded | ||||||
| 6 | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9 | ||||||
| 7 | this amendatory Act of the 101st General Assembly) shall not | ||||||
| 8 | exceed $20,000,000 in any State fiscal year. | ||||||
| 9 | (c) High Impact Businesses located in federally designated | ||||||
| 10 | foreign trade
zones or sub-zones are also eligible for | ||||||
| 11 | additional credits, exemptions and
deductions as described in | ||||||
| 12 | the following Acts: Section 9-221 and Section
9-222.1 of the | ||||||
| 13 | Public
Utilities Act; and subsection (g) of Section 201, and | ||||||
| 14 | Section 203
of the Illinois Income Tax Act.
| ||||||
| 15 | (d) Except for businesses contemplated under subdivision | ||||||
| 16 | (a)(3)(E) of this Section, existing Illinois businesses which | ||||||
| 17 | apply for designation as a
High Impact Business must provide | ||||||
| 18 | the Department with the prospective plan
for which 1,500 | ||||||
| 19 | full-time retained jobs would be eliminated in the event that | ||||||
| 20 | the
business is not designated.
| ||||||
| 21 | (e) Except for new wind power facilities contemplated under | ||||||
| 22 | subdivision (a)(3)(E) of this Section, new proposed facilities | ||||||
| 23 | which apply for designation as High Impact
Business must | ||||||
| 24 | provide the Department with proof of alternative non-Illinois
| ||||||
| 25 | sites which would receive the proposed investment and job | ||||||
| 26 | creation in the
event that the business is not designated as a | ||||||
| |||||||
| |||||||
| 1 | High Impact Business.
| ||||||
| 2 | (f) Except for businesses contemplated under subdivision | ||||||
| 3 | (a)(3)(E) of this Section, in the event that a business is | ||||||
| 4 | designated a High Impact Business
and it is later determined | ||||||
| 5 | after reasonable notice and an opportunity for a
hearing as | ||||||
| 6 | provided under the Illinois Administrative Procedure Act, that
| ||||||
| 7 | the business would have placed in service in qualified property | ||||||
| 8 | the
investments and created or retained the requisite number of | ||||||
| 9 | jobs without
the benefits of the High Impact Business | ||||||
| 10 | designation, the Department shall
be required to immediately | ||||||
| 11 | revoke the designation and notify the Director
of the | ||||||
| 12 | Department of Revenue who shall begin proceedings to recover | ||||||
| 13 | all
wrongfully exempted State taxes with interest. The business | ||||||
| 14 | shall also be
ineligible for all State funded Department | ||||||
| 15 | programs for a period of 10 years.
| ||||||
| 16 | (g) The Department shall revoke a High Impact Business | ||||||
| 17 | designation if
the participating business fails to comply with | ||||||
| 18 | the terms and conditions of
the designation. However, the | ||||||
| 19 | penalties for new wind power facilities or Wind Energy | ||||||
| 20 | Businesses for failure to comply with any of the terms or | ||||||
| 21 | conditions of the Illinois Prevailing Wage Act shall be only | ||||||
| 22 | those penalties identified in the Illinois Prevailing Wage Act, | ||||||
| 23 | and the Department shall not revoke a High Impact Business | ||||||
| 24 | designation as a result of the failure to comply with any of | ||||||
| 25 | the terms or conditions of the Illinois Prevailing Wage Act in | ||||||
| 26 | relation to a new wind power facility or a Wind Energy | ||||||
| |||||||
| |||||||
| 1 | Business.
| ||||||
| 2 | (h) Prior to designating a business, the Department shall | ||||||
| 3 | provide the
members of the General Assembly and Commission on | ||||||
| 4 | Government Forecasting and Accountability
with a report | ||||||
| 5 | setting forth the terms and conditions of the designation and
| ||||||
| 6 | guarantees that have been received by the Department in | ||||||
| 7 | relation to the
proposed business being designated.
| ||||||
| 8 | (i) High Impact Business construction jobs credit. | ||||||
| 9 | Beginning on January 1, 2021, a High Impact Business may | ||||||
| 10 | receive a tax credit against the tax imposed under subsections | ||||||
| 11 | (a) and (b) of Section 201 of the Illinois Income Tax Act in an | ||||||
| 12 | amount equal to 50% of the amount of the incremental income tax | ||||||
| 13 | attributable to High Impact Business construction jobs credit | ||||||
| 14 | employees employed in the course of completing a High Impact | ||||||
| 15 | Business construction jobs project. However, the High Impact | ||||||
| 16 | Business construction jobs credit may equal 75% of the amount | ||||||
| 17 | of the incremental income tax attributable to High Impact | ||||||
| 18 | Business construction jobs credit employees if the High Impact | ||||||
| 19 | Business construction jobs credit project is located in an | ||||||
| 20 | underserved area. | ||||||
| 21 | The Department shall certify to the Department of Revenue: | ||||||
| 22 | (1) the identity of taxpayers that are eligible for the High | ||||||
| 23 | Impact Business construction jobs credit; and (2) the amount of | ||||||
| 24 | High Impact Business construction jobs credits that are claimed | ||||||
| 25 | pursuant to subsection (h-5) of Section 201 of the Illinois | ||||||
| 26 | Income Tax Act in each taxable year. Any business entity that | ||||||
| |||||||
| |||||||
| 1 | receives a High Impact Business construction jobs credit shall | ||||||
| 2 | maintain a certified payroll pursuant to subsection (j) of this | ||||||
| 3 | Section. | ||||||
| 4 | As used in this subsection (i): | ||||||
| 5 | "High Impact Business construction jobs credit" means an | ||||||
| 6 | amount equal to 50% (or 75% if the High Impact Business | ||||||
| 7 | construction project is located in an underserved area) of the | ||||||
| 8 | incremental income tax attributable to High Impact Business | ||||||
| 9 | construction job employees. The total aggregate amount of | ||||||
| 10 | credits awarded under the Blue Collar Jobs Act (Article 20 of | ||||||
| 11 | Public Act 101-9 this amendatory Act of the 101st General | ||||||
| 12 | Assembly) shall not exceed $20,000,000 in any State fiscal year | ||||||
| 13 | "High Impact Business construction job employee" means a | ||||||
| 14 | laborer or worker who is employed by an Illinois contractor or | ||||||
| 15 | subcontractor in the actual construction work on the site of a | ||||||
| 16 | High Impact Business construction job project. | ||||||
| 17 | "High Impact Business construction jobs project" means | ||||||
| 18 | building a structure or building or making improvements of any | ||||||
| 19 | kind to real property, undertaken and commissioned by a | ||||||
| 20 | business that was designated as a High Impact Business by the | ||||||
| 21 | Department. The term "High Impact Business construction jobs | ||||||
| 22 | project" does not include the routine operation, routine | ||||||
| 23 | repair, or routine maintenance of existing structures, | ||||||
| 24 | buildings, or real property. | ||||||
| 25 | "Incremental income tax" means the total amount withheld | ||||||
| 26 | during the taxable year from the compensation of High Impact | ||||||
| |||||||
| |||||||
| 1 | Business construction job employees. | ||||||
| 2 | "Underserved area" means a geographic area that meets one | ||||||
| 3 | or more of the following conditions: | ||||||
| 4 | (1) the area has a poverty rate of at least 20% | ||||||
| 5 | according to the latest federal decennial census; | ||||||
| 6 | (2) 75% or more of the children in the area participate | ||||||
| 7 | in the federal free lunch program according to reported | ||||||
| 8 | statistics from the State Board of Education; | ||||||
| 9 | (3) at least 20% of the households in the area receive | ||||||
| 10 | assistance under the Supplemental Nutrition Assistance | ||||||
| 11 | Program (SNAP); or | ||||||
| 12 | (4) the area has an average unemployment rate, as | ||||||
| 13 | determined by the Illinois Department of Employment | ||||||
| 14 | Security, that is more than 120% of the national | ||||||
| 15 | unemployment average, as determined by the U.S. Department | ||||||
| 16 | of Labor, for a period of at least 2 consecutive calendar | ||||||
| 17 | years preceding the date of the application. | ||||||
| 18 | (j) Each contractor and subcontractor who is engaged in and | ||||||
| 19 | executing a High Impact Business Construction jobs project, as | ||||||
| 20 | defined under subsection (i) of this Section, for a business | ||||||
| 21 | that is entitled to a credit pursuant to subsection (i) of this | ||||||
| 22 | Section shall: | ||||||
| 23 | (1) make and keep, for a period of 5 years from the | ||||||
| 24 | date of the last payment made on or after June 5, 2019 (the | ||||||
| 25 | effective date of Public Act 101-9) this amendatory Act of | ||||||
| 26 | the 101st General Assembly on a contract or subcontract for | ||||||
| |||||||
| |||||||
| 1 | a High Impact Business Construction Jobs Project, records | ||||||
| 2 | for all laborers and other workers employed by the | ||||||
| 3 | contractor or subcontractor on the project; the records | ||||||
| 4 | shall include: | ||||||
| 5 | (A) the worker's name; | ||||||
| 6 | (B) the worker's address; | ||||||
| 7 | (C) the worker's telephone number, if available; | ||||||
| 8 | (D) the worker's social security number; | ||||||
| 9 | (E) the worker's classification or | ||||||
| 10 | classifications; | ||||||
| 11 | (F) the worker's gross and net wages paid in each | ||||||
| 12 | pay period; | ||||||
| 13 | (G) the worker's number of hours worked each day; | ||||||
| 14 | (H) the worker's starting and ending times of work | ||||||
| 15 | each day; | ||||||
| 16 | (I) the worker's hourly wage rate; and | ||||||
| 17 | (J) the worker's hourly overtime wage rate; | ||||||
| 18 | (2) no later than the 15th day of each calendar month, | ||||||
| 19 | provide a certified payroll for the immediately preceding | ||||||
| 20 | month to the taxpayer in charge of the High Impact Business | ||||||
| 21 | construction jobs project; within 5 business days after | ||||||
| 22 | receiving the certified payroll, the taxpayer shall file | ||||||
| 23 | the certified payroll with the Department of Labor and the | ||||||
| 24 | Department of Commerce and Economic Opportunity; a | ||||||
| 25 | certified payroll must be filed for only those calendar | ||||||
| 26 | months during which construction on a High Impact Business | ||||||
| |||||||
| |||||||
| 1 | construction jobs project has occurred; the certified | ||||||
| 2 | payroll shall consist of a complete copy of the records | ||||||
| 3 | identified in paragraph (1) of this subsection (j), but may | ||||||
| 4 | exclude the starting and ending times of work each day; the | ||||||
| 5 | certified payroll shall be accompanied by a statement | ||||||
| 6 | signed by the contractor or subcontractor or an officer, | ||||||
| 7 | employee, or agent of the contractor or subcontractor which | ||||||
| 8 | avers that: | ||||||
| 9 | (A) he or she has examined the certified payroll | ||||||
| 10 | records required to be submitted by the Act and such | ||||||
| 11 | records are true and accurate; and | ||||||
| 12 | (B) the contractor or subcontractor is aware that | ||||||
| 13 | filing a certified payroll that he or she knows to be | ||||||
| 14 | false is a Class A misdemeanor. | ||||||
| 15 | A general contractor is not prohibited from relying on a | ||||||
| 16 | certified payroll of a lower-tier subcontractor, provided the | ||||||
| 17 | general contractor does not knowingly rely upon a | ||||||
| 18 | subcontractor's false certification. | ||||||
| 19 | Any contractor or subcontractor subject to this | ||||||
| 20 | subsection, and any officer, employee, or agent of such | ||||||
| 21 | contractor or subcontractor whose duty as an officer, employee, | ||||||
| 22 | or agent it is to file a certified payroll under this | ||||||
| 23 | subsection, who willfully fails to file such a certified | ||||||
| 24 | payroll on or before the date such certified payroll is | ||||||
| 25 | required by this paragraph to be filed and any person who | ||||||
| 26 | willfully files a false certified payroll that is false as to | ||||||
| |||||||
| |||||||
| 1 | any material fact is in violation of this Act and guilty of a | ||||||
| 2 | Class A misdemeanor. | ||||||
| 3 | The taxpayer in charge of the project shall keep the | ||||||
| 4 | records submitted in accordance with this subsection on or | ||||||
| 5 | after June 5, 2019 (the effective date of Public Act 101-9) | ||||||
| 6 | this amendatory Act of the 101st General Assembly for a period | ||||||
| 7 | of 5 years from the date of the last payment for work on a | ||||||
| 8 | contract or subcontract for the High Impact Business | ||||||
| 9 | construction jobs project. | ||||||
| 10 | The records submitted in accordance with this subsection | ||||||
| 11 | shall be considered public records, except an employee's | ||||||
| 12 | address, telephone number, and social security number, and made | ||||||
| 13 | available in accordance with the Freedom of Information Act. | ||||||
| 14 | The Department of Labor shall accept any reasonable submissions | ||||||
| 15 | by the contractor that meet the requirements of this subsection | ||||||
| 16 | (j) and shall share the information with the Department in | ||||||
| 17 | order to comply with the awarding of a High Impact Business | ||||||
| 18 | construction jobs credit. A contractor, subcontractor, or | ||||||
| 19 | public body may retain records required under this Section in | ||||||
| 20 | paper or electronic format. | ||||||
| 21 | (k) Upon 7 business days' notice, each contractor and | ||||||
| 22 | subcontractor shall make available for inspection and copying | ||||||
| 23 | at a location within this State during reasonable hours, the | ||||||
| 24 | records identified in this subsection (j) to the taxpayer in | ||||||
| 25 | charge of the High Impact Business construction jobs project, | ||||||
| 26 | its officers and agents, the Director of the Department of | ||||||
| |||||||
| |||||||
| 1 | Labor and his or her deputies and agents, and to federal, | ||||||
| 2 | State, or local law enforcement agencies and prosecutors. | ||||||
| 3 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
| 4 | (20 ILCS 655/13) | ||||||
| 5 | Sec. 13. Enterprise Zone construction jobs credit. | ||||||
| 6 | (a) Beginning on January 1, 2021, a business entity in a | ||||||
| 7 | certified Enterprise Zone that makes a capital investment of at | ||||||
| 8 | least $10,000,000 in an Enterprise Zone construction jobs | ||||||
| 9 | project may receive an Enterprise Zone construction jobs credit | ||||||
| 10 | against the tax imposed under subsections (a) and (b) of | ||||||
| 11 | Section 201 of the Illinois Income Tax Act in an amount equal | ||||||
| 12 | to 50% of the amount of the incremental income tax attributable | ||||||
| 13 | to Enterprise Zone construction jobs credit employees employed | ||||||
| 14 | in the course of completing an Enterprise Zone construction | ||||||
| 15 | jobs project. However, the Enterprise Zone construction jobs | ||||||
| 16 | credit may equal 75% of the amount of the incremental income | ||||||
| 17 | tax attributable to Enterprise Zone construction jobs credit | ||||||
| 18 | employees if the project is located in an underserved area. | ||||||
| 19 | (b) A business entity seeking a credit under this Section | ||||||
| 20 | must submit an application to the Department and must receive | ||||||
| 21 | approval from the designating municipality or county and the | ||||||
| 22 | Department for the Enterprise Zone construction jobs credit | ||||||
| 23 | project. The application must describe the nature and benefit | ||||||
| 24 | of the project to the certified Enterprise Zone and its | ||||||
| 25 | potential contributors. The total aggregate amount of credits | ||||||
| |||||||
| |||||||
| 1 | awarded under the Blue Collar Jobs Act (Article 20 of Public | ||||||
| 2 | Act 101-9 this amendatory Act of the 101st General Assembly) | ||||||
| 3 | shall not exceed $20,000,000 in any State fiscal year. | ||||||
| 4 | Within 45 days after receipt of an application, the | ||||||
| 5 | Department shall give notice to the applicant as to whether the | ||||||
| 6 | application has been approved or disapproved. If the Department | ||||||
| 7 | disapproves the application, it shall specify the reasons for | ||||||
| 8 | this decision and allow 60 days for the applicant to amend and | ||||||
| 9 | resubmit its application. The Department shall provide | ||||||
| 10 | assistance upon request to applicants. Resubmitted | ||||||
| 11 | applications shall receive the Department's approval or | ||||||
| 12 | disapproval within 30 days after the application is | ||||||
| 13 | resubmitted. Those resubmitted applications satisfying initial | ||||||
| 14 | Department objectives shall be approved unless reasonable | ||||||
| 15 | circumstances warrant disapproval. | ||||||
| 16 | On an annual basis, the designated zone organization shall | ||||||
| 17 | furnish a statement to the Department on the programmatic and | ||||||
| 18 | financial status of any approved project and an audited | ||||||
| 19 | financial statement of the project. | ||||||
| 20 | The Department shall certify to the Department of Revenue | ||||||
| 21 | the identity of taxpayers who are eligible for the credits and | ||||||
| 22 | the amount of credits that are claimed pursuant to subparagraph | ||||||
| 23 | (8) of subsection (f) of Section 201 the Illinois Income Tax | ||||||
| 24 | Act. | ||||||
| 25 | The Enterprise Zone construction jobs credit project must | ||||||
| 26 | be undertaken by the business entity in the course of | ||||||
| |||||||
| |||||||
| 1 | completing a project that complies with the criteria contained | ||||||
| 2 | in Section 4 of this Act and is undertaken in a certified | ||||||
| 3 | Enterprise Zone. The Department shall adopt any necessary rules | ||||||
| 4 | for the implementation of this subsection (b). | ||||||
| 5 | (c) Any business entity that receives an Enterprise Zone | ||||||
| 6 | construction jobs credit shall maintain a certified payroll | ||||||
| 7 | pursuant to subsection (d) of this Section. | ||||||
| 8 | (d) Each contractor and subcontractor who is engaged in and | ||||||
| 9 | is executing an Enterprise Zone construction jobs credit | ||||||
| 10 | project for a business that is entitled to a credit pursuant to | ||||||
| 11 | this Section shall: | ||||||
| 12 | (1) make and keep, for a period of 5 years from the | ||||||
| 13 | date of the last payment made on or after June 5, 2019 (the | ||||||
| 14 | effective date of Public Act 101-9) this amendatory Act of | ||||||
| 15 | the 101st General Assembly on a contract or subcontract for | ||||||
| 16 | an Enterprise Zone construction jobs credit project, | ||||||
| 17 | records for all laborers and other workers employed by them | ||||||
| 18 | on the project; the records shall include: | ||||||
| 19 | (A) the worker's name; | ||||||
| 20 | (B) the worker's address; | ||||||
| 21 | (C) the worker's telephone number, if available; | ||||||
| 22 | (D) the worker's social security number; | ||||||
| 23 | (E) the worker's classification or | ||||||
| 24 | classifications; | ||||||
| 25 | (F) the worker's gross and net wages paid in each | ||||||
| 26 | pay period; | ||||||
| |||||||
| |||||||
| 1 | (G) the worker's number of hours worked each day; | ||||||
| 2 | (H) the worker's starting and ending times of work | ||||||
| 3 | each day; | ||||||
| 4 | (I) the worker's hourly wage rate; and | ||||||
| 5 | (J) the worker's hourly overtime wage rate; | ||||||
| 6 | (2) no later than the 15th day of each calendar month, | ||||||
| 7 | provide a certified payroll for the immediately preceding | ||||||
| 8 | month to the taxpayer in charge of the project; within 5 | ||||||
| 9 | business days after receiving the certified payroll, the | ||||||
| 10 | taxpayer shall file the certified payroll with the | ||||||
| 11 | Department of Labor and the Department of Commerce and | ||||||
| 12 | Economic Opportunity; a certified payroll must be filed for | ||||||
| 13 | only those calendar months during which construction on an | ||||||
| 14 | Enterprise Zone construction jobs project has occurred; | ||||||
| 15 | the certified payroll shall consist of a complete copy of | ||||||
| 16 | the records identified in paragraph (1) of this subsection | ||||||
| 17 | (d), but may exclude the starting and ending times of work | ||||||
| 18 | each day; the certified payroll shall be accompanied by a | ||||||
| 19 | statement signed by the contractor or subcontractor or an | ||||||
| 20 | officer, employee, or agent of the contractor or | ||||||
| 21 | subcontractor which avers that: | ||||||
| 22 | (A) he or she has examined the certified payroll | ||||||
| 23 | records required to be submitted by the Act and such | ||||||
| 24 | records are true and accurate; and | ||||||
| 25 | (B) the contractor or subcontractor is aware that | ||||||
| 26 | filing a certified payroll that he or she knows to be | ||||||
| |||||||
| |||||||
| 1 | false is a Class A misdemeanor. | ||||||
| 2 | A general contractor is not prohibited from relying on a | ||||||
| 3 | certified payroll of a lower-tier subcontractor, provided the | ||||||
| 4 | general contractor does not knowingly rely upon a | ||||||
| 5 | subcontractor's false certification. | ||||||
| 6 | Any contractor or subcontractor subject to this | ||||||
| 7 | subsection, and any officer, employee, or agent of such | ||||||
| 8 | contractor or subcontractor whose duty as an officer, employee, | ||||||
| 9 | or agent it is to file a certified payroll under this | ||||||
| 10 | subsection, who willfully fails to file such a certified | ||||||
| 11 | payroll on or before the date such certified payroll is | ||||||
| 12 | required by this paragraph to be filed and any person who | ||||||
| 13 | willfully files a false certified payroll that is false as to | ||||||
| 14 | any material fact is in violation of this Act and guilty of a | ||||||
| 15 | Class A misdemeanor. | ||||||
| 16 | The taxpayer in charge of the project shall keep the | ||||||
| 17 | records submitted in accordance with this subsection on or | ||||||
| 18 | after June 5, 2019 (the effective date of Public Act 101-9) | ||||||
| 19 | this amendatory Act of the 101st General Assembly for a period | ||||||
| 20 | of 5 years from the date of the last payment for work on a | ||||||
| 21 | contract or subcontract for the project. | ||||||
| 22 | The records submitted in accordance with this subsection | ||||||
| 23 | shall be considered public records, except an employee's | ||||||
| 24 | address, telephone number, and social security number, and made | ||||||
| 25 | available in accordance with the Freedom of Information Act. | ||||||
| 26 | The Department of Labor shall accept any reasonable submissions | ||||||
| |||||||
| |||||||
| 1 | by the contractor that meet the requirements of this subsection | ||||||
| 2 | and shall share the information with the Department in order to | ||||||
| 3 | comply with the awarding of Enterprise Zone construction jobs | ||||||
| 4 | credits. A contractor, subcontractor, or public body may retain | ||||||
| 5 | records required under this Section in paper or electronic | ||||||
| 6 | format. | ||||||
| 7 | Upon 7 business days' notice, the contractor and each | ||||||
| 8 | subcontractor shall make available for inspection and copying | ||||||
| 9 | at a location within this State during reasonable hours, the | ||||||
| 10 | records identified in paragraph (1) of this subsection to the | ||||||
| 11 | taxpayer in charge of the project, its officers and agents, the | ||||||
| 12 | Director of Labor and his or her deputies and agents, and to | ||||||
| 13 | federal, State, or local law enforcement agencies and | ||||||
| 14 | prosecutors. | ||||||
| 15 | (e) As used in this Section: | ||||||
| 16 | "Enterprise Zone construction jobs credit" means an amount | ||||||
| 17 | equal to 50% (or 75% if the project is located in an | ||||||
| 18 | underserved area) of the incremental income tax attributable to | ||||||
| 19 | Enterprise Zone construction jobs credit employees. | ||||||
| 20 | "Enterprise Zone construction jobs credit employee" means | ||||||
| 21 | a laborer or worker who is employed by an Illinois contractor | ||||||
| 22 | or subcontractor in the actual construction work on the site of | ||||||
| 23 | an Enterprise Zone construction jobs credit project. | ||||||
| 24 | "Enterprise Zone construction jobs credit project" means | ||||||
| 25 | building a structure or building or making improvements of any | ||||||
| 26 | kind to real property commissioned and paid for by a business | ||||||
| |||||||
| |||||||
| 1 | that has applied and been approved for an Enterprise Zone | ||||||
| 2 | construction jobs credit pursuant to this Section. "Enterprise | ||||||
| 3 | Zone construction jobs credit project" does not include the | ||||||
| 4 | routine operation, routine repair, or routine maintenance of | ||||||
| 5 | existing structures, buildings, or real property. | ||||||
| 6 | "Incremental income tax" means the total amount withheld | ||||||
| 7 | during the taxable year from the compensation of Enterprise | ||||||
| 8 | Zone construction jobs credit employees. | ||||||
| 9 | "Underserved area" means a geographic area that meets one | ||||||
| 10 | or more of the following conditions: | ||||||
| 11 | (1) the area has a poverty rate of at least 20% | ||||||
| 12 | according to the latest federal decennial census; | ||||||
| 13 | (2) 75% or more of the children in the area participate | ||||||
| 14 | in the federal free lunch program according to reported | ||||||
| 15 | statistics from the State Board of Education; | ||||||
| 16 | (3) at least 20% of the households in the area receive | ||||||
| 17 | assistance under the Supplemental Nutrition Assistance | ||||||
| 18 | Program (SNAP); or | ||||||
| 19 | (4) the area has an average unemployment rate, as | ||||||
| 20 | determined by the Illinois Department of Employment | ||||||
| 21 | Security, that is more than 120% of the national | ||||||
| 22 | unemployment average, as determined by the U.S. Department | ||||||
| 23 | of Labor, for a period of at least 2 consecutive calendar | ||||||
| 24 | years preceding the date of the application.
| ||||||
| 25 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 105. The Lake Michigan Wind Energy Act is amended | ||||||
| 2 | by changing Section 20 as follows:
| ||||||
| 3 | (20 ILCS 896/20)
| ||||||
| 4 | Sec. 20. Offshore Wind Energy Economic Development Policy | ||||||
| 5 | Task Force. | ||||||
| 6 | (a) The Governor shall convene an Offshore Wind Energy | ||||||
| 7 | Economic Development Policy Task Force, to be chaired by the | ||||||
| 8 | Director of Commerce and Economic Opportunity, or his or her | ||||||
| 9 | designee, to analyze and evaluate policy and economic options | ||||||
| 10 | to facilitate the development of offshore wind energy, and to | ||||||
| 11 | propose an appropriate Illinois mechanism for purchasing and | ||||||
| 12 | selling power from possible offshore wind energy projects. The | ||||||
| 13 | Task Force shall examine mechanisms used in other states and | ||||||
| 14 | jurisdictions, including, without limitation, feed-in tariffs, | ||||||
| 15 | renewable energy certificates, renewable energy certificate | ||||||
| 16 | carve-outs, power purchase agreements, and pilot projects. The | ||||||
| 17 | Task Force shall report its findings and recommendations to the | ||||||
| 18 | Governor and General Assembly within 12 months of convening.
| ||||||
| 19 | (b) The Director of the Illinois Power Agency (or his or | ||||||
| 20 | her designee), the Executive Director of the Illinois Commerce | ||||||
| 21 | Commission (or his or her designee), the Director of Natural | ||||||
| 22 | Resources (or his or her designee), and the Attorney General | ||||||
| 23 | (or his or her designee) shall serve as ex officio members of | ||||||
| 24 | the Task Force.
| ||||||
| 25 | (c) The Governor shall appoint, within 90 days of August 9, | ||||||
| |||||||
| |||||||
| 1 | 2019 (the effective date of Public Act 101-283) this amendatory | ||||||
| 2 | Act of the 101st General Assembly, the following public members | ||||||
| 3 | to serve on the Task Force:
| ||||||
| 4 | (1) one individual from an institution of higher | ||||||
| 5 | education in Illinois representing the discipline of | ||||||
| 6 | economics with experience in the study of renewable energy;
| ||||||
| 7 | (2) one individual representing an energy industry | ||||||
| 8 | with experience in renewable energy markets;
| ||||||
| 9 | (3) one individual representing a Statewide consumer | ||||||
| 10 | or electric ratepayer organization;
| ||||||
| 11 | (4) one individual representing the offshore wind | ||||||
| 12 | energy industry;
| ||||||
| 13 | (5) one individual representing the wind energy supply | ||||||
| 14 | chain industry;
| ||||||
| 15 | (6) one individual representing an Illinois electrical | ||||||
| 16 | cooperative, municipal electrical utility, or association | ||||||
| 17 | of such cooperatives or utilities;
| ||||||
| 18 | (7) one individual representing an Illinois industrial | ||||||
| 19 | union involved in the construction, maintenance, or | ||||||
| 20 | transportation of electrical generation, distribution, or | ||||||
| 21 | transmission equipment or components;
| ||||||
| 22 | (8) one individual representing an Illinois commercial | ||||||
| 23 | or industrial electrical consumer;
| ||||||
| 24 | (9) one individual representing an Illinois public | ||||||
| 25 | education electrical consumer;
| ||||||
| 26 | (10) one individual representing an independent | ||||||
| |||||||
| |||||||
| 1 | transmission company;
| ||||||
| 2 | (11) one individual from the Illinois legal community | ||||||
| 3 | with experience in contracts, utility law, municipal law, | ||||||
| 4 | and constitutional law;
| ||||||
| 5 | (12) one individual representing a Great Lakes | ||||||
| 6 | regional organization with experience assessing or | ||||||
| 7 | studying wind energy;
| ||||||
| 8 | (13) one individual representing a Statewide | ||||||
| 9 | environmental organization; | ||||||
| 10 | (14) one resident of the State representing an | ||||||
| 11 | organization advocating for persons of low or limited | ||||||
| 12 | incomes;
| ||||||
| 13 | (15) one individual representing Argonne National | ||||||
| 14 | Laboratory; and
| ||||||
| 15 | (16) one individual representing a local community | ||||||
| 16 | that has aggregated the purchase of electricity.
| ||||||
| 17 | (d) The Governor may appoint additional public members to | ||||||
| 18 | the Task Force. | ||||||
| 19 | (e) The Speaker of the House of Representatives, Minority | ||||||
| 20 | Leader of the House of Representatives,
Senate President, and | ||||||
| 21 | Minority Leader of the Senate shall each appoint one member of | ||||||
| 22 | the General Assembly to serve on the Task Force.
| ||||||
| 23 | (f) Members of the Task Force shall serve without | ||||||
| 24 | compensation.
| ||||||
| 25 | (Source: P.A. 101-283, eff. 8-9-19; revised 11-21-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 110. The Energy Policy and Planning Act is amended | ||||||
| 2 | by changing Section 4 as follows:
| ||||||
| 3 | (20 ILCS 1120/4) (from Ch. 96 1/2, par. 7804)
| ||||||
| 4 | Sec. 4. Authority. (1) The Department in addition to its | ||||||
| 5 | preparation of
energy contingency plans, shall also analyze, | ||||||
| 6 | prepare, and recommend a
comprehensive energy plan for the | ||||||
| 7 | State of Illinois.
| ||||||
| 8 | The plan shall identify emerging trends related to energy | ||||||
| 9 | supply,
demand, conservation, public health and safety | ||||||
| 10 | factors, and should specify
the levels of statewide and service | ||||||
| 11 | area energy needs, past, present, and
estimated future demand, | ||||||
| 12 | as well as the potential social, economic, or
environmental | ||||||
| 13 | effects caused by the continuation of existing trends and by
| ||||||
| 14 | the various alternatives available to the State.
The plan shall | ||||||
| 15 | also conform to the requirements of Section 8-402 of the
Public | ||||||
| 16 | Utilities Act. The Department shall design programs as | ||||||
| 17 | necessary to
achieve the purposes of this Act and the planning | ||||||
| 18 | objectives of the The Public
Utilities Act. The Department's | ||||||
| 19 | energy plan, and any programs designed
pursuant to this Section | ||||||
| 20 | shall be filed with the Commission in accordance
with the | ||||||
| 21 | Commission's planning responsibilities and hearing | ||||||
| 22 | requirements
related thereto. The Department shall | ||||||
| 23 | periodically review the plan,
objectives and programs at least | ||||||
| 24 | every 2 years, and the results of such
review and any resulting | ||||||
| 25 | changes in the Department's plan or programs shall
be filed | ||||||
| |||||||
| |||||||
| 1 | with the Commission.
| ||||||
| 2 | The Department's plan and programs and any review thereof, | ||||||
| 3 | shall also be
filed with the Governor, the General Assembly, | ||||||
| 4 | and the Public Counsel, and
shall be available to the public | ||||||
| 5 | upon request.
| ||||||
| 6 | The requirement for reporting to the General Assembly shall | ||||||
| 7 | be satisfied
by filing copies of the report as required by | ||||||
| 8 | Section 3.1 of the General Assembly Organization Act, and
| ||||||
| 9 | filing such additional copies with the State Government Report | ||||||
| 10 | Distribution
Center for the General Assembly as is required | ||||||
| 11 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
| 12 | (Source: P.A. 100-1148, eff. 12-10-18; revised 7-17-19.)
| ||||||
| 13 | Section 115. The Illinois Lottery Law is amended by | ||||||
| 14 | changing Sections 2 and 9.1 as follows:
| ||||||
| 15 | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
| ||||||
| 16 | Sec. 2. This Act is enacted to implement and establish | ||||||
| 17 | within the State
a lottery to be conducted by the State through | ||||||
| 18 | the Department. The entire net proceeds of the Lottery
are to | ||||||
| 19 | be used for the support of the State's Common School Fund,
| ||||||
| 20 | except as provided in subsection (o) of Section 9.1 and | ||||||
| 21 | Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, and 21.11, 21.12, | ||||||
| 22 | and 21.13. The General Assembly finds that it is in the public | ||||||
| 23 | interest for the Department to conduct the functions of the | ||||||
| 24 | Lottery with the assistance of a private manager under a | ||||||
| |||||||
| |||||||
| 1 | management agreement overseen by the Department. The | ||||||
| 2 | Department shall be accountable to the General Assembly and the | ||||||
| 3 | people of the State through a comprehensive system of | ||||||
| 4 | regulation, audits, reports, and enduring operational | ||||||
| 5 | oversight. The Department's ongoing conduct of the Lottery | ||||||
| 6 | through a management agreement with a private manager shall act | ||||||
| 7 | to promote and ensure the integrity, security, honesty, and | ||||||
| 8 | fairness of the Lottery's operation and administration. It is | ||||||
| 9 | the intent of the General Assembly that the Department shall | ||||||
| 10 | conduct the Lottery with the assistance of a private manager | ||||||
| 11 | under a management agreement at all times in a manner | ||||||
| 12 | consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), 1953(b)(4).
| ||||||
| 13 | Beginning with Fiscal Year 2018 and every year thereafter, | ||||||
| 14 | any moneys transferred from the State Lottery Fund to the | ||||||
| 15 | Common School Fund shall be supplemental to, and not in lieu | ||||||
| 16 | of, any other money due to be transferred to the Common School | ||||||
| 17 | Fund by law or appropriation. | ||||||
| 18 | (Source: P.A. 100-466, eff. 6-1-18; 100-647, eff. 7-30-18; | ||||||
| 19 | 100-1068, eff. 8-24-18; 101-81, eff. 7-12-19; 101-561, eff. | ||||||
| 20 | 8-23-19; revised 10-21-19.)
| ||||||
| 21 | (20 ILCS 1605/9.1) | ||||||
| 22 | Sec. 9.1. Private manager and management agreement. | ||||||
| 23 | (a) As used in this Section: | ||||||
| 24 | "Offeror" means a person or group of persons that responds | ||||||
| 25 | to a request for qualifications under this Section. | ||||||
| |||||||
| |||||||
| 1 | "Request for qualifications" means all materials and | ||||||
| 2 | documents prepared by the Department to solicit the following | ||||||
| 3 | from offerors: | ||||||
| 4 | (1) Statements of qualifications. | ||||||
| 5 | (2) Proposals to enter into a management agreement, | ||||||
| 6 | including the identity of any prospective vendor or vendors | ||||||
| 7 | that the offeror intends to initially engage to assist the | ||||||
| 8 | offeror in performing its obligations under the management | ||||||
| 9 | agreement. | ||||||
| 10 | "Final offer" means the last proposal submitted by an | ||||||
| 11 | offeror in response to the request for qualifications, | ||||||
| 12 | including the identity of any prospective vendor or vendors | ||||||
| 13 | that the offeror intends to initially engage to assist the | ||||||
| 14 | offeror in performing its obligations under the management | ||||||
| 15 | agreement. | ||||||
| 16 | "Final offeror" means the offeror ultimately selected by | ||||||
| 17 | the Governor to be the private manager for the Lottery under | ||||||
| 18 | subsection (h) of this Section. | ||||||
| 19 | (b) By September 15, 2010, the Governor shall select a | ||||||
| 20 | private manager for the total management of the Lottery with | ||||||
| 21 | integrated functions, such as lottery game design, supply of | ||||||
| 22 | goods and services, and advertising and as specified in this | ||||||
| 23 | Section. | ||||||
| 24 | (c) Pursuant to the terms of this subsection, the | ||||||
| 25 | Department shall endeavor to expeditiously terminate the | ||||||
| 26 | existing contracts in support of the Lottery in effect on July | ||||||
| |||||||
| |||||||
| 1 | 13, 2009 (the effective date of Public Act 96-37) this | ||||||
| 2 | amendatory Act of the 96th General Assembly in connection with | ||||||
| 3 | the selection of the private manager. As part of its obligation | ||||||
| 4 | to terminate these contracts and select the private manager, | ||||||
| 5 | the Department shall establish a mutually agreeable timetable | ||||||
| 6 | to transfer the functions of existing contractors to the | ||||||
| 7 | private manager so that existing Lottery operations are not | ||||||
| 8 | materially diminished or impaired during the transition. To | ||||||
| 9 | that end, the Department shall do the following: | ||||||
| 10 | (1) where such contracts contain a provision | ||||||
| 11 | authorizing termination upon notice, the Department shall | ||||||
| 12 | provide notice of termination to occur upon the mutually | ||||||
| 13 | agreed timetable for transfer of functions; | ||||||
| 14 | (2) upon the expiration of any initial term or renewal | ||||||
| 15 | term of the current Lottery contracts, the Department shall | ||||||
| 16 | not renew such contract for a term extending beyond the | ||||||
| 17 | mutually agreed timetable for transfer of functions; or | ||||||
| 18 | (3) in the event any current contract provides for | ||||||
| 19 | termination of that contract upon the implementation of a | ||||||
| 20 | contract with the private manager, the Department shall | ||||||
| 21 | perform all necessary actions to terminate the contract on | ||||||
| 22 | the date that coincides with the mutually agreed timetable | ||||||
| 23 | for transfer of functions. | ||||||
| 24 | If the contracts to support the current operation of the | ||||||
| 25 | Lottery in effect on July 13, 2009 (the effective date of | ||||||
| 26 | Public Act 96-34) this amendatory Act of the 96th General | ||||||
| |||||||
| |||||||
| 1 | Assembly are not subject to termination as provided for in this | ||||||
| 2 | subsection (c), then the Department may include a provision in | ||||||
| 3 | the contract with the private manager specifying a mutually | ||||||
| 4 | agreeable methodology for incorporation. | ||||||
| 5 | (c-5) The Department shall include provisions in the | ||||||
| 6 | management agreement whereby the private manager shall, for a | ||||||
| 7 | fee, and pursuant to a contract negotiated with the Department | ||||||
| 8 | (the "Employee Use Contract"), utilize the services of current | ||||||
| 9 | Department employees to assist in the administration and | ||||||
| 10 | operation of the Lottery. The Department shall be the employer | ||||||
| 11 | of all such bargaining unit employees assigned to perform such | ||||||
| 12 | work for the private manager, and such employees shall be State | ||||||
| 13 | employees, as defined by the Personnel Code. Department | ||||||
| 14 | employees shall operate under the same employment policies, | ||||||
| 15 | rules, regulations, and procedures, as other employees of the | ||||||
| 16 | Department. In addition, neither historical representation | ||||||
| 17 | rights under the Illinois Public Labor Relations Act, nor | ||||||
| 18 | existing collective bargaining agreements, shall be disturbed | ||||||
| 19 | by the management agreement with the private manager for the | ||||||
| 20 | management of the Lottery. | ||||||
| 21 | (d) The management agreement with the private manager shall | ||||||
| 22 | include all of the following: | ||||||
| 23 | (1) A term not to exceed 10 years, including any | ||||||
| 24 | renewals. | ||||||
| 25 | (2) A provision specifying that the Department: | ||||||
| 26 | (A) shall exercise actual control over all | ||||||
| |||||||
| |||||||
| 1 | significant business decisions; | ||||||
| 2 | (A-5) has the authority to direct or countermand | ||||||
| 3 | operating decisions by the private manager at any time; | ||||||
| 4 | (B) has ready access at any time to information | ||||||
| 5 | regarding Lottery operations; | ||||||
| 6 | (C) has the right to demand and receive information | ||||||
| 7 | from the private manager concerning any aspect of the | ||||||
| 8 | Lottery operations at any time; and | ||||||
| 9 | (D) retains ownership of all trade names, | ||||||
| 10 | trademarks, and intellectual property associated with | ||||||
| 11 | the Lottery. | ||||||
| 12 | (3) A provision imposing an affirmative duty on the | ||||||
| 13 | private manager to provide the Department with material | ||||||
| 14 | information and with any information the private manager | ||||||
| 15 | reasonably believes the Department would want to know to | ||||||
| 16 | enable the Department to conduct the Lottery. | ||||||
| 17 | (4) A provision requiring the private manager to | ||||||
| 18 | provide the Department with advance notice of any operating | ||||||
| 19 | decision that bears significantly on the public interest, | ||||||
| 20 | including, but not limited to, decisions on the kinds of | ||||||
| 21 | games to be offered to the public and decisions affecting | ||||||
| 22 | the relative risk and reward of the games being offered, so | ||||||
| 23 | the Department has a reasonable opportunity to evaluate and | ||||||
| 24 | countermand that decision. | ||||||
| 25 | (5) A provision providing for compensation of the | ||||||
| 26 | private manager that may consist of, among other things, a | ||||||
| |||||||
| |||||||
| 1 | fee for services and a performance based bonus as | ||||||
| 2 | consideration for managing the Lottery, including terms | ||||||
| 3 | that may provide the private manager with an increase in | ||||||
| 4 | compensation if Lottery revenues grow by a specified | ||||||
| 5 | percentage in a given year. | ||||||
| 6 | (6) (Blank). | ||||||
| 7 | (7) A provision requiring the deposit of all Lottery | ||||||
| 8 | proceeds to be deposited into the State Lottery Fund except | ||||||
| 9 | as otherwise provided in Section 20 of this Act. | ||||||
| 10 | (8) A provision requiring the private manager to locate | ||||||
| 11 | its principal office within the State. | ||||||
| 12 | (8-5) A provision encouraging that at least 20% of the | ||||||
| 13 | cost of contracts entered into for goods and services by | ||||||
| 14 | the private manager in connection with its management of | ||||||
| 15 | the Lottery, other than contracts with sales agents or | ||||||
| 16 | technical advisors, be awarded to businesses that are a | ||||||
| 17 | minority-owned business, a women-owned business, or a | ||||||
| 18 | business owned by a person with disability, as those terms | ||||||
| 19 | are defined in the Business Enterprise for Minorities, | ||||||
| 20 | Women, and Persons with Disabilities Act. | ||||||
| 21 | (9) A requirement that so long as the private manager | ||||||
| 22 | complies with all the conditions of the agreement under the | ||||||
| 23 | oversight of the Department, the private manager shall have | ||||||
| 24 | the following duties and obligations with respect to the | ||||||
| 25 | management of the Lottery: | ||||||
| 26 | (A) The right to use equipment and other assets | ||||||
| |||||||
| |||||||
| 1 | used in the operation of the Lottery. | ||||||
| 2 | (B) The rights and obligations under contracts | ||||||
| 3 | with retailers and vendors. | ||||||
| 4 | (C) The implementation of a comprehensive security | ||||||
| 5 | program by the private manager. | ||||||
| 6 | (D) The implementation of a comprehensive system | ||||||
| 7 | of internal audits. | ||||||
| 8 | (E) The implementation of a program by the private | ||||||
| 9 | manager to curb compulsive gambling by persons playing | ||||||
| 10 | the Lottery. | ||||||
| 11 | (F) A system for determining (i) the type of | ||||||
| 12 | Lottery games, (ii) the method of selecting winning | ||||||
| 13 | tickets, (iii) the manner of payment of prizes to | ||||||
| 14 | holders of winning tickets, (iv) the frequency of | ||||||
| 15 | drawings of winning tickets, (v) the method to be used | ||||||
| 16 | in selling tickets, (vi) a system for verifying the | ||||||
| 17 | validity of tickets claimed to be winning tickets, | ||||||
| 18 | (vii) the basis upon which retailer commissions are | ||||||
| 19 | established by the manager, and (viii) minimum | ||||||
| 20 | payouts. | ||||||
| 21 | (10) A requirement that advertising and promotion must | ||||||
| 22 | be consistent with Section 7.8a of this Act. | ||||||
| 23 | (11) A requirement that the private manager market the | ||||||
| 24 | Lottery to those residents who are new, infrequent, or | ||||||
| 25 | lapsed players of the Lottery, especially those who are | ||||||
| 26 | most likely to make regular purchases on the Internet as | ||||||
| |||||||
| |||||||
| 1 | permitted by law. | ||||||
| 2 | (12) A code of ethics for the private manager's | ||||||
| 3 | officers and employees. | ||||||
| 4 | (13) A requirement that the Department monitor and | ||||||
| 5 | oversee the private manager's practices and take action | ||||||
| 6 | that the Department considers appropriate to ensure that | ||||||
| 7 | the private manager is in compliance with the terms of the | ||||||
| 8 | management agreement, while allowing the manager, unless | ||||||
| 9 | specifically prohibited by law or the management | ||||||
| 10 | agreement, to negotiate and sign its own contracts with | ||||||
| 11 | vendors. | ||||||
| 12 | (14) A provision requiring the private manager to | ||||||
| 13 | periodically file, at least on an annual basis, appropriate | ||||||
| 14 | financial statements in a form and manner acceptable to the | ||||||
| 15 | Department. | ||||||
| 16 | (15) Cash reserves requirements. | ||||||
| 17 | (16) Procedural requirements for obtaining the prior | ||||||
| 18 | approval of the Department when a management agreement or | ||||||
| 19 | an interest in a management agreement is sold, assigned, | ||||||
| 20 | transferred, or pledged as collateral to secure financing. | ||||||
| 21 | (17) Grounds for the termination of the management | ||||||
| 22 | agreement by the Department or the private manager. | ||||||
| 23 | (18) Procedures for amendment of the agreement. | ||||||
| 24 | (19) A provision requiring the private manager to | ||||||
| 25 | engage in an open and competitive bidding process for any | ||||||
| 26 | procurement having a cost in excess of $50,000 that is not | ||||||
| |||||||
| |||||||
| 1 | a part of the private manager's final offer. The process | ||||||
| 2 | shall favor the selection of a vendor deemed to have | ||||||
| 3 | submitted a proposal that provides the Lottery with the | ||||||
| 4 | best overall value. The process shall not be subject to the | ||||||
| 5 | provisions of the Illinois Procurement Code, unless | ||||||
| 6 | specifically required by the management agreement. | ||||||
| 7 | (20) The transition of rights and obligations, | ||||||
| 8 | including any associated equipment or other assets used in | ||||||
| 9 | the operation of the Lottery, from the manager to any | ||||||
| 10 | successor manager of the lottery, including the | ||||||
| 11 | Department, following the termination of or foreclosure | ||||||
| 12 | upon the management agreement. | ||||||
| 13 | (21) Right of use of copyrights, trademarks, and | ||||||
| 14 | service marks held by the Department in the name of the | ||||||
| 15 | State. The agreement must provide that any use of them by | ||||||
| 16 | the manager shall only be for the purpose of fulfilling its | ||||||
| 17 | obligations under the management agreement during the term | ||||||
| 18 | of the agreement. | ||||||
| 19 | (22) The disclosure of any information requested by the | ||||||
| 20 | Department to enable it to comply with the reporting | ||||||
| 21 | requirements and information requests provided for under | ||||||
| 22 | subsection (p) of this Section. | ||||||
| 23 | (e) Notwithstanding any other law to the contrary, the | ||||||
| 24 | Department shall select a private manager through a competitive | ||||||
| 25 | request for qualifications process consistent with Section | ||||||
| 26 | 20-35 of the Illinois Procurement Code, which shall take into | ||||||
| |||||||
| |||||||
| 1 | account: | ||||||
| 2 | (1) the offeror's ability to market the Lottery to | ||||||
| 3 | those residents who are new, infrequent, or lapsed players | ||||||
| 4 | of the Lottery, especially those who are most likely to | ||||||
| 5 | make regular purchases on the Internet; | ||||||
| 6 | (2) the offeror's ability to address the State's | ||||||
| 7 | concern with the social effects of gambling on those who | ||||||
| 8 | can least afford to do so; | ||||||
| 9 | (3) the offeror's ability to provide the most | ||||||
| 10 | successful management of the Lottery for the benefit of the | ||||||
| 11 | people of the State based on current and past business | ||||||
| 12 | practices or plans of the offeror; and | ||||||
| 13 | (4) the offeror's poor or inadequate past performance | ||||||
| 14 | in servicing, equipping, operating or managing a lottery on | ||||||
| 15 | behalf of Illinois, another State or foreign government and | ||||||
| 16 | attracting persons who are not currently regular players of | ||||||
| 17 | a lottery. | ||||||
| 18 | (f) The Department may retain the services of an advisor or | ||||||
| 19 | advisors with significant experience in financial services or | ||||||
| 20 | the management, operation, and procurement of goods, services, | ||||||
| 21 | and equipment for a government-run lottery to assist in the | ||||||
| 22 | preparation of the terms of the request for qualifications and | ||||||
| 23 | selection of the private manager. Any prospective advisor | ||||||
| 24 | seeking to provide services under this subsection (f) shall | ||||||
| 25 | disclose any material business or financial relationship | ||||||
| 26 | during the past 3 years with any potential offeror, or with a | ||||||
| |||||||
| |||||||
| 1 | contractor or subcontractor presently providing goods, | ||||||
| 2 | services, or equipment to the Department to support the | ||||||
| 3 | Lottery. The Department shall evaluate the material business or | ||||||
| 4 | financial relationship of each prospective advisor. The | ||||||
| 5 | Department shall not select any prospective advisor with a | ||||||
| 6 | substantial business or financial relationship that the | ||||||
| 7 | Department deems to impair the objectivity of the services to | ||||||
| 8 | be provided by the prospective advisor. During the course of | ||||||
| 9 | the advisor's engagement by the Department, and for a period of | ||||||
| 10 | one year thereafter, the advisor shall not enter into any | ||||||
| 11 | business or financial relationship with any offeror or any | ||||||
| 12 | vendor identified to assist an offeror in performing its | ||||||
| 13 | obligations under the management agreement. Any advisor | ||||||
| 14 | retained by the Department shall be disqualified from being an | ||||||
| 15 | offeror.
The Department shall not include terms in the request | ||||||
| 16 | for qualifications that provide a material advantage whether | ||||||
| 17 | directly or indirectly to any potential offeror, or any | ||||||
| 18 | contractor or subcontractor presently providing goods, | ||||||
| 19 | services, or equipment to the Department to support the | ||||||
| 20 | Lottery, including terms contained in previous responses to | ||||||
| 21 | requests for proposals or qualifications submitted to | ||||||
| 22 | Illinois, another State or foreign government when those terms | ||||||
| 23 | are uniquely associated with a particular potential offeror, | ||||||
| 24 | contractor, or subcontractor. The request for proposals | ||||||
| 25 | offered by the Department on December 22, 2008 as | ||||||
| 26 | "LOT08GAMESYS" and reference number "22016176" is declared | ||||||
| |||||||
| |||||||
| 1 | void. | ||||||
| 2 | (g) The Department shall select at least 2 offerors as | ||||||
| 3 | finalists to potentially serve as the private manager no later | ||||||
| 4 | than August 9, 2010. Upon making preliminary selections, the | ||||||
| 5 | Department shall schedule a public hearing on the finalists' | ||||||
| 6 | proposals and provide public notice of the hearing at least 7 | ||||||
| 7 | calendar days before the hearing. The notice must include all | ||||||
| 8 | of the following: | ||||||
| 9 | (1) The date, time, and place of the hearing. | ||||||
| 10 | (2) The subject matter of the hearing. | ||||||
| 11 | (3) A brief description of the management agreement to | ||||||
| 12 | be awarded. | ||||||
| 13 | (4) The identity of the offerors that have been | ||||||
| 14 | selected as finalists to serve as the private manager. | ||||||
| 15 | (5) The address and telephone number of the Department. | ||||||
| 16 | (h) At the public hearing, the Department shall (i) provide | ||||||
| 17 | sufficient time for each finalist to present and explain its | ||||||
| 18 | proposal to the Department and the Governor or the Governor's | ||||||
| 19 | designee, including an opportunity to respond to questions | ||||||
| 20 | posed by the Department, Governor, or designee and (ii) allow | ||||||
| 21 | the public and non-selected offerors to comment on the | ||||||
| 22 | presentations. The Governor or a designee shall attend the | ||||||
| 23 | public hearing. After the public hearing, the Department shall | ||||||
| 24 | have 14 calendar days to recommend to the Governor whether a | ||||||
| 25 | management agreement should be entered into with a particular | ||||||
| 26 | finalist. After reviewing the Department's recommendation, the | ||||||
| |||||||
| |||||||
| 1 | Governor may accept or reject the Department's recommendation, | ||||||
| 2 | and shall select a final offeror as the private manager by | ||||||
| 3 | publication of a notice in the Illinois Procurement Bulletin on | ||||||
| 4 | or before September 15, 2010. The Governor shall include in the | ||||||
| 5 | notice a detailed explanation and the reasons why the final | ||||||
| 6 | offeror is superior to other offerors and will provide | ||||||
| 7 | management services in a manner that best achieves the | ||||||
| 8 | objectives of this Section. The Governor shall also sign the | ||||||
| 9 | management agreement with the private manager. | ||||||
| 10 | (i) Any action to contest the private manager selected by | ||||||
| 11 | the Governor under this Section must be brought within 7 | ||||||
| 12 | calendar days after the publication of the notice of the | ||||||
| 13 | designation of the private manager as provided in subsection | ||||||
| 14 | (h) of this Section. | ||||||
| 15 | (j) The Lottery shall remain, for so long as a private | ||||||
| 16 | manager manages the Lottery in accordance with provisions of | ||||||
| 17 | this Act, a Lottery conducted by the State, and the State shall | ||||||
| 18 | not be authorized to sell or transfer the Lottery to a third | ||||||
| 19 | party. | ||||||
| 20 | (k) Any tangible personal property used exclusively in | ||||||
| 21 | connection with the lottery that is owned by the Department and | ||||||
| 22 | leased to the private manager shall be owned by the Department | ||||||
| 23 | in the name of the State and shall be considered to be public | ||||||
| 24 | property devoted to an essential public and governmental | ||||||
| 25 | function. | ||||||
| 26 | (l) The Department may exercise any of its powers under | ||||||
| |||||||
| |||||||
| 1 | this Section or any other law as necessary or desirable for the | ||||||
| 2 | execution of the Department's powers under this Section. | ||||||
| 3 | (m) Neither this Section nor any management agreement | ||||||
| 4 | entered into under this Section prohibits the General Assembly | ||||||
| 5 | from authorizing forms of gambling that are not in direct | ||||||
| 6 | competition with the Lottery. The forms of gambling authorized | ||||||
| 7 | by Public Act 101-31 this amendatory Act of the 101st General | ||||||
| 8 | Assembly constitute authorized forms of gambling that are not | ||||||
| 9 | in direct competition with the Lottery. | ||||||
| 10 | (n) The private manager shall be subject to a complete | ||||||
| 11 | investigation in the third, seventh, and tenth years of the | ||||||
| 12 | agreement (if the agreement is for a 10-year term) by the | ||||||
| 13 | Department in cooperation with the Auditor General to determine | ||||||
| 14 | whether the private manager has complied with this Section and | ||||||
| 15 | the management agreement. The private manager shall bear the | ||||||
| 16 | cost of an investigation or reinvestigation of the private | ||||||
| 17 | manager under this subsection. | ||||||
| 18 | (o) The powers conferred by this Section are in addition | ||||||
| 19 | and supplemental to the powers conferred by any other law. If | ||||||
| 20 | any other law or rule is inconsistent with this Section, | ||||||
| 21 | including, but not limited to, provisions of the Illinois | ||||||
| 22 | Procurement Code, then this Section controls as to any | ||||||
| 23 | management agreement entered into under this Section. This | ||||||
| 24 | Section and any rules adopted under this Section contain full | ||||||
| 25 | and complete authority for a management agreement between the | ||||||
| 26 | Department and a private manager. No law, procedure, | ||||||
| |||||||
| |||||||
| 1 | proceeding, publication, notice, consent, approval, order, or | ||||||
| 2 | act by the Department or any other officer, Department, agency, | ||||||
| 3 | or instrumentality of the State or any political subdivision is | ||||||
| 4 | required for the Department to enter into a management | ||||||
| 5 | agreement under this Section. This Section contains full and | ||||||
| 6 | complete authority for the Department to approve any contracts | ||||||
| 7 | entered into by a private manager with a vendor providing | ||||||
| 8 | goods, services, or both goods and services to the private | ||||||
| 9 | manager under the terms of the management agreement, including | ||||||
| 10 | subcontractors of such vendors. | ||||||
| 11 | Upon receipt of a written request from the Chief | ||||||
| 12 | Procurement Officer, the Department shall provide to the Chief | ||||||
| 13 | Procurement Officer a complete and un-redacted copy of the | ||||||
| 14 | management agreement or any contract that is subject to the | ||||||
| 15 | Department's approval authority under this subsection (o). The | ||||||
| 16 | Department shall provide a copy of the agreement or contract to | ||||||
| 17 | the Chief Procurement Officer in the time specified by the | ||||||
| 18 | Chief Procurement Officer in his or her written request, but no | ||||||
| 19 | later than 5 business days after the request is received by the | ||||||
| 20 | Department. The Chief Procurement Officer must retain any | ||||||
| 21 | portions of the management agreement or of any contract | ||||||
| 22 | designated by the Department as confidential, proprietary, or | ||||||
| 23 | trade secret information in complete confidence pursuant to | ||||||
| 24 | subsection (g) of Section 7 of the Freedom of Information Act. | ||||||
| 25 | The Department shall also provide the Chief Procurement Officer | ||||||
| 26 | with reasonable advance written notice of any contract that is | ||||||
| |||||||
| |||||||
| 1 | pending Department approval. | ||||||
| 2 | Notwithstanding any other provision of this Section to the | ||||||
| 3 | contrary, the Chief Procurement Officer shall adopt | ||||||
| 4 | administrative rules, including emergency rules, to establish | ||||||
| 5 | a procurement process to select a successor private manager if | ||||||
| 6 | a private management agreement has been terminated. The | ||||||
| 7 | selection process shall at a minimum take into account the | ||||||
| 8 | criteria set forth in items (1) through (4) of subsection (e) | ||||||
| 9 | of this Section and may include provisions consistent with | ||||||
| 10 | subsections (f), (g), (h), and (i) of this Section. The Chief | ||||||
| 11 | Procurement Officer shall also implement and administer the | ||||||
| 12 | adopted selection process upon the termination of a private | ||||||
| 13 | management agreement. The Department, after the Chief | ||||||
| 14 | Procurement Officer certifies that the procurement process has | ||||||
| 15 | been followed in accordance with the rules adopted under this | ||||||
| 16 | subsection (o), shall select a final offeror as the private | ||||||
| 17 | manager and sign the management agreement with the private | ||||||
| 18 | manager. | ||||||
| 19 | Except as provided in Sections 21.5, 21.6, 21.7, 21.8, | ||||||
| 20 | 21.9, 21.10, 21.11, 21.12, and 21.13, the Department shall | ||||||
| 21 | distribute all proceeds of lottery tickets and shares sold in | ||||||
| 22 | the following priority and manner: | ||||||
| 23 | (1) The payment of prizes and retailer bonuses. | ||||||
| 24 | (2) The payment of costs incurred in the operation and | ||||||
| 25 | administration of the Lottery, including the payment of | ||||||
| 26 | sums due to the private manager under the management | ||||||
| |||||||
| |||||||
| 1 | agreement with the Department. | ||||||
| 2 | (3) On the last day of each month or as soon thereafter | ||||||
| 3 | as possible, the State Comptroller shall direct and the | ||||||
| 4 | State Treasurer shall transfer from the State Lottery Fund | ||||||
| 5 | to the Common School Fund an amount that is equal to the | ||||||
| 6 | proceeds transferred in the corresponding month of fiscal | ||||||
| 7 | year 2009, as adjusted for inflation, to the Common School | ||||||
| 8 | Fund. | ||||||
| 9 | (4) On or before September 30 of each fiscal year, | ||||||
| 10 | deposit any estimated remaining proceeds from the prior | ||||||
| 11 | fiscal year, subject to payments under items (1), (2), and | ||||||
| 12 | (3), into the Capital Projects Fund. Beginning in fiscal | ||||||
| 13 | year 2019, the amount deposited shall be increased or | ||||||
| 14 | decreased each year by the amount the estimated payment | ||||||
| 15 | differs from the amount determined from each year-end | ||||||
| 16 | financial audit. Only remaining net deficits from prior | ||||||
| 17 | fiscal years may reduce the requirement to deposit these | ||||||
| 18 | funds, as determined by the annual financial audit. | ||||||
| 19 | (p) The Department shall be subject to the following | ||||||
| 20 | reporting and information request requirements: | ||||||
| 21 | (1) the Department shall submit written quarterly | ||||||
| 22 | reports to the Governor and the General Assembly on the | ||||||
| 23 | activities and actions of the private manager selected | ||||||
| 24 | under this Section; | ||||||
| 25 | (2) upon request of the Chief Procurement Officer, the | ||||||
| 26 | Department shall promptly produce information related to | ||||||
| |||||||
| |||||||
| 1 | the procurement activities of the Department and the | ||||||
| 2 | private manager requested by the Chief Procurement | ||||||
| 3 | Officer; the Chief Procurement Officer must retain | ||||||
| 4 | confidential, proprietary, or trade secret information | ||||||
| 5 | designated by the Department in complete confidence | ||||||
| 6 | pursuant to subsection (g) of Section 7 of the Freedom of | ||||||
| 7 | Information Act; and | ||||||
| 8 | (3) at least 30 days prior to the beginning of the | ||||||
| 9 | Department's fiscal year, the Department shall prepare an | ||||||
| 10 | annual written report on the activities of the private | ||||||
| 11 | manager selected under this Section and deliver that report | ||||||
| 12 | to the Governor and General Assembly. | ||||||
| 13 | (Source: P.A. 100-391, eff. 8-25-17; 100-587, eff. 6-4-18; | ||||||
| 14 | 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; 101-31, eff. | ||||||
| 15 | 6-28-19; 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; revised | ||||||
| 16 | 10-21-19.)
| ||||||
| 17 | Section 120. The Department of Public Health Powers and | ||||||
| 18 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
| 19 | amended setting forth and
renumbering multiple versions of | ||||||
| 20 | Sections 2310-223 and 2310-455 as follows:
| ||||||
| 21 | (20 ILCS 2310/2310-222) | ||||||
| 22 | Sec. 2310-222 2310-223. Obstetric hemorrhage and | ||||||
| 23 | hypertension training. | ||||||
| 24 | (a) As used in this Section, "birthing facility" means (1) | ||||||
| |||||||
| |||||||
| 1 | a hospital, as defined in the Hospital Licensing Act, with more | ||||||
| 2 | than one licensed obstetric bed or a neonatal intensive care | ||||||
| 3 | unit; (2) a hospital operated by a State university; or (3) a | ||||||
| 4 | birth center, as defined in the Alternative Health Care | ||||||
| 5 | Delivery Act. | ||||||
| 6 | (b) The Department shall ensure that all birthing | ||||||
| 7 | facilities conduct continuing education yearly for providers | ||||||
| 8 | and staff of obstetric medicine and of the emergency department | ||||||
| 9 | and other staff that may care for pregnant or postpartum women. | ||||||
| 10 | The continuing education shall include yearly educational | ||||||
| 11 | modules regarding management of severe maternal hypertension | ||||||
| 12 | and obstetric hemorrhage for units that care for pregnant or | ||||||
| 13 | postpartum women. Birthing facilities must demonstrate | ||||||
| 14 | compliance with these education and training requirements. | ||||||
| 15 | (c) The Department shall collaborate with the Illinois | ||||||
| 16 | Perinatal Quality Collaborative or its successor organization | ||||||
| 17 | to develop an initiative to improve birth equity and reduce | ||||||
| 18 | peripartum racial and ethnic disparities. The Department shall | ||||||
| 19 | ensure that the initiative includes the development of best | ||||||
| 20 | practices for implicit bias training and education in cultural | ||||||
| 21 | competency to be used by birthing facilities in interactions | ||||||
| 22 | between patients and providers. In developing the initiative, | ||||||
| 23 | the Illinois Perinatal Quality Collaborative or its successor | ||||||
| 24 | organization shall consider existing programs, such as the | ||||||
| 25 | Alliance for Innovation on Maternal Health and the California | ||||||
| 26 | Maternal Quality Collaborative's pilot work on improving birth | ||||||
| |||||||
| |||||||
| 1 | equity. The Department shall support the initiation of a | ||||||
| 2 | statewide perinatal quality improvement initiative in | ||||||
| 3 | collaboration with birthing facilities to implement strategies | ||||||
| 4 | to reduce peripartum racial and ethnic disparities and to | ||||||
| 5 | address implicit bias in the health care system. | ||||||
| 6 | (d) The Department, in consultation with the Maternal | ||||||
| 7 | Mortality Review Committee, shall make available to all | ||||||
| 8 | birthing facilities best practices for timely identification | ||||||
| 9 | of all pregnant and postpartum women in the emergency | ||||||
| 10 | department and for appropriate and timely consultation of an | ||||||
| 11 | obstetric provider to provide input on management and | ||||||
| 12 | follow-up. Birthing facilities may use telemedicine for the | ||||||
| 13 | consultation. | ||||||
| 14 | (e) The Department may adopt rules for the purpose of | ||||||
| 15 | implementing this Section.
| ||||||
| 16 | (Source: P.A. 101-390, eff. 1-1-20; revised 10-7-19.)
| ||||||
| 17 | (20 ILCS 2310/2310-223) | ||||||
| 18 | Sec. 2310-223. Maternal care. | ||||||
| 19 | (a) The Department shall establish a classification system | ||||||
| 20 | for the following levels of maternal care: | ||||||
| 21 | (1) basic care: care of uncomplicated pregnancies with | ||||||
| 22 | the ability to detect, stabilize, and initiate management | ||||||
| 23 | of unanticipated maternal-fetal or neonatal problems that | ||||||
| 24 | occur during the antepartum, intrapartum, or postpartum | ||||||
| 25 | period until the patient can be transferred to a facility | ||||||
| |||||||
| |||||||
| 1 | at which specialty maternal care is available; | ||||||
| 2 | (2) specialty care: basic care plus care of appropriate | ||||||
| 3 | high-risk antepartum, intrapartum, or postpartum | ||||||
| 4 | conditions, both directly admitted and transferred to | ||||||
| 5 | another facility; | ||||||
| 6 | (3) subspecialty care: specialty care plus care of more | ||||||
| 7 | complex maternal medical conditions, obstetric | ||||||
| 8 | complications, and fetal conditions; and | ||||||
| 9 | (4) regional perinatal health care: subspecialty care | ||||||
| 10 | plus on-site medical and surgical care of the most complex | ||||||
| 11 | maternal conditions, critically ill pregnant women, and | ||||||
| 12 | fetuses throughout antepartum, intrapartum, and postpartum | ||||||
| 13 | care. | ||||||
| 14 | (b) The Department shall: | ||||||
| 15 | (1) introduce uniform designations for levels of | ||||||
| 16 | maternal care that are complimentary but distinct from | ||||||
| 17 | levels of neonatal care; | ||||||
| 18 | (2) establish clear, uniform criteria for designation | ||||||
| 19 | of maternal centers that are integrated with emergency | ||||||
| 20 | response systems to help ensure that the appropriate | ||||||
| 21 | personnel, physical space, equipment, and technology are | ||||||
| 22 | available to achieve optimal outcomes, as well as to | ||||||
| 23 | facilitate subsequent data collection regarding | ||||||
| 24 | risk-appropriate care; | ||||||
| 25 | (3) require each health care facility to have a clear | ||||||
| 26 | understanding of its capability to handle increasingly | ||||||
| |||||||
| |||||||
| 1 | complex levels of maternal care, and to have a well-defined | ||||||
| 2 | threshold for transferring women to health care facilities | ||||||
| 3 | that offer a higher level of care; to ensure optimal care | ||||||
| 4 | of all pregnant women, the Department shall require all | ||||||
| 5 | birth centers, hospitals, and higher-level facilities to | ||||||
| 6 | collaborate in order to develop and maintain maternal and | ||||||
| 7 | neonatal transport plans and cooperative agreements | ||||||
| 8 | capable of managing the health care needs of women who | ||||||
| 9 | develop complications; the Department shall require that | ||||||
| 10 | receiving hospitals openly accept transfers; | ||||||
| 11 | (4) require higher-level facilities to provide | ||||||
| 12 | training for quality improvement initiatives, educational | ||||||
| 13 | support, and severe morbidity and mortality case review for | ||||||
| 14 | lower-level hospitals; the Department shall ensure that, | ||||||
| 15 | in those regions that do not have a facility that qualifies | ||||||
| 16 | as a regional perinatal health care facility, any specialty | ||||||
| 17 | care facility in the region will provide the educational | ||||||
| 18 | and consultation function; | ||||||
| 19 | (5) require facilities and regional systems to develop | ||||||
| 20 | methods to track severe maternal morbidity and mortality to | ||||||
| 21 | assess the efficacy of utilizing maternal levels of care; | ||||||
| 22 | (6) analyze data collected from all facilities and | ||||||
| 23 | regional systems in order to inform future updates to the | ||||||
| 24 | levels of maternal care; | ||||||
| 25 | (7) require follow-up interdisciplinary work groups to | ||||||
| 26 | further explore the implementation needs that are | ||||||
| |||||||
| |||||||
| 1 | necessary to adopt the proposed classification system for | ||||||
| 2 | levels of maternal care in all facilities that provide | ||||||
| 3 | maternal care; | ||||||
| 4 | (8) disseminate data and materials to raise public | ||||||
| 5 | awareness about the importance of prenatal care and | ||||||
| 6 | maternal health; | ||||||
| 7 | (9) engage the Illinois Chapter of the American Academy | ||||||
| 8 | of Pediatrics in creating a quality improvement initiative | ||||||
| 9 | to expand efforts of pediatricians conducting postpartum | ||||||
| 10 | depression screening at well baby visits during the first | ||||||
| 11 | year of life; and | ||||||
| 12 | (10) adopt rules in accordance with the Illinois | ||||||
| 13 | Administrative Procedure Act to implement this subsection.
| ||||||
| 14 | (Source: P.A. 101-447, eff. 8-23-19.)
| ||||||
| 15 | (20 ILCS 2310/2310-455) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2022) | ||||||
| 17 | Sec. 2310-455. Federal funding to support maternal mental | ||||||
| 18 | health. | ||||||
| 19 | (a) The Department shall investigate and apply for federal | ||||||
| 20 | funding opportunities to support maternal mental health, to the | ||||||
| 21 | extent that programs are financed, in whole, by federal funds. | ||||||
| 22 | (b) The Department shall file a report with the General | ||||||
| 23 | Assembly on or before January 1, 2021 of the Department's | ||||||
| 24 | efforts to secure and utilize the federal funding it receives | ||||||
| 25 | from the requirement specified in subsection (a). | ||||||
| |||||||
| |||||||
| 1 | (c) This Section is repealed on January 1, 2022.
| ||||||
| 2 | (Source: P.A. 101-70, eff. 1-1-20.)
| ||||||
| 3 | (20 ILCS 2310/2310-460) | ||||||
| 4 | Sec. 2310-460 2310-455. Suicide prevention. Subject to | ||||||
| 5 | appropriation, the Department shall implement activities | ||||||
| 6 | associated with the Suicide Prevention, Education, and | ||||||
| 7 | Treatment Act, including, but not limited to, the following: | ||||||
| 8 | (1) Coordinating suicide prevention, intervention, and | ||||||
| 9 | postvention programs, services, and efforts statewide. | ||||||
| 10 | (2) Developing and submitting proposals for funding | ||||||
| 11 | from federal agencies or other sources of funding to | ||||||
| 12 | promote suicide prevention and coordinate activities. | ||||||
| 13 | (3) With input from the Illinois Suicide Prevention | ||||||
| 14 | Alliance, preparing the Illinois Suicide Prevention | ||||||
| 15 | Strategic Plan required under Section 15 of the Suicide | ||||||
| 16 | Prevention, Education, and Treatment Act and coordinating | ||||||
| 17 | the activities necessary to implement the recommendations | ||||||
| 18 | in that Plan. | ||||||
| 19 | (4) With input from the Illinois Suicide Prevention | ||||||
| 20 | Alliance, providing to the Governor and General Assembly | ||||||
| 21 | the annual report required under Section 13 of the Suicide | ||||||
| 22 | Prevention, Education, and Treatment Act. | ||||||
| 23 | (5) Providing technical support for the activities of | ||||||
| 24 | the Illinois Suicide Prevention Alliance.
| ||||||
| 25 | (Source: P.A. 101-331, eff. 8-9-19; revised 9-24-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 125. The State Police Act is amended by changing | ||||||
| 2 | Section 40 as follows:
| ||||||
| 3 | (20 ILCS 2610/40) | ||||||
| 4 | Sec. 40. Training; administration of epinephrine. | ||||||
| 5 | (a) This Section, along with Section 10.19 of the Illinois | ||||||
| 6 | Police Training Act, may be referred to as the Annie LeGere | ||||||
| 7 | Law. | ||||||
| 8 | (b) For the purposes of this Section, "epinephrine | ||||||
| 9 | auto-injector" means a single-use device used for the automatic | ||||||
| 10 | injection of a pre-measured dose of epinephrine into the human | ||||||
| 11 | body prescribed in the name of the Department. | ||||||
| 12 | (c) The Department may conduct or approve a training | ||||||
| 13 | program for State Police officers to recognize and respond to | ||||||
| 14 | anaphylaxis, including, but not limited to: | ||||||
| 15 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 16 | (2) how to respond to an emergency involving an | ||||||
| 17 | allergic reaction; | ||||||
| 18 | (3) how to administer an epinephrine auto-injector; | ||||||
| 19 | (4) how to respond to an individual with a known | ||||||
| 20 | allergy as well as an individual with a previously unknown | ||||||
| 21 | allergy; | ||||||
| 22 | (5) a test demonstrating competency of the knowledge | ||||||
| 23 | required to recognize anaphylaxis and administer an | ||||||
| 24 | epinephrine auto-injector; and | ||||||
| |||||||
| |||||||
| 1 | (6) other criteria as determined in rules adopted by | ||||||
| 2 | the Department. | ||||||
| 3 | (d) The Department may authorize a State Police officer who | ||||||
| 4 | has completed the training program under subsection (c) to | ||||||
| 5 | carry, administer, or assist with the administration of | ||||||
| 6 | epinephrine auto-injectors whenever he or she is performing | ||||||
| 7 | official duties. | ||||||
| 8 | (e) The Department must establish a written policy to | ||||||
| 9 | control the acquisition, storage, transportation, | ||||||
| 10 | administration, and disposal of epinephrine auto-injectors | ||||||
| 11 | before it allows any State Police officer to carry and | ||||||
| 12 | administer epinephrine auto-injectors. | ||||||
| 13 | (f) A physician, physician physician's assistant with | ||||||
| 14 | prescriptive authority, or advanced practice registered nurse | ||||||
| 15 | with prescriptive authority may provide a standing protocol or | ||||||
| 16 | prescription for epinephrine auto-injectors in the name of the | ||||||
| 17 | Department to be maintained for use when necessary. | ||||||
| 18 | (g) When a State Police officer administers an epinephrine | ||||||
| 19 | auto-injector in good faith, the officer and the Department, | ||||||
| 20 | and its employees and agents, including a physician, physician | ||||||
| 21 | physician's assistant with prescriptive authority, or advanced | ||||||
| 22 | practice registered nurse with prescriptive authority who | ||||||
| 23 | provides a standing order or prescription for an epinephrine | ||||||
| 24 | auto-injector, incur no civil or professional liability, | ||||||
| 25 | except for willful and wanton conduct, as a result of any | ||||||
| 26 | injury or death arising from the use of an epinephrine | ||||||
| |||||||
| |||||||
| 1 | auto-injector.
| ||||||
| 2 | (Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17; | ||||||
| 3 | 100-648, eff. 7-31-18; revised 1-14-20.)
| ||||||
| 4 | Section 130. The Department of Transportation Law of the
| ||||||
| 5 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 6 | Sections 2705-610 and 2705-615 as follows:
| ||||||
| 7 | (20 ILCS 2705/2705-610) | ||||||
| 8 | Sec. 2705-610. Disadvantaged business revolving loan and | ||||||
| 9 | grant program. | ||||||
| 10 | (a) Purpose. The purpose of this Section is to provide for | ||||||
| 11 | assistance to disadvantaged business enterprises with project | ||||||
| 12 | financing costs for those firms that are ready, willing, and | ||||||
| 13 | able to participate on Department construction contracts. The | ||||||
| 14 | Department's disparity study recommends and supports a | ||||||
| 15 | financing program to address this barrier faced by | ||||||
| 16 | disadvantaged business enterprises. | ||||||
| 17 | (b) For the purposes of this Section: | ||||||
| 18 | "Construction" means building, altering, repairing, | ||||||
| 19 | improving, or demolishing any public structure or building, or | ||||||
| 20 | making improvements of any kind to public real property. | ||||||
| 21 | Construction does not include the routine operation, routine | ||||||
| 22 | repair, or routine maintenance of existing structures, | ||||||
| 23 | buildings, or real property. | ||||||
| 24 | "Construction-related services" means those services | ||||||
| |||||||
| |||||||
| 1 | including construction design, layout, inspection, support, | ||||||
| 2 | feasibility or location study, research, development, | ||||||
| 3 | planning, or other investigative study undertaken by a | ||||||
| 4 | construction agency concerning construction or potential | ||||||
| 5 | construction. | ||||||
| 6 | "Contractor" means one who participates, through a | ||||||
| 7 | contract or subcontract at any tier, in a United States | ||||||
| 8 | Department of Transportation-assisted or Illinois Department | ||||||
| 9 | of Transportation-assisted highway, rail, transit, or airport | ||||||
| 10 | program. | ||||||
| 11 | "Escrow account" means a fiduciary account established | ||||||
| 12 | with (1) a banking corporation which is both organized under | ||||||
| 13 | the Illinois Banking Act and authorized to accept and | ||||||
| 14 | administer trusts in this State; or (2) a national banking | ||||||
| 15 | association which has its principal place of business in this | ||||||
| 16 | State and which is authorized to accept and administer trusts | ||||||
| 17 | in this State. | ||||||
| 18 | "Fund Control Agent" means a person who provides managerial | ||||||
| 19 | and technical assistance to disadvantaged business enterprises | ||||||
| 20 | and holds the authority to manage a loan under this Section. | ||||||
| 21 | The Fund Control Agent will be procured by the Department under | ||||||
| 22 | a request for proposal process governed by the Illinois | ||||||
| 23 | Procurement Code and rules adopted under that Code. | ||||||
| 24 | "Loan" or "loan assistance funds" means a low-interest line | ||||||
| 25 | of credit made available to a selected disadvantaged business | ||||||
| 26 | enterprise under this program for the purposes set forth in | ||||||
| |||||||
| |||||||
| 1 | subsection (f) below. | ||||||
| 2 | (c) The Department may enter into agreements to make loans | ||||||
| 3 | to disadvantaged business enterprises certified by the | ||||||
| 4 | Department for participation on Department-procured | ||||||
| 5 | construction and construction-related contracts. For purposes | ||||||
| 6 | of this Section, the term "disadvantaged business enterprise" | ||||||
| 7 | has the meaning ascribed to it by 49 CFR Part 26. | ||||||
| 8 | The Department shall establish a loan selection committee | ||||||
| 9 | to review applications and select eligible disadvantaged | ||||||
| 10 | business enterprises for low-interest loans under this | ||||||
| 11 | program. A selection committee shall be comprised of at least 3 | ||||||
| 12 | members appointed by the Secretary of the Department and shall | ||||||
| 13 | include at least one public member from the construction or | ||||||
| 14 | financing industry. The public member may not be employed or | ||||||
| 15 | associated with any disadvantaged business enterprise holding | ||||||
| 16 | a contract with the Department nor may the public member's firm | ||||||
| 17 | be considered for a contract with the Department while he or | ||||||
| 18 | she is serving as a public member of the committee. Terms of | ||||||
| 19 | service for public members shall not exceed 5 years. No public | ||||||
| 20 | member of the loan selection committee shall hold consecutive | ||||||
| 21 | terms, nor shall any member receive any compensation other than | ||||||
| 22 | for reasonable expenses for service related to this committee. | ||||||
| 23 | The Department shall establish through administrative | ||||||
| 24 | rules the requirements for eligibility and criteria for loan | ||||||
| 25 | applications, approved use of funds, amount of loans, interest | ||||||
| 26 | rates, collateral, and terms. The Department is authorized to | ||||||
| |||||||
| |||||||
| 1 | adopt rules to implement this Section. | ||||||
| 2 | The Department shall notify the prime contractor on a | ||||||
| 3 | project that a subcontractor on the same project has been | ||||||
| 4 | awarded a loan from the Working Capital Revolving Loan Fund. If | ||||||
| 5 | the loan agreement is amended by the parties of the loan | ||||||
| 6 | agreement, the prime contractor shall not be a party to any | ||||||
| 7 | disadvantaged business enterprise loan agreement between the | ||||||
| 8 | Department and participating subcontractor and shall not incur | ||||||
| 9 | any liability for loan debt accrued as a result of the loan | ||||||
| 10 | agreement. | ||||||
| 11 | (d) Loan funds shall be disbursed to the escrow account, | ||||||
| 12 | subject to appropriation, from the Working Capital Revolving | ||||||
| 13 | Loan Fund established as a special fund in the State treasury. | ||||||
| 14 | Loaned funds that are repaid to the Department shall be | ||||||
| 15 | deposited into the Working Capital Revolving Loan Fund. Other | ||||||
| 16 | appropriations, grants, awards, and donations to the | ||||||
| 17 | Department for the purpose of the revolving loan program | ||||||
| 18 | established by this Section shall be deposited into the Working | ||||||
| 19 | Capital Revolving Loan Fund. | ||||||
| 20 | (e) A funds control process shall be established to serve | ||||||
| 21 | as an intermediary between the Department and the contractor to | ||||||
| 22 | verify payments and to ensure paperwork is properly filed. The | ||||||
| 23 | Fund Control Agent and contractor shall enter into an agreement | ||||||
| 24 | regarding the control and disbursement of all payments to be | ||||||
| 25 | made by the Fund Control Agent under the contract. The | ||||||
| 26 | Department shall authorize and direct the Fund Control Agent to | ||||||
| |||||||
| |||||||
| 1 | review all disbursement requests and supporting documents | ||||||
| 2 | received from the contractor. The Fund Control Agent shall | ||||||
| 3 | direct the escrow account to disburse escrow funds to the | ||||||
| 4 | subcontractor, material supplier, and other appropriate | ||||||
| 5 | entities by written request for the disbursement. The | ||||||
| 6 | disadvantaged business enterprise shall maintain control over | ||||||
| 7 | its business operations by directing the payments of the loan | ||||||
| 8 | funds through its relationship with the Funds Control Agent. | ||||||
| 9 | The funds control process shall require the Fund Control Agent | ||||||
| 10 | to intercept payments made from a contractor to a subcontractor | ||||||
| 11 | receiving a loan made under this Act and allow the Fund Control | ||||||
| 12 | Agent to deduct any unpaid loan repayments owed to the State | ||||||
| 13 | before releasing the payment to the subcontractor. | ||||||
| 14 | (f) Loan assistance funds shall be allowed for current | ||||||
| 15 | liabilities or working capital expenses associated with | ||||||
| 16 | participation in the performance of contracts procured and | ||||||
| 17 | awarded by the Department for transportation construction and | ||||||
| 18 | construction-related purposes. Loan funds shall not be used | ||||||
| 19 | for: | ||||||
| 20 | (1) refinancing or payment of existing long-term debt; | ||||||
| 21 | (2) payment of non-current taxes; | ||||||
| 22 | (3) payments, advances, or loans to stockholders, | ||||||
| 23 | officers, directors, partners, or member owners of limited | ||||||
| 24 | liability companies; or | ||||||
| 25 | (4) the purchase or lease of non-construction motor | ||||||
| 26 | vehicles or equipment. | ||||||
| |||||||
| |||||||
| 1 | The loan agreement shall provide for the terms and | ||||||
| 2 | conditions of repayment which shall not extend repayment longer | ||||||
| 3 | than final payment made by the Department following completion | ||||||
| 4 | and acceptance of the work authorized for loan assistance under | ||||||
| 5 | the program. The funds shall be loaned with interest. | ||||||
| 6 | (g) The number of loans one disadvantaged business | ||||||
| 7 | enterprise may receive under this program is limited to 3. | ||||||
| 8 | Loans shall not be granted simultaneously. An applicant shall | ||||||
| 9 | not be permitted to obtain a loan under this program for a | ||||||
| 10 | different and additional project until payment in full of any | ||||||
| 11 | outstanding loans granted under this program have been received | ||||||
| 12 | by the Department. | ||||||
| 13 | (h) The rate of interest for any loan shall be set by rule. | ||||||
| 14 | (i) The loan amount to any successful applicant shall not | ||||||
| 15 | exceed 55% percent of the contract or subcontract supporting | ||||||
| 16 | the loan. | ||||||
| 17 | (j) Nothing in this Section shall impair the contractual | ||||||
| 18 | rights of the Department and the prime contractor or the | ||||||
| 19 | contractual rights between a prime contractor and | ||||||
| 20 | subcontractor. | ||||||
| 21 | (k) Nothing in this Section is intended nor shall be | ||||||
| 22 | construed to vest applicants denied funds by the Department in | ||||||
| 23 | accordance with this Section a right to challenge, protest, or | ||||||
| 24 | contest the awarding of funds by the Department to successful | ||||||
| 25 | applicants or any loan or agreement executed in connection with | ||||||
| 26 | it. | ||||||
| |||||||
| |||||||
| 1 | (l) The debt delinquency prohibition under Section 50-11 of | ||||||
| 2 | the Illinois Procurement Code applies to any future contracts | ||||||
| 3 | or subcontracts in the event of a loan default. | ||||||
| 4 | (m) Investment income which is attributable to the | ||||||
| 5 | investment of moneys in the Working Capital Revolving Loan Fund | ||||||
| 6 | shall be retained in the Working Capital Revolving Loan Fund. | ||||||
| 7 | (n) By January 1, 2014 and January 1 of each succeeding | ||||||
| 8 | year, the Department shall report to the Governor and the | ||||||
| 9 | General Assembly on the utilization and status of the revolving | ||||||
| 10 | loan program. The report shall, at a minimum, include the | ||||||
| 11 | amount transferred from the Road Fund to the Working Capital | ||||||
| 12 | Revolving Loan Fund, the number and size of approved loans, the | ||||||
| 13 | amounts disbursed to and from the escrow account, the amounts, | ||||||
| 14 | if any, repaid to the Working Capital Revolving Loan Fund, the | ||||||
| 15 | interest and fees paid by loan recipients, and the interest | ||||||
| 16 | earned on balances in the Working Capital Revolving Loan Fund, | ||||||
| 17 | and the names of any contractors who are delinquent or in | ||||||
| 18 | default of payment. The January 1, 2017 report shall include an | ||||||
| 19 | evaluation of the program by the Department to determine the | ||||||
| 20 | program's viability and progress towards its stated purpose. | ||||||
| 21 | (o) The Department's authority to execute additional loans | ||||||
| 22 | or request transfers to the Working Capital Revolving Loan Fund | ||||||
| 23 | expires on June 1, 2018. The Comptroller shall order | ||||||
| 24 | transferred and the Treasurer shall transfer any available | ||||||
| 25 | balance remaining in the Working Capital Revolving Loan Fund to | ||||||
| 26 | the Road Fund on January 1, 2019, or as soon thereafter as may | ||||||
| |||||||
| |||||||
| 1 | be practical. Any loan repayments, interest, or fees that are | ||||||
| 2 | by the terms of a loan agreement payable to the Working Capital | ||||||
| 3 | Revolving Loan Fund after June 20, 2018 shall instead be paid | ||||||
| 4 | into the Road Fund as the successor fund to the Working Capital | ||||||
| 5 | Revolving Loan Fund.
| ||||||
| 6 | (Source: P.A. 98-117, eff. 7-30-13; revised 7-16-19.)
| ||||||
| 7 | (20 ILCS 2705/2705-615) | ||||||
| 8 | Sec. 2705-615. Supplemental funding; Illinois | ||||||
| 9 | Transportation Enhancement Program. | ||||||
| 10 | (a) In addition to any other funding that may be provided | ||||||
| 11 | to the Illinois Transportation Enhancement Program from | ||||||
| 12 | federal, State, or other sources, including, but not limited | ||||||
| 13 | to, the Transportation Alternatives Set-Aside of the Surface | ||||||
| 14 | Transportation Block Grant Program, the Department shall set | ||||||
| 15 | aside $50,000,000 received by the Department from the Road Fund | ||||||
| 16 | for the projects in the following categories: pedestrian and | ||||||
| 17 | bicycle facilities and the conversion of abandoned railroad | ||||||
| 18 | corridors to trails. | ||||||
| 19 | (b) Except as provided in subsection (c), funds set aside | ||||||
| 20 | under subsection (a) shall be administered according to the | ||||||
| 21 | requirements of the current Guidelines Manual published by the | ||||||
| 22 | Department for the Illinois Transportation Enhancement | ||||||
| 23 | Program, including, but not limited to, decision-making by the | ||||||
| 24 | Department and the applicable Metropolitan Planning | ||||||
| 25 | Organization and proportional fund distribution according to | ||||||
| |||||||
| |||||||
| 1 | population size. | ||||||
| 2 | (c) For projects funded under this Section: | ||||||
| 3 | (1) local matching funding shall be required according | ||||||
| 4 | to a sliding scale based on community size, median income, | ||||||
| 5 | and total property tax base; | ||||||
| 6 | (2) Phase I Studies and Phase I Engineering Reports are | ||||||
| 7 | not required to be completed before application is made; | ||||||
| 8 | and | ||||||
| 9 | (3) at least 25% of funding shall be directed towards | ||||||
| 10 | projects in high-need communities, based on community | ||||||
| 11 | median income and total property tax base. | ||||||
| 12 | (d) The Department shall adopt rules necessary to implement | ||||||
| 13 | this Section. | ||||||
| 14 | (e) The Department shall adhere to a 2-year funding cycle | ||||||
| 15 | for the Illinois Transportation Enhancement Program with calls | ||||||
| 16 | for projects at least every other year. | ||||||
| 17 | (f) The Department shall make all funded and unfunded the | ||||||
| 18 | Illinois Transportation Enhancement Program applications | ||||||
| 19 | publicly available upon completion of each funding cycle, | ||||||
| 20 | including how each application scored on the program criteria.
| ||||||
| 21 | (Source: P.A. 101-32, eff. 6-28-19; revised 7-24-19.)
| ||||||
| 22 | Section 135. The State Fire Marshal Act is amended by | ||||||
| 23 | changing Section 3 as follows:
| ||||||
| 24 | (20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3.
There is created the Illinois Fire Advisory | ||||||
| 2 | Commission which
shall advise the Office in the exercise of its | ||||||
| 3 | powers and duties. The
Commission shall be appointed by the | ||||||
| 4 | Governor as follows: | ||||||
| 5 | (1) 3 professional, full-time fulltime paid | ||||||
| 6 | firefighters; | ||||||
| 7 | (2) one volunteer firefighter; | ||||||
| 8 | (3) one Fire Protection Engineer who is registered in
| ||||||
| 9 | Illinois; | ||||||
| 10 | (4) one person who is a representative of the fire | ||||||
| 11 | insurance Fire
Insurance industry in Illinois; | ||||||
| 12 | (5) one person who is a representative of a
registered | ||||||
| 13 | United States Department of Labor
apprenticeship program | ||||||
| 14 | primarily instructing
in the installation and repair of
| ||||||
| 15 | fire extinguishing systems; | ||||||
| 16 | (6) one a licensed operating or stationary engineer who
| ||||||
| 17 | has an associate degree in facilities engineering
| ||||||
| 18 | technology and has knowledge of the operation and
| ||||||
| 19 | maintenance maintennce of fire alarm and fire
| ||||||
| 20 | extinguishing systems primarily for the life safety of
| ||||||
| 21 | occupants in a variety of commercial or residential
| ||||||
| 22 | structures; and | ||||||
| 23 | (7) 3 persons with an interest in and knowledgeable
| ||||||
| 24 | about fire prevention methods.
| ||||||
| 25 | In addition, the following shall serve as ex officio | ||||||
| 26 | members of the
Commission: the Chicago Fire Commissioner, or | ||||||
| |||||||
| |||||||
| 1 | his or her designee; the
executive officer, or his or her | ||||||
| 2 | designee, of each of the following
organizations: the Illinois | ||||||
| 3 | Fire Chiefs Association, the Illinois Fire
Protection District | ||||||
| 4 | Association, the Illinois Fire Inspectors
Association, the | ||||||
| 5 | Illinois Professional Firefighters Association, the
Illinois | ||||||
| 6 | Firemen's Association, the Associated Firefighters of | ||||||
| 7 | Illinois,
the Illinois Society of Fire Service Instructors,
and | ||||||
| 8 | the Fire Service Institute, University of Illinois.
| ||||||
| 9 | The Governor shall designate, at the time of appointment, 3 | ||||||
| 10 | members
to serve terms expiring on the third Monday in January, | ||||||
| 11 | 1979; 3 members
to serve terms expiring the third Monday in | ||||||
| 12 | January, 1980; and 2 members
to serve terms expiring the third | ||||||
| 13 | Monday in January, 1981. The
additional member appointed by the | ||||||
| 14 | Governor pursuant to Public Act 85-718 this amendatory Act
of | ||||||
| 15 | 1987 shall serve for a term expiring the third Monday in | ||||||
| 16 | January, 1990. Thereafter,
all terms shall be for 3 years. A | ||||||
| 17 | member shall serve until his or her
successor is appointed and | ||||||
| 18 | qualified. A vacancy shall be filled for the
unexpired term.
| ||||||
| 19 | The Governor shall designate one of the appointed members | ||||||
| 20 | to be
chairman of the Commission.
| ||||||
| 21 | Members shall serve without compensation but shall be | ||||||
| 22 | reimbursed for
their actual reasonable expenses incurred in the | ||||||
| 23 | performance of their
duties.
| ||||||
| 24 | (Source: P.A. 101-234, eff. 8-9-19; revised 9-12-19.)
| ||||||
| 25 | Section 140. The Capital Development Board Act is amended | ||||||
| |||||||
| |||||||
| 1 | by changing Sections 10.09-1 and 12 as follows:
| ||||||
| 2 | (20 ILCS 3105/10.09-1) | ||||||
| 3 | Sec. 10.09-1. Certification of inspection. | ||||||
| 4 | (a) After July 1, 2011, no person may occupy a newly | ||||||
| 5 | constructed commercial building in a non-building code | ||||||
| 6 | jurisdiction until: | ||||||
| 7 | (1) The property owner or his or her agent has first | ||||||
| 8 | contracted for the inspection of the building by an | ||||||
| 9 | inspector who meets the qualifications established by the | ||||||
| 10 | Board; and | ||||||
| 11 | (2) The qualified inspector files a certification of | ||||||
| 12 | inspection with the municipality or county having such | ||||||
| 13 | jurisdiction over the property indicating that the | ||||||
| 14 | building meets compliance with the building codes adopted | ||||||
| 15 | by the Board for non-building code jurisdictions based on | ||||||
| 16 | the following: | ||||||
| 17 | (A) The current edition or most recent preceding | ||||||
| 18 | editions of the following codes developed by the | ||||||
| 19 | International Code Council: | ||||||
| 20 | (i) International Building Code; | ||||||
| 21 | (ii) International Existing Building Code; and | ||||||
| 22 | (B) The current edition or most recent preceding | ||||||
| 23 | edition of the National Electrical Code NFPA 70. | ||||||
| 24 | (b) This Section does not apply to any area in a | ||||||
| 25 | municipality or county having jurisdiction that has registered | ||||||
| |||||||
| |||||||
| 1 | its adopted building code with the Board as required by Section | ||||||
| 2 | 55 of the Illinois Building Commission Act. | ||||||
| 3 | (c) The qualification requirements of this Section do not | ||||||
| 4 | apply to building enforcement personnel employed by | ||||||
| 5 | jurisdictions as defined in subsection (b). | ||||||
| 6 | (d) For purposes of this Section: | ||||||
| 7 | "Commercial building" means any building other than a | ||||||
| 8 | single-family home or a dwelling containing 2 or fewer | ||||||
| 9 | apartments, condominiums, or townhomes or a farm building as | ||||||
| 10 | exempted from Section 3 of the Illinois Architecture Practice | ||||||
| 11 | Act of 1989. | ||||||
| 12 | "Newly constructed commercial building" means any | ||||||
| 13 | commercial building for which original construction has | ||||||
| 14 | commenced on or after July 1, 2011. | ||||||
| 15 | "Non-building code jurisdiction" means any area of the | ||||||
| 16 | State not subject to a building code imposed by either a county | ||||||
| 17 | or municipality. | ||||||
| 18 | "Qualified inspector" means an individual qualified by the | ||||||
| 19 | State of Illinois, certified by a nationally recognized | ||||||
| 20 | building official certification organization, qualified by an | ||||||
| 21 | apprentice program certified by the Bureau of Apprentice | ||||||
| 22 | Training, or who has filed verification of inspection | ||||||
| 23 | experience according to rules adopted by the Board for the | ||||||
| 24 | purposes of conducting inspections in non-building code | ||||||
| 25 | jurisdictions. | ||||||
| 26 | (e) New residential construction is exempt from this | ||||||
| |||||||
| |||||||
| 1 | Section and is defined as any original construction of a | ||||||
| 2 | single-family home or a dwelling containing 2 or fewer | ||||||
| 3 | apartments,
condominiums, or townhomes in accordance with the | ||||||
| 4 | Illinois Residential Building Code Act. | ||||||
| 5 | (f) Local governments may establish agreements with other | ||||||
| 6 | governmental entities within the State to issue permits and | ||||||
| 7 | enforce building codes and may hire third-party providers that | ||||||
| 8 | are qualified in accordance with this Section to provide | ||||||
| 9 | inspection services. | ||||||
| 10 | (g) This Section does not regulate any other statutorily | ||||||
| 11 | authorized code or regulation administered by State agencies. | ||||||
| 12 | These include without limitation the Illinois Plumbing Code, | ||||||
| 13 | the Illinois Environmental Barriers Act, the International | ||||||
| 14 | Energy Conservation Code, and administrative rules adopted by | ||||||
| 15 | the Office of the State Fire Marshal. | ||||||
| 16 | (h) This Section applies beginning July 1, 2011.
| ||||||
| 17 | (Source: P.A. 101-369, eff. 12-15-19; revised 11-26-19.)
| ||||||
| 18 | (20 ILCS 3105/12) (from Ch. 127, par. 782)
| ||||||
| 19 | Sec. 12.
Nothing in this Act shall be construed to include | ||||||
| 20 | the power to
abrogate those powers vested in the boards of the | ||||||
| 21 | local public community
college districts and the Illinois | ||||||
| 22 | Community College Board by the Public
Community College Act, | ||||||
| 23 | the Board of Trustees of the University of Illinois, The
Board | ||||||
| 24 | of Trustees of Southern Illinois University,
the Board of | ||||||
| 25 | Trustees of Chicago State University, the Board of Trustees of
| ||||||
| |||||||
| |||||||
| 1 | Eastern Illinois University, the Board of Trustees of Governors | ||||||
| 2 | State
University, the Board of Trustees of Illinois State | ||||||
| 3 | University, the Board of
Trustees of Northeastern Illinois | ||||||
| 4 | University, the Board of Trustees of Northern
Illinois | ||||||
| 5 | University, and the Board of Trustees of Western Illinois | ||||||
| 6 | University,
hereinafter referred to as Governing
Boards. In the | ||||||
| 7 | exercise of the powers conferred by law upon the Board and
in | ||||||
| 8 | the exercise of the powers vested in such Governing Boards, it | ||||||
| 9 | is hereby
provided that (i) the Board and any such Governing | ||||||
| 10 | Board may contract with
each other and other parties as to the | ||||||
| 11 | design and construction of any
project to be constructed for or | ||||||
| 12 | upon the property of such Governing Board
or any institution | ||||||
| 13 | under its jurisdiction; (ii) in connection with any such
| ||||||
| 14 | project, compliance with the provisions of the Illinois | ||||||
| 15 | Procurement Code by
either the Board or such Governing Board | ||||||
| 16 | shall be deemed to be compliance
by the other; (iii) funds | ||||||
| 17 | appropriated to any such Governing Board may be
expended for | ||||||
| 18 | any project constructed by the Board for such Governing Board;
| ||||||
| 19 | (iv) in connection with any such project, the architects and | ||||||
| 20 | engineers
retained for the project and the plans and | ||||||
| 21 | specifications for the project
must be approved by both the | ||||||
| 22 | Governing Board and the Board before
undertaking either design | ||||||
| 23 | or construction of the project, as the case may
be.
| ||||||
| 24 | (Source: P.A. 101-369, eff. 12-15-19; revised 11-26-19.)
| ||||||
| 25 | Section 145. The General Assembly Compensation Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Section 1 as follows:
| ||||||
| 2 | (25 ILCS 115/1) (from Ch. 63, par. 14) | ||||||
| 3 | Sec. 1. Each member of the General Assembly shall receive | ||||||
| 4 | an annual salary
of $28,000 or as set by the Compensation | ||||||
| 5 | Review Board, whichever is
greater. The
following named | ||||||
| 6 | officers, committee chairmen and committee minority spokesmen
| ||||||
| 7 | shall receive additional amounts per year for
their services as | ||||||
| 8 | such officers, committee chairmen and committee
minority | ||||||
| 9 | spokesmen respectively, as set by the Compensation
Review Board | ||||||
| 10 | or, as follows, whichever is greater: Beginning the second
| ||||||
| 11 | Wednesday in January 1989, the Speaker and the minority leader | ||||||
| 12 | of the
House of Representatives and the
President and the | ||||||
| 13 | minority leader of the Senate, $16,000 each; the
majority | ||||||
| 14 | leader in the House of Representatives $13,500;
5 assistant
| ||||||
| 15 | majority leaders and 5 assistant minority leaders in the | ||||||
| 16 | Senate,
$12,000
each; 6 assistant majority leaders and 6 | ||||||
| 17 | assistant minority leaders in
the House of Representatives, | ||||||
| 18 | $10,500 each; 2 Deputy
Majority leaders in the House of | ||||||
| 19 | Representatives $11,500 each; and 2 Deputy
Minority leaders in | ||||||
| 20 | the House of Representatives, $11,500 each; the majority
caucus | ||||||
| 21 | chairman and minority caucus chairman in the Senate, $12,000 | ||||||
| 22 | each;
and beginning the second Wednesday in January, 1989, the | ||||||
| 23 | majority
conference chairman and the minority conference | ||||||
| 24 | chairman
in the House of Representatives, $10,500 each; | ||||||
| 25 | beginning
the second Wednesday in January, 1989, the chairman | ||||||
| |||||||
| |||||||
| 1 | and minority spokesman
of each standing committee of the | ||||||
| 2 | Senate, except the Rules Committee, the
Committee on | ||||||
| 3 | Committees, and the Committee on Assignment of Bills, $6,000
| ||||||
| 4 | each; and beginning the second Wednesday in January, 1989, the | ||||||
| 5 | chairman and
minority spokesman of each standing and select | ||||||
| 6 | committee of the House of
Representatives, $6,000 each; and | ||||||
| 7 | beginning fiscal year 2020, the majority leader in the Senate, | ||||||
| 8 | an amount equal to the majority leader in the House. A member | ||||||
| 9 | who serves in more than one
position as an officer, committee | ||||||
| 10 | chairman, or committee minority spokesman
shall receive only | ||||||
| 11 | one additional amount based on the position paying the
highest | ||||||
| 12 | additional amount. The
compensation provided for in this | ||||||
| 13 | Section to be paid per year to members
of the General Assembly, | ||||||
| 14 | including the additional sums payable per year
to officers of | ||||||
| 15 | the General Assembly shall be paid in 12 equal monthly
| ||||||
| 16 | installments. The first such installment is payable on January | ||||||
| 17 | 31,
1977. All subsequent equal monthly installments are payable | ||||||
| 18 | on the last
working day of the month. A member who has held | ||||||
| 19 | office any part of a
month is entitled to compensation for an | ||||||
| 20 | entire month. | ||||||
| 21 | Mileage shall be paid at the rate of 20 cents per mile | ||||||
| 22 | before January
9, 1985, and at the mileage allowance rate in | ||||||
| 23 | effect under regulations
promulgated pursuant to 5 U.S.C. | ||||||
| 24 | 5707(b)(2) beginning January 9, 1985, for the number
of actual | ||||||
| 25 | highway miles necessarily and conveniently traveled by the
most | ||||||
| 26 | feasible route to be present upon convening of the sessions of | ||||||
| |||||||
| |||||||
| 1 | the
General Assembly by such member in each and every trip | ||||||
| 2 | during each
session in going to and returning from the seat of | ||||||
| 3 | government, to be
computed by the Comptroller. A member | ||||||
| 4 | traveling by public
transportation for such purposes, however, | ||||||
| 5 | shall be paid his actual cost
of that transportation instead of | ||||||
| 6 | on the mileage rate if his cost of
public transportation | ||||||
| 7 | exceeds the amount to which he would be entitled
on a mileage | ||||||
| 8 | basis. No member may be paid, whether on a mileage basis
or for | ||||||
| 9 | actual costs of public transportation, for more than one such
| ||||||
| 10 | trip for each week the General Assembly is actually in session. | ||||||
| 11 | Each
member shall also receive an allowance of $36 per day for | ||||||
| 12 | lodging and
meals while in attendance at sessions
of the | ||||||
| 13 | General Assembly before January 9, 1985; beginning January 9,
| ||||||
| 14 | 1985, such food and lodging allowance shall be equal to the | ||||||
| 15 | amount per day
permitted to be deducted for such expenses under | ||||||
| 16 | the Internal Revenue Code;
however, beginning May 31, 1995, no | ||||||
| 17 | allowance for food and lodging while in
attendance at sessions | ||||||
| 18 | is authorized for periods of time after the last day in
May of | ||||||
| 19 | each calendar year, except (i) if the General Assembly is | ||||||
| 20 | convened in
special session by either the Governor or the | ||||||
| 21 | presiding officers of both
houses, as provided by subsection | ||||||
| 22 | (b) of Section 5 of Article IV of the
Illinois Constitution or | ||||||
| 23 | (ii) if the
General Assembly is convened to consider bills | ||||||
| 24 | vetoed, item vetoed, reduced, or
returned with specific | ||||||
| 25 | recommendations for change by the Governor as provided
in | ||||||
| 26 | Section 9 of Article IV of the Illinois Constitution. For | ||||||
| |||||||
| |||||||
| 1 | fiscal year 2011 and for session days in fiscal years 2012, | ||||||
| 2 | 2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the | ||||||
| 3 | allowance for lodging and meals is $111 per day and (ii) | ||||||
| 4 | mileage for automobile travel shall be reimbursed at a rate of | ||||||
| 5 | $0.39 per mile. | ||||||
| 6 | Notwithstanding any other provision of law to the contrary, | ||||||
| 7 | beginning in fiscal year 2012, travel reimbursement for
General | ||||||
| 8 | Assembly members on non-session days shall be
calculated using | ||||||
| 9 | the guidelines set forth by the Legislative
Travel Control | ||||||
| 10 | Board, except that fiscal year 2012, 2013, 2014, 2015, 2016, | ||||||
| 11 | 2017, 2018, and 2019 mileage reimbursement is set at a rate of | ||||||
| 12 | $0.39 per mile. | ||||||
| 13 | If a member dies having received only a portion of the | ||||||
| 14 | amount payable
as compensation, the unpaid balance shall be | ||||||
| 15 | paid to the surviving
spouse of such member, or, if there be | ||||||
| 16 | none, to the estate of such member. | ||||||
| 17 | (Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18; | ||||||
| 18 | 101-10, eff. 6-5-19; revised 7-17-19.)
| ||||||
| 19 | Section 150. The State Finance Act is amended setting | ||||||
| 20 | forth,
renumbering, and changing multiple versions of Sections | ||||||
| 21 | 5.891, 5.893, 5.894, 5.895, 5.896, and 6z-107, by setting forth | ||||||
| 22 | and renumbering multiple versions of Sections 5.892 and 5.897, | ||||||
| 23 | and by changing Sections 6z-20.1, 6z-81, 8.12, 8.25g, 8g, 9.02, | ||||||
| 24 | and 25 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.891) | ||||||
| 2 | Sec. 5.891. The Governor's Administrative Fund. | ||||||
| 3 | (Source: P.A. 101-10, Article 5, Section 5-35, eff. 6-5-19.)
| ||||||
| 4 | (30 ILCS 105/5.892) | ||||||
| 5 | Sec. 5.892. The Firearm Dealer License Certification Fund. | ||||||
| 6 | (Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.)
| ||||||
| 7 | (30 ILCS 105/5.893) | ||||||
| 8 | Sec. 5.893. The Local Government Aviation Trust Fund. | ||||||
| 9 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
| 10 | (30 ILCS 105/5.894) | ||||||
| 11 | Sec. 5.894. The Aviation Fuel Sales Tax Refund Fund. | ||||||
| 12 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
| 13 | (30 ILCS 105/5.895) | ||||||
| 14 | Sec. 5.895. The Sound-Reducing Windows and Doors | ||||||
| 15 | Replacement Fund. | ||||||
| 16 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
| 17 | (30 ILCS 105/5.896) | ||||||
| 18 | Sec. 5.896. The Rebuild Illinois Projects Fund. | ||||||
| 19 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
| ||||||
| 20 | (30 ILCS 105/5.897) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5.897. The Civic and Transit Infrastructure Fund. | ||||||
| 2 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
| 3 | (30 ILCS 105/5.898) | ||||||
| 4 | Sec. 5.898 5.891. The State Aviation Program Fund. | ||||||
| 5 | (Source: P.A. 101-10, Article 15, Section 15-5, eff. 6-5-19; | ||||||
| 6 | revised 10-2-19.)
| ||||||
| 7 | (30 ILCS 105/5.899) | ||||||
| 8 | Sec. 5.899 5.891. The Cannabis Regulation Fund. | ||||||
| 9 | (Source: P.A. 101-27, eff. 6-25-19; revised 10-2-19.)
| ||||||
| 10 | (30 ILCS 105/5.900) | ||||||
| 11 | Sec. 5.900 5.891. The Multi-modal Transportation Bond | ||||||
| 12 | Fund. | ||||||
| 13 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-2-19.)
| ||||||
| 14 | (30 ILCS 105/5.901) | ||||||
| 15 | Sec. 5.901 5.891. The Transportation Renewal Fund. | ||||||
| 16 | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19; | ||||||
| 17 | revised 10-2-19.)
| ||||||
| 18 | (30 ILCS 105/5.902) | ||||||
| 19 | Sec. 5.902 5.891. The Illinois Property Tax Relief Fund. | ||||||
| 20 | (Source: P.A. 101-77, eff. 7-12-19; revised 10-2-19.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.903) | ||||||
| 2 | Sec. 5.903 5.891. The Attorney General Whistleblower | ||||||
| 3 | Reward and Protection Fund. | ||||||
| 4 | (Source: P.A. 101-148, eff. 7-26-19; revised 10-2-19.)
| ||||||
| 5 | (30 ILCS 105/5.904) | ||||||
| 6 | Sec. 5.904 5.891. The Coal Combustion Residual Surface | ||||||
| 7 | Impoundment Financial Assurance Fund. | ||||||
| 8 | (Source: P.A. 101-171, eff. 7-30-19; revised 10-2-19.)
| ||||||
| 9 | (30 ILCS 105/5.905) | ||||||
| 10 | Sec. 5.905 5.891. The Scott's Law Fund. | ||||||
| 11 | (Source: P.A. 101-173, eff. 1-1-20; revised 10-2-19.)
| ||||||
| 12 | (30 ILCS 105/5.906) | ||||||
| 13 | Sec. 5.906 5.891. The DUI Prevention and Education Fund. | ||||||
| 14 | (Source: P.A. 101-196, eff. 1-1-20; revised 10-2-19.)
| ||||||
| 15 | (30 ILCS 105/5.907) | ||||||
| 16 | Sec. 5.907 5.891. The Post-Traumatic Stress Disorder | ||||||
| 17 | Awareness Fund. | ||||||
| 18 | (Source: P.A. 101-248, eff. 1-1-20; revised 10-2-19.)
| ||||||
| 19 | (30 ILCS 105/5.908) | ||||||
| 20 | Sec. 5.908 5.891. The Guide Dogs of America Fund. | ||||||
| 21 | (Source: P.A. 101-256, eff. 1-1-20; revised 10-2-19.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.909) | ||||||
| 2 | Sec. 5.909 5.891. The Theresa Tracy Trot-Illinois | ||||||
| 3 | CancerCare Foundation Fund. | ||||||
| 4 | (Source: P.A. 101-276, eff. 8-9-19; revised 10-2-19.)
| ||||||
| 5 | (30 ILCS 105/5.910) | ||||||
| 6 | Sec. 5.910 5.891. The Developmental Disabilities Awareness | ||||||
| 7 | Fund. | ||||||
| 8 | (Source: P.A. 101-282, eff. 1-1-20; revised 10-2-19.)
| ||||||
| 9 | (30 ILCS 105/5.911) | ||||||
| 10 | Sec. 5.911 5.891. The Pediatric Cancer Awareness Fund. | ||||||
| 11 | (Source: P.A. 101-372, eff. 1-1-20; revised 10-2-19.)
| ||||||
| 12 | (30 ILCS 105/5.912) | ||||||
| 13 | Sec. 5.912 5.891. The Training in the Building Trades Fund. | ||||||
| 14 | (Source: P.A. 101-469, eff. 1-1-20; revised 10-2-19.)
| ||||||
| 15 | (30 ILCS 105/5.913) | ||||||
| 16 | Sec. 5.913 5.891. The School STEAM Grant Program Fund. | ||||||
| 17 | (Source: P.A. 101-561, eff. 8-23-19; revised 10-2-19.)
| ||||||
| 18 | (30 ILCS 105/5.914) | ||||||
| 19 | Sec. 5.914 5.891. The Water Workforce Development Fund. | ||||||
| 20 | (Source: P.A. 101-576, eff. 1-1-20; revised 10-2-19.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.915) | ||||||
| 2 | Sec. 5.915 5.892. The Cannabis Business Development Fund.
| ||||||
| 3 | (Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
| ||||||
| 4 | (30 ILCS 105/5.916)
| ||||||
| 5 | Sec. 5.916 5.893. The Local Cannabis Consumer Excise Tax | ||||||
| 6 | Trust Fund. | ||||||
| 7 | (Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
| ||||||
| 8 | (30 ILCS 105/5.917)
| ||||||
| 9 | Sec. 5.917 5.893. The Transportation Renewal Fund. | ||||||
| 10 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
| ||||||
| 11 | (30 ILCS 105/5.918)
| ||||||
| 12 | Sec. 5.918 5.893. The Regional Transportation Authority | ||||||
| 13 | Capital Improvement Fund. | ||||||
| 14 | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19; | ||||||
| 15 | revised 10-17-19.)
| ||||||
| 16 | (30 ILCS 105/5.920)
| ||||||
| 17 | Sec. 5.920 5.893. The State Police Whistleblower Reward and | ||||||
| 18 | Protection Fund. | ||||||
| 19 | (Source: P.A. 101-148, eff. 7-26-19; revised 10-17-19.)
| ||||||
| 20 | (30 ILCS 105/5.921)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5.921 5.893. The Mechanics Training Fund. | ||||||
| 2 | (Source: P.A. 101-256, eff. 1-1-20; revised 10-17-19.)
| ||||||
| 3 | (30 ILCS 105/5.922)
| ||||||
| 4 | Sec. 5.922 5.894. The Cannabis Expungement Fund. | ||||||
| 5 | (Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
| ||||||
| 6 | (30 ILCS 105/5.923)
| ||||||
| 7 | Sec. 5.923 5.894. The Regional Transportation Authority | ||||||
| 8 | Capital Improvement Fund. | ||||||
| 9 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
| ||||||
| 10 | (30 ILCS 105/5.924)
| ||||||
| 11 | Sec. 5.924 5.894. The Downstate Mass Transportation | ||||||
| 12 | Capital Improvement Fund. | ||||||
| 13 | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19.)
| ||||||
| 14 | (30 ILCS 105/5.925)
| ||||||
| 15 | Sec. 5.925 5.895. The Downstate Mass Transportation | ||||||
| 16 | Capital Improvement Fund. | ||||||
| 17 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
| ||||||
| 18 | (30 ILCS 105/5.926)
| ||||||
| 19 | Sec. 5.926 5.895. The Illinois Works Fund. | ||||||
| 20 | (Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.927) | ||||||
| 2 | Sec. 5.927 5.896. The Sports Wagering Fund. | ||||||
| 3 | (Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
| ||||||
| 4 | (30 ILCS 105/5.928) | ||||||
| 5 | Sec. 5.928 5.897. The State Fairgrounds Capital | ||||||
| 6 | Improvements and Harness Racing Fund. | ||||||
| 7 | (Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
| ||||||
| 8 | (30 ILCS 105/6z-20.1) | ||||||
| 9 | Sec. 6z-20.1. The State Aviation Program Fund and the | ||||||
| 10 | Sound-Reducing Windows and Doors Replacement Fund. | ||||||
| 11 | (a) The State Aviation Program Fund is created in the State | ||||||
| 12 | Treasury. Moneys in the Fund shall be used by the Department of | ||||||
| 13 | Transportation for the purposes of administering a State | ||||||
| 14 | Aviation Program. Subject to appropriation, the moneys shall be | ||||||
| 15 | used for the purpose of distributing grants to units of local | ||||||
| 16 | government to be used for airport-related purposes. Grants to | ||||||
| 17 | units of local government from the Fund shall be distributed | ||||||
| 18 | proportionately based on equal part enplanements, total cargo, | ||||||
| 19 | and airport operations. With regard to enplanements that occur | ||||||
| 20 | within a municipality with a population of over 500,000, grants | ||||||
| 21 | shall be distributed only to the municipality. | ||||||
| 22 | (b) For grants to a unit of government other than a | ||||||
| 23 | municipality with a population of more than 500,000, | ||||||
| 24 | "airport-related purposes" means the capital or operating | ||||||
| |||||||
| |||||||
| 1 | costs of: (1) an airport; (2) a local airport system; or (3) | ||||||
| 2 | any other local facility that is owned or operated by the | ||||||
| 3 | person or entity that owns or operates the airport that is | ||||||
| 4 | directly and substantially related to the air transportation of | ||||||
| 5 | passengers or property as provided in 49 U.S.C. 47133, | ||||||
| 6 | including (i) the replacement of sound-reducing windows and | ||||||
| 7 | doors installed under the Residential Sound Insulation Program | ||||||
| 8 | and (ii) in-home air quality monitoring testing in residences | ||||||
| 9 | in which windows or doors were installed under the Residential | ||||||
| 10 | Sound Insulation Program. | ||||||
| 11 | (c) For grants to a municipality with a population of more | ||||||
| 12 | than 500,000, "airport-related purposes" means the capital | ||||||
| 13 | costs of: (1) an airport; (2) a local airport system; or (3) | ||||||
| 14 | any other local facility that (i) is owned or operated by a | ||||||
| 15 | person or entity that owns or operates an airport and (ii) is | ||||||
| 16 | directly and substantially related to the air transportation of | ||||||
| 17 | passengers or property, as provided in 49 40 U.S.C. 47133. For | ||||||
| 18 | grants to a municipality with a population of more than | ||||||
| 19 | 500,000, "airport-related purposes" also means costs | ||||||
| 20 | associated with the replacement of sound-reducing windows and | ||||||
| 21 | doors installed under the Residential Sound Insulation | ||||||
| 22 | Program. | ||||||
| 23 | (d) In each State fiscal year, the first $7,500,000 | ||||||
| 24 | attributable to a municipality with a population of more than | ||||||
| 25 | 500,000, as provided in subsection (a) of this Section, shall | ||||||
| 26 | be transferred to the Sound-Reducing Windows and Doors | ||||||
| |||||||
| |||||||
| 1 | Replacement Fund, a special fund created in the State Treasury. | ||||||
| 2 | Subject to appropriation, the moneys in the Fund shall be used | ||||||
| 3 | for costs associated with the replacement of sound-reducing | ||||||
| 4 | windows and doors installed under the Residential Sound | ||||||
| 5 | Insulation Program. Any amounts attributable to a municipality | ||||||
| 6 | with a population of more than 500,000 in excess of $7,500,000 | ||||||
| 7 | in each State fiscal year shall be distributed among the | ||||||
| 8 | airports in that municipality based on the same formula as | ||||||
| 9 | prescribed in subsection (a) to be used for airport-related | ||||||
| 10 | purposes.
| ||||||
| 11 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-17-19.)
| ||||||
| 12 | (30 ILCS 105/6z-81) | ||||||
| 13 | Sec. 6z-81. Healthcare Provider Relief Fund. | ||||||
| 14 | (a) There is created in the State treasury a special fund | ||||||
| 15 | to be known as the Healthcare Provider Relief Fund. | ||||||
| 16 | (b) The Fund is created for the purpose of receiving and | ||||||
| 17 | disbursing moneys in accordance with this Section. | ||||||
| 18 | Disbursements from the Fund shall be made only as follows: | ||||||
| 19 | (1) Subject to appropriation, for payment by the | ||||||
| 20 | Department of Healthcare and
Family Services or by the | ||||||
| 21 | Department of Human Services of medical bills and related | ||||||
| 22 | expenses, including administrative expenses, for which the | ||||||
| 23 | State is responsible under Titles XIX and XXI of the Social | ||||||
| 24 | Security Act, the Illinois Public Aid Code, the Children's | ||||||
| 25 | Health Insurance Program Act, the Covering ALL KIDS Health | ||||||
| |||||||
| |||||||
| 1 | Insurance Act, and the Long Term Acute Care Hospital | ||||||
| 2 | Quality Improvement Transfer Program Act. | ||||||
| 3 | (2) For repayment of funds borrowed from other State
| ||||||
| 4 | funds or from outside sources, including interest thereon. | ||||||
| 5 | (3) For State fiscal years 2017, 2018, and 2019, for | ||||||
| 6 | making payments to the human poison control center pursuant | ||||||
| 7 | to Section 12-4.105 of the Illinois Public Aid Code. | ||||||
| 8 | (c) The Fund shall consist of the following: | ||||||
| 9 | (1) Moneys received by the State from short-term
| ||||||
| 10 | borrowing pursuant to the Short Term Borrowing Act on or | ||||||
| 11 | after the effective date of Public Act 96-820. | ||||||
| 12 | (2) All federal matching funds received by the
Illinois | ||||||
| 13 | Department of Healthcare and Family Services as a result of | ||||||
| 14 | expenditures made by the Department that are attributable | ||||||
| 15 | to moneys deposited in the Fund. | ||||||
| 16 | (3) All federal matching funds received by the
Illinois | ||||||
| 17 | Department of Healthcare and Family Services as a result of | ||||||
| 18 | federal approval of Title XIX State plan amendment | ||||||
| 19 | transmittal number 07-09. | ||||||
| 20 | (3.5) Proceeds from the assessment authorized under | ||||||
| 21 | Article V-H of the Illinois Public Aid Code. | ||||||
| 22 | (4) All other moneys received for the Fund from any
| ||||||
| 23 | other source, including interest earned thereon. | ||||||
| 24 | (5) All federal matching funds received by the
Illinois | ||||||
| 25 | Department of Healthcare and Family Services as a result of | ||||||
| 26 | expenditures made by the Department for Medical Assistance | ||||||
| |||||||
| |||||||
| 1 | from the General Revenue Fund, the Tobacco Settlement | ||||||
| 2 | Recovery Fund, the Long-Term Care Provider Fund, and the | ||||||
| 3 | Drug Rebate Fund related to individuals eligible for | ||||||
| 4 | medical assistance pursuant to the Patient Protection and | ||||||
| 5 | Affordable Care Act (P.L. 111-148) and Section 5-2 of the | ||||||
| 6 | Illinois Public Aid Code. | ||||||
| 7 | (d) In addition to any other transfers that may be provided | ||||||
| 8 | for by law, on the effective date of Public Act 97-44, or as | ||||||
| 9 | soon thereafter as practical, the State Comptroller shall | ||||||
| 10 | direct and the State Treasurer shall transfer the sum of | ||||||
| 11 | $365,000,000 from the General Revenue Fund into the Healthcare | ||||||
| 12 | Provider Relief Fund.
| ||||||
| 13 | (e) In addition to any other transfers that may be provided | ||||||
| 14 | for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 15 | practical, the State Comptroller shall direct and the State | ||||||
| 16 | Treasurer shall transfer the sum of $160,000,000 from the | ||||||
| 17 | General Revenue Fund to the Healthcare Provider Relief Fund. | ||||||
| 18 | (f) Notwithstanding any other State law to the contrary, | ||||||
| 19 | and in addition to any other transfers that may be provided for | ||||||
| 20 | by law, the State Comptroller shall order transferred and the | ||||||
| 21 | State Treasurer shall transfer $500,000,000 to the Healthcare | ||||||
| 22 | Provider Relief Fund from the General Revenue Fund in equal | ||||||
| 23 | monthly installments of $100,000,000, with the first transfer | ||||||
| 24 | to be made on July 1, 2012, or as soon thereafter as practical, | ||||||
| 25 | and with each of the remaining transfers to be made on August | ||||||
| 26 | 1, 2012, September 1, 2012, October 1, 2012, and November 1, | ||||||
| |||||||
| |||||||
| 1 | 2012, or as soon thereafter as practical. This transfer may | ||||||
| 2 | assist the Department of Healthcare and Family Services in | ||||||
| 3 | improving Medical Assistance bill processing timeframes or in | ||||||
| 4 | meeting the possible requirements of Senate Bill 3397, or other | ||||||
| 5 | similar legislation, of the 97th General Assembly should it | ||||||
| 6 | become law. | ||||||
| 7 | (g) Notwithstanding any other State law to the contrary, | ||||||
| 8 | and in addition to any other transfers that may be provided for | ||||||
| 9 | by law, on July 1, 2013, or as soon thereafter as may be | ||||||
| 10 | practical, the State Comptroller shall direct and the State | ||||||
| 11 | Treasurer shall transfer the sum of $601,000,000 from the | ||||||
| 12 | General Revenue Fund to the Healthcare Provider Relief Fund. | ||||||
| 13 | (Source: P.A. 100-587, eff. 6-4-18; 101-9, eff. 6-5-19; revised | ||||||
| 14 | 7-17-19.)
| ||||||
| 15 | (30 ILCS 105/6z-107) | ||||||
| 16 | Sec. 6z-107. Governor's Administrative Fund. The | ||||||
| 17 | Governor's Administrative Fund is established as a special fund | ||||||
| 18 | in the State Treasury. The Fund may accept moneys from any | ||||||
| 19 | public source in the form of grants, deposits, and transfers, | ||||||
| 20 | and shall be used for purposes designated by the source of the | ||||||
| 21 | moneys and, if no specific purposes are designated, then for | ||||||
| 22 | the general administrative and operational costs of the | ||||||
| 23 | Governor's Office.
| ||||||
| 24 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/6z-112) | ||||||
| 2 | Sec. 6z-112 6z-107. The Cannabis Regulation Fund. | ||||||
| 3 | (a) There is created the Cannabis Regulation Fund in the | ||||||
| 4 | State treasury, subject to appropriations unless otherwise | ||||||
| 5 | provided in this Section. All moneys collected under the | ||||||
| 6 | Cannabis Regulation and Tax Act shall be deposited into the | ||||||
| 7 | Cannabis Regulation Fund, consisting of taxes, license fees, | ||||||
| 8 | other fees, and any other amounts required to be deposited or | ||||||
| 9 | transferred into the Fund. | ||||||
| 10 | (b) Whenever the Department of Revenue determines that a | ||||||
| 11 | refund should be made under the Cannabis Regulation and Tax Act | ||||||
| 12 | to a claimant, the Department of Revenue shall submit a voucher | ||||||
| 13 | for payment to the State Comptroller, who shall cause the order | ||||||
| 14 | to be drawn for the amount specified and to the person named in | ||||||
| 15 | the notification from the Department of Revenue. This | ||||||
| 16 | subsection (b) shall constitute an irrevocable and continuing | ||||||
| 17 | appropriation of all amounts necessary for the payment of | ||||||
| 18 | refunds out of the Fund as authorized under this subsection | ||||||
| 19 | (b). | ||||||
| 20 | (c) On or before the 25th day of each calendar month, the | ||||||
| 21 | Department of Revenue shall prepare and certify to the State | ||||||
| 22 | Comptroller the transfer and allocations of stated sums of | ||||||
| 23 | money from the Cannabis Regulation Fund to other named funds in | ||||||
| 24 | the State treasury. The amount subject to transfer shall be the | ||||||
| 25 | amount of the taxes, license fees, other fees, and any other | ||||||
| 26 | amounts paid into the Fund during the second preceding calendar | ||||||
| |||||||
| |||||||
| 1 | month, minus the refunds made under subsection (b) during the | ||||||
| 2 | second preceding calendar month by the Department. The | ||||||
| 3 | transfers shall be certified as follows: | ||||||
| 4 | (1) The Department of Revenue shall first determine the | ||||||
| 5 | allocations which shall remain in the Cannabis Regulation | ||||||
| 6 | Fund, subject to appropriations, to pay for the direct and | ||||||
| 7 | indirect costs associated with the implementation, | ||||||
| 8 | administration, and enforcement of the Cannabis Regulation | ||||||
| 9 | and Tax Act by the Department of Revenue, the Department of | ||||||
| 10 | State Police, the Department of Financial and Professional | ||||||
| 11 | Regulation, the Department of Agriculture, the Department | ||||||
| 12 | of Public Health, the Department of Commerce and Economic | ||||||
| 13 | Opportunity, and the Illinois Criminal Justice Information | ||||||
| 14 | Authority. | ||||||
| 15 | (2) After the allocations have been made as provided in | ||||||
| 16 | paragraph (1) of this subsection (c), of the remainder of | ||||||
| 17 | the amount subject to transfer for the month as determined | ||||||
| 18 | in this subsection (c), the Department shall certify the | ||||||
| 19 | transfer into the Cannabis Expungement Fund 1/12 of the | ||||||
| 20 | fiscal year amount appropriated from the Cannabis | ||||||
| 21 | Expungement Fund for payment of costs incurred by State | ||||||
| 22 | courts, the Attorney General, State's Attorneys, civil | ||||||
| 23 | legal aid, as defined by Section 15 of the Public Interest | ||||||
| 24 | Attorney Assistance Act, and the Department of State Police | ||||||
| 25 | to facilitate petitions for expungement of Minor Cannabis | ||||||
| 26 | Offenses pursuant to Public Act 101-27 this amendatory Act | ||||||
| |||||||
| |||||||
| 1 | of the 101st General Assembly, as adjusted by any | ||||||
| 2 | supplemental appropriation, plus cumulative deficiencies | ||||||
| 3 | in such transfers for prior months. | ||||||
| 4 | (3) After the allocations have been made as provided in | ||||||
| 5 | paragraphs (1) and (2) of this subsection (c), the | ||||||
| 6 | Department of Revenue shall certify to the State | ||||||
| 7 | Comptroller and the State Treasurer shall transfer the | ||||||
| 8 | amounts that the Department of Revenue determines shall be | ||||||
| 9 | transferred into the following named funds according to the | ||||||
| 10 | following: | ||||||
| 11 | (A) 2% shall be transferred to the Drug Treatment | ||||||
| 12 | Fund to be used by the Department of Human Services | ||||||
| 13 | for: (i) developing and administering a scientifically | ||||||
| 14 | and medically accurate public education campaign | ||||||
| 15 | educating youth and adults about the health and safety | ||||||
| 16 | risks of alcohol, tobacco, illegal drug use (including | ||||||
| 17 | prescription drugs), and cannabis, including use by | ||||||
| 18 | pregnant women; and (ii) data collection and analysis | ||||||
| 19 | of the public health impacts of legalizing the | ||||||
| 20 | recreational use of cannabis. Expenditures for these | ||||||
| 21 | purposes shall be subject to appropriations. | ||||||
| 22 | (B) 8% shall be transferred to the Local Government | ||||||
| 23 | Distributive Fund and allocated as provided in Section | ||||||
| 24 | 2 of the State Revenue Sharing Act. The moneys shall be | ||||||
| 25 | used to fund crime prevention programs, training, and | ||||||
| 26 | interdiction efforts, including detection, | ||||||
| |||||||
| |||||||
| 1 | enforcement, and prevention efforts, relating to the | ||||||
| 2 | illegal cannabis market and driving under the | ||||||
| 3 | influence of cannabis. | ||||||
| 4 | (C) 25% shall be transferred to the Criminal | ||||||
| 5 | Justice Information Projects Fund to be used for the | ||||||
| 6 | purposes of the Restore, Reinvest, and Renew Program to | ||||||
| 7 | address economic development, violence prevention | ||||||
| 8 | services, re-entry services, youth development, and | ||||||
| 9 | civil legal aid, as defined by Section 15 of the Public | ||||||
| 10 | Interest Attorney Assistance Act. The Restore, | ||||||
| 11 | Reinvest, and Renew Program shall address these issues | ||||||
| 12 | through targeted investments and intervention programs | ||||||
| 13 | and promotion of an employment infrastructure and | ||||||
| 14 | capacity building related to the social determinants | ||||||
| 15 | of health in impacted community areas. Expenditures | ||||||
| 16 | for these purposes shall be subject to appropriations. | ||||||
| 17 | (D) 20% shall be transferred to the Department of | ||||||
| 18 | Human Services Community Services Fund, to be used to | ||||||
| 19 | address substance abuse and prevention and mental | ||||||
| 20 | health concerns, including treatment, education, and | ||||||
| 21 | prevention to address the negative impacts of | ||||||
| 22 | substance abuse and mental health issues, including | ||||||
| 23 | concentrated poverty, violence, and the historical | ||||||
| 24 | overuse of criminal justice responses in certain | ||||||
| 25 | communities, on the individual, family, and community, | ||||||
| 26 | including federal, State, and local governments, | ||||||
| |||||||
| |||||||
| 1 | health care institutions and providers, and | ||||||
| 2 | correctional facilities. Expenditures for these | ||||||
| 3 | purposes shall be subject to appropriations. | ||||||
| 4 | (E) 10% shall be transferred to the Budget | ||||||
| 5 | Stabilization Fund. | ||||||
| 6 | (F) 35%, or any remaining balance, shall be | ||||||
| 7 | transferred to the General Revenue Fund. | ||||||
| 8 | As soon as may be practical, but no later than 10 days | ||||||
| 9 | after receipt, by the State Comptroller of the transfer | ||||||
| 10 | certification provided for in this subsection (c) to be given | ||||||
| 11 | to the State Comptroller by the Department of Revenue, the | ||||||
| 12 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 13 | transfer the respective amounts in accordance with the | ||||||
| 14 | directions contained in such certification. | ||||||
| 15 | (d) On July 1, 2019 the Department of Revenue shall certify | ||||||
| 16 | to the State Comptroller and the State Treasurer shall transfer | ||||||
| 17 | $5,000,000 from the Compassionate Use of Medical Cannabis Fund | ||||||
| 18 | to the Cannabis Regulation Fund. | ||||||
| 19 | (e) Notwithstanding any other law to the contrary and | ||||||
| 20 | except as otherwise provided in this Section, this Fund is not | ||||||
| 21 | subject to sweeps, administrative charge-backs, or any other | ||||||
| 22 | fiscal or budgetary maneuver that would in any way transfer any | ||||||
| 23 | amounts from this Fund into any other fund of the State. | ||||||
| 24 | (f) The Cannabis Regulation Fund shall retain a balance of | ||||||
| 25 | $1,000,000 for the purposes of administrative costs. | ||||||
| 26 | (g) In Fiscal Year 2024 the allocations in subsection (c) | ||||||
| |||||||
| |||||||
| 1 | of this Section shall be reviewed and adjusted if the General | ||||||
| 2 | Assembly finds there is a greater need for funding for a | ||||||
| 3 | specific purpose in the State as it relates to Public Act | ||||||
| 4 | 101-27 this amendatory Act of the 101st General Assembly.
| ||||||
| 5 | (Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
| ||||||
| 6 | (30 ILCS 105/6z-113) | ||||||
| 7 | Sec. 6z-113 6z-107. Illinois Property Tax Relief Fund; | ||||||
| 8 | creation. | ||||||
| 9 | (a) Beginning in State fiscal year 2021, the Illinois | ||||||
| 10 | Property Tax Relief Fund is hereby created as a special fund in | ||||||
| 11 | the State treasury. Moneys in the Fund shall be used by the | ||||||
| 12 | State Comptroller to pay rebates to residential property | ||||||
| 13 | taxpayers in the State as provided in this Section. The Fund | ||||||
| 14 | may accept moneys from any lawful source. | ||||||
| 15 | (b) Beginning in State fiscal year 2021, within 30 days | ||||||
| 16 | after the last day of the application period for general | ||||||
| 17 | homestead exemptions in the county, each chief county | ||||||
| 18 | assessment officer shall certify to the State Comptroller the | ||||||
| 19 | total number of general homestead exemptions granted for | ||||||
| 20 | homestead property in that county for the applicable property | ||||||
| 21 | tax year. As soon as possible after receiving certifications | ||||||
| 22 | from each county under this subsection, the State Comptroller | ||||||
| 23 | shall calculate a property tax rebate amount for the applicable | ||||||
| 24 | property tax year by dividing the total amount appropriated | ||||||
| 25 | from the Illinois Property Tax Relief Fund for the purpose of | ||||||
| |||||||
| |||||||
| 1 | making rebates under this Section by the total number of | ||||||
| 2 | homestead exemptions granted for homestead property in the | ||||||
| 3 | State. The county treasurer shall reduce each property tax bill | ||||||
| 4 | for homestead property by the property tax rebate amount and | ||||||
| 5 | shall include a separate line item on each property tax bill | ||||||
| 6 | stating the property tax rebate amount from the Illinois | ||||||
| 7 | Property Tax Relief Fund. Within 60 days after calculating the | ||||||
| 8 | property tax rebate amount, the State Comptroller shall make | ||||||
| 9 | distributions from the Illinois Property Tax Relief Fund to | ||||||
| 10 | each county. The amount allocated to each county shall be the | ||||||
| 11 | property tax rebate amount multiplied by the number of general | ||||||
| 12 | homestead exemptions granted in the county for the applicable | ||||||
| 13 | property tax year. The county treasurer shall distribute each | ||||||
| 14 | taxing district's share of property tax collections and | ||||||
| 15 | distributions from the Illinois Property Tax Relief Fund to | ||||||
| 16 | those taxing districts as provided by law. | ||||||
| 17 | (c) As used in this Section: | ||||||
| 18 | "Applicable property tax year" means the tax year for which | ||||||
| 19 | a rebate was applied to property tax bills under this Section. | ||||||
| 20 | "General homestead exemption" means a general homestead | ||||||
| 21 | exemption that was granted for the property under Section | ||||||
| 22 | 15-175 of the Property Tax Code. | ||||||
| 23 | "Homestead property" means property that meets both of the | ||||||
| 24 | following criteria: (1) a general homestead exemption was | ||||||
| 25 | granted for the property; and (2) the property tax liability | ||||||
| 26 | for the property is current as of the date of the | ||||||
| |||||||
| |||||||
| 1 | certification.
| ||||||
| 2 | (Source: P.A. 101-77, eff. 7-12-19; revised 9-23-19.)
| ||||||
| 3 | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||||||
| 4 | Sec. 8.12. State Pensions Fund.
| ||||||
| 5 | (a) The moneys in the State Pensions Fund shall be used | ||||||
| 6 | exclusively
for the administration of the Revised Uniform | ||||||
| 7 | Unclaimed Property Act and
for the expenses incurred by the | ||||||
| 8 | Auditor General for administering the provisions of Section | ||||||
| 9 | 2-8.1 of the Illinois State Auditing Act and for operational | ||||||
| 10 | expenses of the Office of the State Treasurer and for the | ||||||
| 11 | funding of the unfunded liabilities of the designated | ||||||
| 12 | retirement systems. For the purposes of this Section, | ||||||
| 13 | "operational expenses of the Office of the State Treasurer" | ||||||
| 14 | includes the acquisition of land and buildings in State fiscal | ||||||
| 15 | years 2019 and 2020 for use by the Office of the State | ||||||
| 16 | Treasurer, as well as construction, reconstruction, | ||||||
| 17 | improvement, repair, and maintenance, in accordance with the | ||||||
| 18 | provisions of laws relating thereto, of such lands and | ||||||
| 19 | buildings beginning in State fiscal year 2019 and thereafter. | ||||||
| 20 | Beginning in State fiscal year 2021, payments to the designated | ||||||
| 21 | retirement systems under this Section shall be in addition to, | ||||||
| 22 | and not in lieu of, any State contributions required under the | ||||||
| 23 | Illinois Pension Code.
| ||||||
| 24 | "Designated retirement systems" means:
| ||||||
| 25 | (1) the State Employees' Retirement System of | ||||||
| |||||||
| |||||||
| 1 | Illinois;
| ||||||
| 2 | (2) the Teachers' Retirement System of the State of | ||||||
| 3 | Illinois;
| ||||||
| 4 | (3) the State Universities Retirement System;
| ||||||
| 5 | (4) the Judges Retirement System of Illinois; and
| ||||||
| 6 | (5) the General Assembly Retirement System.
| ||||||
| 7 | (b) Each year the General Assembly may make appropriations | ||||||
| 8 | from
the State Pensions Fund for the administration of the | ||||||
| 9 | Revised Uniform
Unclaimed Property Act.
| ||||||
| 10 | (c) As soon as possible after July 30, 2004 (the effective | ||||||
| 11 | date of Public Act 93-839), the General Assembly shall | ||||||
| 12 | appropriate from the State Pensions Fund (1) to the State | ||||||
| 13 | Universities Retirement System the amount certified under | ||||||
| 14 | Section 15-165 during the prior year, (2) to the Judges | ||||||
| 15 | Retirement System of Illinois the amount certified under | ||||||
| 16 | Section 18-140 during the prior year, and (3) to the General | ||||||
| 17 | Assembly Retirement System the amount certified under Section | ||||||
| 18 | 2-134 during the prior year as part of the required
State | ||||||
| 19 | contributions to each of those designated retirement systems. | ||||||
| 20 | If the amount in the State Pensions Fund does not exceed the | ||||||
| 21 | sum of the amounts certified in Sections 15-165, 18-140, and | ||||||
| 22 | 2-134 by at least $5,000,000, the amount paid to each | ||||||
| 23 | designated retirement system under this subsection shall be | ||||||
| 24 | reduced in proportion to the amount certified by each of those | ||||||
| 25 | designated retirement systems.
| ||||||
| 26 | (c-5) For fiscal years 2006 through 2020, the General | ||||||
| |||||||
| |||||||
| 1 | Assembly shall appropriate from the State Pensions Fund to the | ||||||
| 2 | State Universities Retirement System the amount estimated to be | ||||||
| 3 | available during the fiscal year in the State Pensions Fund; | ||||||
| 4 | provided, however, that the amounts appropriated under this | ||||||
| 5 | subsection (c-5) shall not reduce the amount in the State | ||||||
| 6 | Pensions Fund below $5,000,000.
| ||||||
| 7 | (c-6) For fiscal year 2021 and each fiscal year thereafter, | ||||||
| 8 | as soon as may be practical after any money is deposited into | ||||||
| 9 | the State Pensions Fund from the Unclaimed Property Trust Fund, | ||||||
| 10 | the State Treasurer shall apportion the deposited amount among | ||||||
| 11 | the designated retirement systems as defined in subsection (a) | ||||||
| 12 | to reduce their actuarial reserve deficiencies. The State | ||||||
| 13 | Comptroller and State Treasurer shall pay the apportioned | ||||||
| 14 | amounts to the designated retirement systems to fund the | ||||||
| 15 | unfunded liabilities of the designated retirement systems. The | ||||||
| 16 | amount apportioned to each designated retirement system shall | ||||||
| 17 | constitute a portion of the amount estimated to be available | ||||||
| 18 | for appropriation from the State Pensions Fund that is the same | ||||||
| 19 | as that retirement system's portion of the total actual reserve | ||||||
| 20 | deficiency of the systems, as determined annually by the | ||||||
| 21 | Governor's Office of Management and Budget at the request of | ||||||
| 22 | the State Treasurer. The amounts apportioned under this | ||||||
| 23 | subsection shall not reduce the amount in the State Pensions | ||||||
| 24 | Fund below $5,000,000. | ||||||
| 25 | (d) The
Governor's Office of Management and Budget shall | ||||||
| 26 | determine the individual and total
reserve deficiencies of the | ||||||
| |||||||
| |||||||
| 1 | designated retirement systems. For this purpose,
the
| ||||||
| 2 | Governor's Office of Management and Budget shall utilize the | ||||||
| 3 | latest available audit and actuarial
reports of each of the | ||||||
| 4 | retirement systems and the relevant reports and
statistics of | ||||||
| 5 | the Public Employee Pension Fund Division of the Department of
| ||||||
| 6 | Insurance.
| ||||||
| 7 | (d-1) (Blank).
| ||||||
| 8 | (e) The changes to this Section made by Public Act 88-593 | ||||||
| 9 | shall
first apply to distributions from the Fund for State | ||||||
| 10 | fiscal year 1996.
| ||||||
| 11 | (Source: P.A. 100-22, eff. 1-1-18; 100-23, eff. 7-6-17; | ||||||
| 12 | 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff. | ||||||
| 13 | 6-5-19; 101-487, eff. 8-23-19; revised 9-12-19.)
| ||||||
| 14 | (30 ILCS 105/8.25g) | ||||||
| 15 | Sec. 8.25g. The Civic and Transit Infrastructure Fund. The | ||||||
| 16 | Civic and Transit Infrastructure Fund is created as a special | ||||||
| 17 | fund in the State Treasury. Money in the Civic and Transit | ||||||
| 18 | Infrastructure Fund shall, when the State of Illinois incurs | ||||||
| 19 | infrastructure indebtedness pursuant to the public-private | ||||||
| 20 | public private partnership entered into by the public agency on | ||||||
| 21 | behalf of the State of Illinois with private entity pursuant to | ||||||
| 22 | the Public-Private Partnership for Civic and Transit | ||||||
| 23 | Infrastructure Project Act enacted in this amendatory Act of | ||||||
| 24 | the 101th General Assembly, be used for the purpose of paying | ||||||
| 25 | and discharging monthly the principal and interest on that | ||||||
| |||||||
| |||||||
| 1 | infrastructure indebtedness then due and payable consistent | ||||||
| 2 | with the term established in the public-private public private | ||||||
| 3 | agreement entered into by the public agency on behalf of the | ||||||
| 4 | State of Illinois. The public agency shall, pursuant to its | ||||||
| 5 | authority under the Public-Private Partnership for Civic and | ||||||
| 6 | Transit Infrastructure Project Act, annually certify to the | ||||||
| 7 | State Comptroller and the State Treasurer the amount necessary | ||||||
| 8 | and required, during the fiscal year with respect to which the | ||||||
| 9 | certification is made, to pay the amounts due under the | ||||||
| 10 | Public-Private Partnership for Civic and Transit | ||||||
| 11 | Infrastructure Project Act. On or before the last day of each | ||||||
| 12 | month, the State Comptroller and State Treasurer shall transfer | ||||||
| 13 | the moneys required to be deposited into the Fund under Section | ||||||
| 14 | 3 of the Retailers' Occupation Tax Act and the Public-Private | ||||||
| 15 | Partnership for Civic and Transit Infrastructure Project Act | ||||||
| 16 | and shall pay from that Fund the required amount certified by | ||||||
| 17 | the public agency, plus any cumulative deficiency in such | ||||||
| 18 | transfers and payments for prior months, to the public agency | ||||||
| 19 | for distribution pursuant to the Public-Private Partnership | ||||||
| 20 | for Civic and Transit Infrastructure Project Act. Such | ||||||
| 21 | transferred amount shall be sufficient to pay all amounts due | ||||||
| 22 | under the Public-Private Partnership for Civic and Transit | ||||||
| 23 | Infrastructure Project Act. Provided that all amounts | ||||||
| 24 | deposited in the Fund have been paid accordingly under the | ||||||
| 25 | Public-Private Partnership for Civic and Transit | ||||||
| 26 | Infrastructure Project Act, all amounts remaining in the Civic | ||||||
| |||||||
| |||||||
| 1 | and Transit Infrastructure Fund shall be held in that Fund for | ||||||
| 2 | other subsequent payments required under the Public-Private | ||||||
| 3 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
| 4 | In the event the State fails to pay the amount necessary and | ||||||
| 5 | required under the Public-Private Partnership for Civic and | ||||||
| 6 | Transit Infrastructure Project Act for any reason during the | ||||||
| 7 | fiscal year with respect to which the certification is made or | ||||||
| 8 | if the State takes any steps that result in an impact to the | ||||||
| 9 | irrevocable, first priority pledge of and lien on moneys on | ||||||
| 10 | deposit in the Civic and Transit Infrastructure Fund, the | ||||||
| 11 | public agency shall certify such delinquent amounts to the | ||||||
| 12 | State Comptroller and the State Treasurer and the State | ||||||
| 13 | Comptroller and the State Treasurer shall take all steps | ||||||
| 14 | required to intercept the tax revenues collected from within | ||||||
| 15 | the boundary of the civic transit infrastructure project | ||||||
| 16 | pursuant to Section 3 of the Retailers' Occupation Tax Act, | ||||||
| 17 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
| 18 | Act, Section 9 of the Service Occupation Tax Act, Section 4.03 | ||||||
| 19 | of the Regional Transportation Authority Act, and Section 6 of | ||||||
| 20 | the Hotel Operators' Occupation Tax Act, and shall pay such | ||||||
| 21 | amounts to the Fund for distribution by the public agency for | ||||||
| 22 | the time period time-period required to ensure that the State's | ||||||
| 23 | distribution requirements under the Public-Private Partnership | ||||||
| 24 | for Civic and Transit Infrastructure Project Act are fully met. | ||||||
| 25 | As used in the Section, "private entity", "public-private | ||||||
| 26 | private public agreement", and "public agency" have meanings | ||||||
| |||||||
| |||||||
| 1 | provided in Section 25-10 of the Public-Private Partnership for | ||||||
| 2 | Civic and Transit Infrastructure Project Act.
| ||||||
| 3 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
| ||||||
| 4 | (30 ILCS 105/8g) | ||||||
| 5 | Sec. 8g. Fund transfers. | ||||||
| 6 | (a) (Blank). | ||||||
| 7 | (b) (Blank). | ||||||
| 8 | (c) In addition to any other transfers that may be provided | ||||||
| 9 | for by law,
on August 30 of each fiscal year's license period, | ||||||
| 10 | the Illinois Liquor Control
Commission shall direct and the | ||||||
| 11 | State Comptroller and State Treasurer shall
transfer from the | ||||||
| 12 | General Revenue Fund to the Youth Alcoholism and Substance
| ||||||
| 13 | Abuse Prevention Fund an amount equal to the number of retail | ||||||
| 14 | liquor licenses
issued for that fiscal year multiplied by $50. | ||||||
| 15 | (d) The payments to programs required under subsection (d) | ||||||
| 16 | of Section 28.1
of the Illinois Horse Racing Act of 1975 shall | ||||||
| 17 | be made, pursuant to appropriation, from
the special funds | ||||||
| 18 | referred to in the statutes cited in that subsection, rather
| ||||||
| 19 | than directly from the General Revenue Fund. | ||||||
| 20 | Beginning January 1, 2000, on the first day of each month, | ||||||
| 21 | or as soon
as may be practical thereafter, the State | ||||||
| 22 | Comptroller shall direct and the
State Treasurer shall transfer | ||||||
| 23 | from the General Revenue Fund to each of the
special funds from | ||||||
| 24 | which payments are to be made under subsection (d) of Section | ||||||
| 25 | 28.1 of the Illinois
Horse Racing Act of 1975 an amount equal | ||||||
| |||||||
| |||||||
| 1 | to 1/12 of the annual amount required
for those payments from | ||||||
| 2 | that special fund, which annual amount shall not exceed
the | ||||||
| 3 | annual amount for those payments from that special fund for the | ||||||
| 4 | calendar
year 1998. The special funds to which transfers shall | ||||||
| 5 | be made under this
subsection (d) include, but are not | ||||||
| 6 | necessarily limited to, the Agricultural
Premium Fund; the | ||||||
| 7 | Metropolitan Exposition, Auditorium and Office Building Fund;
| ||||||
| 8 | the Fair and Exposition Fund; the Illinois Standardbred | ||||||
| 9 | Breeders Fund; the Illinois Thoroughbred
Breeders Fund; and the | ||||||
| 10 | Illinois Veterans' Rehabilitation Fund. Except for transfers | ||||||
| 11 | attributable to prior fiscal years, during State fiscal year | ||||||
| 12 | 2020 only, no transfers shall be made from the General Revenue | ||||||
| 13 | Fund to the Agricultural Premium Fund, the Fair and Exposition | ||||||
| 14 | Fund, the Illinois Standardbred Breeders Fund, or the Illinois | ||||||
| 15 | Thoroughbred Breeders Fund. | ||||||
| 16 | (e) (Blank). | ||||||
| 17 | (f) (Blank). | ||||||
| 18 | (f-1) (Blank). | ||||||
| 19 | (g) (Blank). | ||||||
| 20 | (h) (Blank). | ||||||
| 21 | (i) (Blank). | ||||||
| 22 | (i-1) (Blank). | ||||||
| 23 | (j) (Blank). | ||||||
| 24 | ...... | ||||||
| 25 | (k) (Blank). | ||||||
| 26 | (k-1) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (k-2) (Blank). | ||||||
| 2 | (k-3) (Blank). | ||||||
| 3 | (l) (Blank). | ||||||
| 4 | (m) (Blank). | ||||||
| 5 | (n) (Blank). | ||||||
| 6 | (o) (Blank). | ||||||
| 7 | (p) (Blank). | ||||||
| 8 | (q) (Blank). | ||||||
| 9 | (r) (Blank). | ||||||
| 10 | (s) (Blank). | ||||||
| 11 | (t) (Blank). | ||||||
| 12 | (u) (Blank). | ||||||
| 13 | (v) (Blank). | ||||||
| 14 | (w) (Blank). | ||||||
| 15 | (x) (Blank). | ||||||
| 16 | (y) (Blank). | ||||||
| 17 | (z) (Blank). | ||||||
| 18 | (aa) (Blank). | ||||||
| 19 | (bb) (Blank). | ||||||
| 20 | (cc) (Blank). | ||||||
| 21 | (dd) (Blank). | ||||||
| 22 | (ee) (Blank). | ||||||
| 23 | (ff) (Blank). | ||||||
| 24 | (gg) (Blank). | ||||||
| 25 | (hh) (Blank). | ||||||
| 26 | (ii) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (jj) (Blank). | ||||||
| 2 | (kk) (Blank). | ||||||
| 3 | (ll) (Blank). | ||||||
| 4 | (mm) (Blank). | ||||||
| 5 | (nn) (Blank). | ||||||
| 6 | (oo) (Blank). | ||||||
| 7 | (pp) (Blank). | ||||||
| 8 | (qq) (Blank). | ||||||
| 9 | (rr) (Blank). | ||||||
| 10 | (ss) (Blank). | ||||||
| 11 | (tt) (Blank). | ||||||
| 12 | (uu) (Blank). | ||||||
| 13 | (vv) (Blank). | ||||||
| 14 | (ww) (Blank). | ||||||
| 15 | (xx) (Blank). | ||||||
| 16 | (yy) (Blank). | ||||||
| 17 | (zz) (Blank). | ||||||
| 18 | (aaa) (Blank). | ||||||
| 19 | (bbb) (Blank). | ||||||
| 20 | (ccc) (Blank). | ||||||
| 21 | (ddd) (Blank). | ||||||
| 22 | (eee) (Blank). | ||||||
| 23 | (fff) (Blank). | ||||||
| 24 | (ggg) (Blank). | ||||||
| 25 | (hhh) (Blank). | ||||||
| 26 | (iii) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (jjj) (Blank). | ||||||
| 2 | (lll) (Blank). | ||||||
| 3 | (mmm) (Blank). | ||||||
| 4 | (nnn) (Blank). | ||||||
| 5 | (ooo) (Blank). | ||||||
| 6 | (ppp) (Blank). | ||||||
| 7 | (qqq) (Blank). | ||||||
| 8 | (rrr) (Blank). | ||||||
| 9 | (sss) (Blank). | ||||||
| 10 | (ttt) (Blank). | ||||||
| 11 | (uuu) (Blank). | ||||||
| 12 | (vvv) (Blank). | ||||||
| 13 | (www) (Blank). | ||||||
| 14 | (xxx) (Blank). | ||||||
| 15 | (yyy) (Blank). | ||||||
| 16 | (zzz) (Blank). | ||||||
| 17 | (aaaa) (Blank). | ||||||
| 18 | (bbbb) (Blank). | ||||||
| 19 | (cccc) (Blank). | ||||||
| 20 | (dddd) (Blank). | ||||||
| 21 | (eeee) (Blank). | ||||||
| 22 | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | ||||||
| 23 | 100-863, eff. 8-14-18; 101-10, eff. 6-5-19; revised 7-17-19.)
| ||||||
| 24 | (30 ILCS 105/9.02) (from Ch. 127, par. 145c)
| ||||||
| 25 | Sec. 9.02. Vouchers; signature; delegation; electronic | ||||||
| |||||||
| |||||||
| 1 | submission.
| ||||||
| 2 | (a)(1) Any new contract or contract renewal in the amount | ||||||
| 3 | of $250,000 or
more in a fiscal year, or any order against a | ||||||
| 4 | master contract in the amount of
$250,000 or more in a fiscal | ||||||
| 5 | year, or any contract amendment or change to an
existing | ||||||
| 6 | contract that increases the value of the contract to or by | ||||||
| 7 | $250,000 or
more in a fiscal year, shall be signed or approved | ||||||
| 8 | in writing by the chief
executive officer of the agency or his | ||||||
| 9 | or her designee, and shall also be signed or approved in
| ||||||
| 10 | writing by
the agency's chief legal counsel or his or her | ||||||
| 11 | designee and chief fiscal
officer or his or her designee. If | ||||||
| 12 | the agency does not have a chief legal counsel or a chief | ||||||
| 13 | fiscal
officer, the chief
executive officer of the agency shall | ||||||
| 14 | designate in writing a senior executive
as the individual | ||||||
| 15 | responsible for signature or approval.
| ||||||
| 16 | (2) No document identified in paragraph (1) may be filed | ||||||
| 17 | with the
Comptroller, nor may any authorization for payment | ||||||
| 18 | pursuant to such documents
be filed with the Comptroller, if | ||||||
| 19 | the required signatures or approvals are
lacking.
| ||||||
| 20 | (3) Any person who, with knowledge the signatures or | ||||||
| 21 | approvals required in
paragraph (1) are lacking, either files | ||||||
| 22 | or directs another to file documents
or
payment authorizations | ||||||
| 23 | in violation of paragraph (2) shall be subject to
discipline up | ||||||
| 24 | to and including discharge.
| ||||||
| 25 | (4) Procurements shall not be artificially divided so as to | ||||||
| 26 | avoid the
necessity of complying with paragraph (1).
| ||||||
| |||||||
| |||||||
| 1 | (5) Each State agency shall develop and implement | ||||||
| 2 | procedures to ensure the
necessary signatures or approvals are | ||||||
| 3 | obtained. Each State agency may
establish, maintain and follow | ||||||
| 4 | procedures that are more restrictive than
those required | ||||||
| 5 | herein.
| ||||||
| 6 | (6) This subsection (a) applies to all State agencies as | ||||||
| 7 | defined in Section
1-7 of the Illinois State Auditing
Act, | ||||||
| 8 | which includes without limitation the General
Assembly and its
| ||||||
| 9 | agencies. For purposes of this subsection (a), in the case of | ||||||
| 10 | the General
Assembly,
the "chief executive officer of the | ||||||
| 11 | agency" means (i) the Senate
Operations
Commission for Senate | ||||||
| 12 | general operations as provided in Section 4 of the
General | ||||||
| 13 | Assembly
Operations Act, (ii) the Speaker of the House of | ||||||
| 14 | Representatives for House
general operations as
provided in | ||||||
| 15 | Section 5 of the General Assembly Operations Act, (iii) the | ||||||
| 16 | Speaker
of the House for majority leadership staff and | ||||||
| 17 | operations, (iv) the Minority
Leader of the House for minority | ||||||
| 18 | leadership staff and operations, (v) the
President of the | ||||||
| 19 | Senate for majority leadership staff and operations, (vi) the
| ||||||
| 20 | Minority Leader of the Senate for minority staff and | ||||||
| 21 | operations, and (vii) the
Joint
Committee on Legislative | ||||||
| 22 | Support Services for the legislative support services
agencies | ||||||
| 23 | as provided in the Legislative Commission Reorganization Act of
| ||||||
| 24 | 1984. For purposes of this subsection (a), in the case of | ||||||
| 25 | agencies, the "chief executive officer of the agency" means the | ||||||
| 26 | head of the agency.
| ||||||
| |||||||
| |||||||
| 1 | (b)(1) Every voucher or corresponding balancing report, as | ||||||
| 2 | submitted by the agency or office in
which
it originates, shall | ||||||
| 3 | bear (i) the signature of the officer
responsible for
approving | ||||||
| 4 | and certifying vouchers under this Act and (ii) if
authority to
| ||||||
| 5 | sign the responsible officer's name has been properly | ||||||
| 6 | delegated, also the
signature of the person actually signing | ||||||
| 7 | the voucher.
| ||||||
| 8 | (2) When an officer delegates authority to approve and | ||||||
| 9 | certify
vouchers,
he shall send a copy of such authorization | ||||||
| 10 | containing the signature of the
person to whom delegation is | ||||||
| 11 | made to each office that checks or approves
such vouchers and | ||||||
| 12 | to the State Comptroller. Such delegation may be general
or | ||||||
| 13 | limited. If the delegation is limited, the authorization shall | ||||||
| 14 | designate
the particular types of vouchers that the person is | ||||||
| 15 | authorized to approve
and certify.
| ||||||
| 16 | (3) When any delegation of authority hereunder is revoked, | ||||||
| 17 | a copy of the
revocation of authority shall be sent to the | ||||||
| 18 | Comptroller and to each office
to which a copy of the | ||||||
| 19 | authorization was sent.
| ||||||
| 20 | The Comptroller may require State agencies to maintain | ||||||
| 21 | signature
documents and records of delegations of voucher | ||||||
| 22 | signature authority and
revocations of those delegations, | ||||||
| 23 | instead of transmitting those documents to
the Comptroller. The | ||||||
| 24 | Comptroller may inspect such documents and records at any
time.
| ||||||
| 25 | (c) The Comptroller may authorize the submission of | ||||||
| 26 | vouchers through
electronic transmissions, on magnetic tape, | ||||||
| |||||||
| |||||||
| 1 | or otherwise.
| ||||||
| 2 | (Source: P.A. 101-34, eff. 6-28-19; 101-359, eff. 8-9-19; | ||||||
| 3 | revised 9-12-19.)
| ||||||
| 4 | (30 ILCS 105/25) (from Ch. 127, par. 161)
| ||||||
| 5 | Sec. 25. Fiscal year limitations.
| ||||||
| 6 | (a) All appropriations shall be
available for expenditure | ||||||
| 7 | for the fiscal year or for a lesser period if the
Act making | ||||||
| 8 | that appropriation so specifies. A deficiency or emergency
| ||||||
| 9 | appropriation shall be available for expenditure only through | ||||||
| 10 | June 30 of
the year when the Act making that appropriation is | ||||||
| 11 | enacted unless that Act
otherwise provides.
| ||||||
| 12 | (b) Outstanding liabilities as of June 30, payable from | ||||||
| 13 | appropriations
which have otherwise expired, may be paid out of | ||||||
| 14 | the expiring
appropriations during the 2-month period ending at | ||||||
| 15 | the
close of business on August 31. Any service involving
| ||||||
| 16 | professional or artistic skills or any personal services by an | ||||||
| 17 | employee whose
compensation is subject to income tax | ||||||
| 18 | withholding must be performed as of June
30 of the fiscal year | ||||||
| 19 | in order to be considered an "outstanding liability as of
June | ||||||
| 20 | 30" that is thereby eligible for payment out of the expiring
| ||||||
| 21 | appropriation.
| ||||||
| 22 | (b-1) However, payment of tuition reimbursement claims | ||||||
| 23 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
| 24 | the State Board of Education from its
appropriations for those | ||||||
| 25 | respective purposes for any fiscal year, even though
the claims | ||||||
| |||||||
| |||||||
| 1 | reimbursed by the payment may be claims attributable to a prior
| ||||||
| 2 | fiscal year, and payments may be made at the direction of the | ||||||
| 3 | State
Superintendent of Education from the fund from which the | ||||||
| 4 | appropriation is made
without regard to any fiscal year | ||||||
| 5 | limitations, except as required by subsection (j) of this | ||||||
| 6 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
| 7 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
| 8 | School Code as of June 30, payable from appropriations that | ||||||
| 9 | have otherwise expired, may be paid out of the expiring | ||||||
| 10 | appropriation during the 4-month period ending at the close of | ||||||
| 11 | business on October 31.
| ||||||
| 12 | (b-2) (Blank). | ||||||
| 13 | (b-2.5) (Blank). | ||||||
| 14 | (b-2.6) (Blank). | ||||||
| 15 | (b-2.6a) (Blank). | ||||||
| 16 | (b-2.6b) (Blank). | ||||||
| 17 | (b-2.6c) All outstanding liabilities as of June 30, 2019, | ||||||
| 18 | payable from appropriations that would otherwise expire at the | ||||||
| 19 | conclusion of the lapse period for fiscal year 2019, and | ||||||
| 20 | interest penalties payable on those liabilities under the State | ||||||
| 21 | Prompt Payment Act, may be paid out of the expiring | ||||||
| 22 | appropriations until December 31, 2019, without regard to the | ||||||
| 23 | fiscal year in which the payment is made, as long as vouchers | ||||||
| 24 | for the liabilities are received by the Comptroller no later | ||||||
| 25 | than October 31, 2019. | ||||||
| 26 | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, and | ||||||
| |||||||
| |||||||
| 1 | 2020, interest penalties payable under the State Prompt Payment | ||||||
| 2 | Act associated with a voucher for which payment is issued after | ||||||
| 3 | June 30 may be paid out of the next fiscal year's | ||||||
| 4 | appropriation. The future year appropriation must be for the | ||||||
| 5 | same purpose and from the same fund as the original payment. An | ||||||
| 6 | interest penalty voucher submitted against a future year | ||||||
| 7 | appropriation must be submitted within 60 days after the | ||||||
| 8 | issuance of the associated voucher, except that, for fiscal | ||||||
| 9 | year 2018 only, an interest penalty voucher submitted against a | ||||||
| 10 | future year appropriation must be submitted within 60 days of | ||||||
| 11 | June 5, 2019 (the effective date of Public Act 101-10) this | ||||||
| 12 | amendatory Act of the 101st General Assembly. The Comptroller | ||||||
| 13 | must issue the interest payment within 60 days after acceptance | ||||||
| 14 | of the interest voucher. | ||||||
| 15 | (b-3) Medical payments may be made by the Department of | ||||||
| 16 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
| 17 | for any fiscal year, without regard to the
fact that the | ||||||
| 18 | medical services being compensated for by such payment may have
| ||||||
| 19 | been rendered in a prior fiscal year, except as required by | ||||||
| 20 | subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
| 21 | medical payments payable from appropriations that have | ||||||
| 22 | otherwise expired may be paid out of the expiring appropriation | ||||||
| 23 | during the 4-month period ending at the close of business on | ||||||
| 24 | October 31.
| ||||||
| 25 | (b-4) Medical payments and child care
payments may be made | ||||||
| 26 | by the Department of
Human Services (as successor to the | ||||||
| |||||||
| |||||||
| 1 | Department of Public Aid) from
appropriations for those | ||||||
| 2 | purposes for any fiscal year,
without regard to the fact that | ||||||
| 3 | the medical or child care services being
compensated for by | ||||||
| 4 | such payment may have been rendered in a prior fiscal
year; and | ||||||
| 5 | payments may be made at the direction of the Department of
| ||||||
| 6 | Healthcare and Family Services (or successor agency) from the | ||||||
| 7 | Health Insurance Reserve Fund without regard to any fiscal
year | ||||||
| 8 | limitations, except as required by subsection (j) of this | ||||||
| 9 | Section. Beginning on June 30, 2021, medical and child care | ||||||
| 10 | payments made by the Department of Human Services and payments | ||||||
| 11 | made at the discretion of the Department of Healthcare and | ||||||
| 12 | Family Services (or successor agency) from the Health Insurance | ||||||
| 13 | Reserve Fund and payable from appropriations that have | ||||||
| 14 | otherwise expired may be paid out of the expiring appropriation | ||||||
| 15 | during the 4-month period ending at the close of business on | ||||||
| 16 | October 31.
| ||||||
| 17 | (b-5) Medical payments may be made by the Department of | ||||||
| 18 | Human Services from its appropriations relating to substance | ||||||
| 19 | abuse treatment services for any fiscal year, without regard to | ||||||
| 20 | the fact that the medical services being compensated for by | ||||||
| 21 | such payment may have been rendered in a prior fiscal year, | ||||||
| 22 | provided the payments are made on a fee-for-service basis | ||||||
| 23 | consistent with requirements established for Medicaid | ||||||
| 24 | reimbursement by the Department of Healthcare and Family | ||||||
| 25 | Services, except as required by subsection (j) of this Section. | ||||||
| 26 | Beginning on June 30, 2021, medical payments made by the | ||||||
| |||||||
| |||||||
| 1 | Department of Human Services relating to substance abuse | ||||||
| 2 | treatment services payable from appropriations that have | ||||||
| 3 | otherwise expired may be paid out of the expiring appropriation | ||||||
| 4 | during the 4-month period ending at the close of business on | ||||||
| 5 | October 31. | ||||||
| 6 | (b-6) (Blank).
| ||||||
| 7 | (b-7) Payments may be made in accordance with a plan | ||||||
| 8 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
| 9 | Department of Central Management Services Law from | ||||||
| 10 | appropriations for those payments without regard to fiscal year | ||||||
| 11 | limitations. | ||||||
| 12 | (b-8) Reimbursements to eligible airport sponsors for the | ||||||
| 13 | construction or upgrading of Automated Weather Observation | ||||||
| 14 | Systems may be made by the Department of Transportation from | ||||||
| 15 | appropriations for those purposes for any fiscal year, without | ||||||
| 16 | regard to the fact that the qualification or obligation may | ||||||
| 17 | have occurred in a prior fiscal year, provided that at the time | ||||||
| 18 | the expenditure was made the project had been approved by the | ||||||
| 19 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
| 20 | result of recent changes in federal funding formulas, can no | ||||||
| 21 | longer receive federal reimbursement. | ||||||
| 22 | (b-9) (Blank). | ||||||
| 23 | (c) Further, payments may be made by the Department of | ||||||
| 24 | Public Health and the
Department of Human Services (acting as | ||||||
| 25 | successor to the Department of Public
Health under the | ||||||
| 26 | Department of Human Services Act)
from their respective | ||||||
| |||||||
| |||||||
| 1 | appropriations for grants for medical care to or on
behalf of | ||||||
| 2 | premature and high-mortality risk infants and their mothers and
| ||||||
| 3 | for grants for supplemental food supplies provided under the | ||||||
| 4 | United States
Department of Agriculture Women, Infants and | ||||||
| 5 | Children Nutrition Program,
for any fiscal year without regard | ||||||
| 6 | to the fact that the services being
compensated for by such | ||||||
| 7 | payment may have been rendered in a prior fiscal year, except | ||||||
| 8 | as required by subsection (j) of this Section. Beginning on | ||||||
| 9 | June 30, 2021, payments made by the Department of Public Health | ||||||
| 10 | and the Department of Human Services from their respective | ||||||
| 11 | appropriations for grants for medical care to or on behalf of | ||||||
| 12 | premature and high-mortality risk infants and their mothers and | ||||||
| 13 | for grants for supplemental food supplies provided under the | ||||||
| 14 | United States Department of Agriculture Women, Infants and | ||||||
| 15 | Children Nutrition Program payable from appropriations that | ||||||
| 16 | have otherwise expired may be paid out of the expiring | ||||||
| 17 | appropriations during the 4-month period ending at the close of | ||||||
| 18 | business on October 31.
| ||||||
| 19 | (d) The Department of Public Health and the Department of | ||||||
| 20 | Human Services
(acting as successor to the Department of Public | ||||||
| 21 | Health under the Department of
Human Services Act) shall each | ||||||
| 22 | annually submit to the State Comptroller, Senate
President, | ||||||
| 23 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
| 24 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
| 25 | the
Appropriations Committees of the Senate and the House, on | ||||||
| 26 | or before
December 31, a report of fiscal year funds used to | ||||||
| |||||||
| |||||||
| 1 | pay for services
provided in any prior fiscal year. This report | ||||||
| 2 | shall document by program or
service category those | ||||||
| 3 | expenditures from the most recently completed fiscal
year used | ||||||
| 4 | to pay for services provided in prior fiscal years.
| ||||||
| 5 | (e) The Department of Healthcare and Family Services, the | ||||||
| 6 | Department of Human Services
(acting as successor to the | ||||||
| 7 | Department of Public Aid), and the Department of Human Services | ||||||
| 8 | making fee-for-service payments relating to substance abuse | ||||||
| 9 | treatment services provided during a previous fiscal year shall | ||||||
| 10 | each annually
submit to the State
Comptroller, Senate | ||||||
| 11 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
| 12 | Minority Leader, the respective Chairmen and Minority | ||||||
| 13 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
| 14 | the House, on or before November
30, a report that shall | ||||||
| 15 | document by program or service category those
expenditures from | ||||||
| 16 | the most recently completed fiscal year used to pay for (i)
| ||||||
| 17 | services provided in prior fiscal years and (ii) services for | ||||||
| 18 | which claims were
received in prior fiscal years.
| ||||||
| 19 | (f) The Department of Human Services (as successor to the | ||||||
| 20 | Department of
Public Aid) shall annually submit to the State
| ||||||
| 21 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
| 22 | of the House,
House Minority Leader, and the respective | ||||||
| 23 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
| 24 | Committees of the Senate and the House, on or before
December | ||||||
| 25 | 31, a report
of fiscal year funds used to pay for services | ||||||
| 26 | (other than medical care)
provided in any prior fiscal year. | ||||||
| |||||||
| |||||||
| 1 | This report shall document by program or
service category those | ||||||
| 2 | expenditures from the most recently completed fiscal
year used | ||||||
| 3 | to pay for services provided in prior fiscal years.
| ||||||
| 4 | (g) In addition, each annual report required to be | ||||||
| 5 | submitted by the
Department of Healthcare and Family Services | ||||||
| 6 | under subsection (e) shall include the following
information | ||||||
| 7 | with respect to the State's Medicaid program:
| ||||||
| 8 | (1) Explanations of the exact causes of the variance | ||||||
| 9 | between the previous
year's estimated and actual | ||||||
| 10 | liabilities.
| ||||||
| 11 | (2) Factors affecting the Department of Healthcare and | ||||||
| 12 | Family Services' liabilities,
including, but not limited | ||||||
| 13 | to, numbers of aid recipients, levels of medical
service | ||||||
| 14 | utilization by aid recipients, and inflation in the cost of | ||||||
| 15 | medical
services.
| ||||||
| 16 | (3) The results of the Department's efforts to combat | ||||||
| 17 | fraud and abuse.
| ||||||
| 18 | (h) As provided in Section 4 of the General Assembly | ||||||
| 19 | Compensation Act,
any utility bill for service provided to a | ||||||
| 20 | General Assembly
member's district office for a period | ||||||
| 21 | including portions of 2 consecutive
fiscal years may be paid | ||||||
| 22 | from funds appropriated for such expenditure in
either fiscal | ||||||
| 23 | year.
| ||||||
| 24 | (i) An agency which administers a fund classified by the | ||||||
| 25 | Comptroller as an
internal service fund may issue rules for:
| ||||||
| 26 | (1) billing user agencies in advance for payments or | ||||||
| |||||||
| |||||||
| 1 | authorized inter-fund transfers
based on estimated charges | ||||||
| 2 | for goods or services;
| ||||||
| 3 | (2) issuing credits, refunding through inter-fund | ||||||
| 4 | transfers, or reducing future inter-fund transfers
during
| ||||||
| 5 | the subsequent fiscal year for all user agency payments or | ||||||
| 6 | authorized inter-fund transfers received during the
prior | ||||||
| 7 | fiscal year which were in excess of the final amounts owed | ||||||
| 8 | by the user
agency for that period; and
| ||||||
| 9 | (3) issuing catch-up billings to user agencies
during | ||||||
| 10 | the subsequent fiscal year for amounts remaining due when | ||||||
| 11 | payments or authorized inter-fund transfers
received from | ||||||
| 12 | the user agency during the prior fiscal year were less than | ||||||
| 13 | the
total amount owed for that period.
| ||||||
| 14 | User agencies are authorized to reimburse internal service | ||||||
| 15 | funds for catch-up
billings by vouchers drawn against their | ||||||
| 16 | respective appropriations for the
fiscal year in which the | ||||||
| 17 | catch-up billing was issued or by increasing an authorized | ||||||
| 18 | inter-fund transfer during the current fiscal year. For the | ||||||
| 19 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
| 20 | without the use of the voucher-warrant process, as authorized | ||||||
| 21 | by Section 9.01 of the State Comptroller Act.
| ||||||
| 22 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
| 23 | liabilities, not payable during the 4-month lapse period as | ||||||
| 24 | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | ||||||
| 25 | (c) of this Section, that are made from appropriations for that | ||||||
| 26 | purpose for any fiscal year, without regard to the fact that | ||||||
| |||||||
| |||||||
| 1 | the services being compensated for by those payments may have | ||||||
| 2 | been rendered in a prior fiscal year, are limited to only those | ||||||
| 3 | claims that have been incurred but for which a proper bill or | ||||||
| 4 | invoice as defined by the State Prompt Payment Act has not been | ||||||
| 5 | received by September 30th following the end of the fiscal year | ||||||
| 6 | in which the service was rendered. | ||||||
| 7 | (j) Notwithstanding any other provision of this Act, the | ||||||
| 8 | aggregate amount of payments to be made without regard for | ||||||
| 9 | fiscal year limitations as contained in subsections (b-1), | ||||||
| 10 | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | ||||||
| 11 | determined by using Generally Accepted Accounting Principles, | ||||||
| 12 | shall not exceed the following amounts: | ||||||
| 13 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
| 14 | to fiscal year 2012; | ||||||
| 15 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
| 16 | to fiscal year 2013; | ||||||
| 17 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
| 18 | to fiscal year 2014; | ||||||
| 19 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
| 20 | to fiscal year 2015; | ||||||
| 21 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
| 22 | to fiscal year 2016; | ||||||
| 23 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
| 24 | to fiscal year 2017; | ||||||
| 25 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
| 26 | to fiscal year 2018; | ||||||
| |||||||
| |||||||
| 1 | (8) $1,300,000,000 for outstanding liabilities related | ||||||
| 2 | to fiscal year 2019; | ||||||
| 3 | (9) $600,000,000 for outstanding liabilities related | ||||||
| 4 | to fiscal year 2020; and | ||||||
| 5 | (10) $0 for outstanding liabilities related to fiscal | ||||||
| 6 | year 2021 and fiscal years thereafter. | ||||||
| 7 | (k) Department of Healthcare and Family Services Medical | ||||||
| 8 | Assistance Payments. | ||||||
| 9 | (1) Definition of Medical Assistance. | ||||||
| 10 | For purposes of this subsection, the term "Medical | ||||||
| 11 | Assistance" shall include, but not necessarily be | ||||||
| 12 | limited to, medical programs and services authorized | ||||||
| 13 | under Titles XIX and XXI of the Social Security Act, | ||||||
| 14 | the Illinois Public Aid Code, the Children's Health | ||||||
| 15 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
| 16 | Insurance Act, the Long Term Acute Care Hospital | ||||||
| 17 | Quality Improvement Transfer Program Act, and medical | ||||||
| 18 | care to or on behalf of persons suffering from chronic | ||||||
| 19 | renal disease, persons suffering from hemophilia, and | ||||||
| 20 | victims of sexual assault. | ||||||
| 21 | (2) Limitations on Medical Assistance payments that | ||||||
| 22 | may be paid from future fiscal year appropriations. | ||||||
| 23 | (A) The maximum amounts of annual unpaid Medical | ||||||
| 24 | Assistance bills received and recorded by the | ||||||
| 25 | Department of Healthcare and Family Services on or | ||||||
| 26 | before June 30th of a particular fiscal year | ||||||
| |||||||
| |||||||
| 1 | attributable in aggregate to the General Revenue Fund, | ||||||
| 2 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
| 3 | Recovery Fund, Long-Term Care Provider Fund, and the | ||||||
| 4 | Drug Rebate Fund that may be paid in total by the | ||||||
| 5 | Department from future fiscal year Medical Assistance | ||||||
| 6 | appropriations to those funds are:
$700,000,000 for | ||||||
| 7 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
| 8 | and each fiscal year thereafter. | ||||||
| 9 | (B) Bills for Medical Assistance services rendered | ||||||
| 10 | in a particular fiscal year, but received and recorded | ||||||
| 11 | by the Department of Healthcare and Family Services | ||||||
| 12 | after June 30th of that fiscal year, may be paid from | ||||||
| 13 | either appropriations for that fiscal year or future | ||||||
| 14 | fiscal year appropriations for Medical Assistance. | ||||||
| 15 | Such payments shall not be subject to the requirements | ||||||
| 16 | of subparagraph (A). | ||||||
| 17 | (C) Medical Assistance bills received by the | ||||||
| 18 | Department of Healthcare and Family Services in a | ||||||
| 19 | particular fiscal year, but subject to payment amount | ||||||
| 20 | adjustments in a future fiscal year may be paid from a | ||||||
| 21 | future fiscal year's appropriation for Medical | ||||||
| 22 | Assistance. Such payments shall not be subject to the | ||||||
| 23 | requirements of subparagraph (A). | ||||||
| 24 | (D) Medical Assistance payments made by the | ||||||
| 25 | Department of Healthcare and Family Services from | ||||||
| 26 | funds other than those specifically referenced in | ||||||
| |||||||
| |||||||
| 1 | subparagraph (A) may be made from appropriations for | ||||||
| 2 | those purposes for any fiscal year without regard to | ||||||
| 3 | the fact that the Medical Assistance services being | ||||||
| 4 | compensated for by such payment may have been rendered | ||||||
| 5 | in a prior fiscal year. Such payments shall not be | ||||||
| 6 | subject to the requirements of subparagraph (A). | ||||||
| 7 | (3) Extended lapse period for Department of Healthcare | ||||||
| 8 | and Family Services Medical Assistance payments. | ||||||
| 9 | Notwithstanding any other State law to the contrary, | ||||||
| 10 | outstanding Department of Healthcare and Family Services | ||||||
| 11 | Medical Assistance liabilities, as of June 30th, payable | ||||||
| 12 | from appropriations which have otherwise expired, may be | ||||||
| 13 | paid out of the expiring appropriations during the 6-month | ||||||
| 14 | period ending at the close of business on December 31st. | ||||||
| 15 | (l) The changes to this Section made by Public Act 97-691 | ||||||
| 16 | shall be effective for payment of Medical Assistance bills | ||||||
| 17 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
| 18 | changes to this Section made by Public Act 97-691 shall not be | ||||||
| 19 | applied to Medical Assistance bills incurred in fiscal year | ||||||
| 20 | 2012 or prior fiscal years. | ||||||
| 21 | (m) The Comptroller must issue payments against | ||||||
| 22 | outstanding liabilities that were received prior to the lapse | ||||||
| 23 | period deadlines set forth in this Section as soon thereafter | ||||||
| 24 | as practical, but no payment may be issued after the 4 months | ||||||
| 25 | following the lapse period deadline without the signed | ||||||
| 26 | authorization of the Comptroller and the Governor. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
| 2 | 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; revised 9-12-19.)
| ||||||
| 3 | Section 155. The General Obligation Bond Act is amended by | ||||||
| 4 | changing Section 19 as follows:
| ||||||
| 5 | (30 ILCS 330/19) (from Ch. 127, par. 669)
| ||||||
| 6 | Sec. 19. Investment of money not needed for current
| ||||||
| 7 | expenditures; application of earnings Money Not Needed for | ||||||
| 8 | Current
Expenditures - Application of Earnings.
| ||||||
| 9 | (a) The State Treasurer may, with the Governor's approval, | ||||||
| 10 | invest and
reinvest any money from the Capital Development | ||||||
| 11 | Fund, the Transportation
Bond, Series A Fund, the | ||||||
| 12 | Transportation Bond, Series B Fund, the Multi-modal | ||||||
| 13 | Transportation Bond Fund, the School
Construction Fund, the | ||||||
| 14 | Anti-Pollution Fund, the Coal Development Fund and
the General | ||||||
| 15 | Obligation Bond Retirement and Interest Fund, in the State
| ||||||
| 16 | Treasury, which is not needed for current expenditures due or | ||||||
| 17 | about to
become due from these funds.
| ||||||
| 18 | (b) Monies received from the sale or redemption of | ||||||
| 19 | investments from the
Transportation Bond, Series A Fund and the | ||||||
| 20 | Multi-modal Transportation Bond Fund shall be deposited by the | ||||||
| 21 | State
Treasurer in the Road Fund.
| ||||||
| 22 | Monies received from the sale or redemption of investments | ||||||
| 23 | from the
Capital Development Fund, the Transportation Bond, | ||||||
| 24 | Series B Fund, the School
Construction Fund, the Anti-Pollution | ||||||
| |||||||
| |||||||
| 1 | Fund, and the Coal Development Fund
shall be deposited by the | ||||||
| 2 | State Treasurer in the General Revenue Fund.
| ||||||
| 3 | Monies from the sale or redemption of investments from the | ||||||
| 4 | General
Obligation Bond Retirement and Interest Fund shall be | ||||||
| 5 | deposited in the
General Obligation Bond Retirement and | ||||||
| 6 | Interest Fund.
| ||||||
| 7 | (c) Monies from the Capital Development Fund, the | ||||||
| 8 | Transportation Bond,
Series A Fund, the Transportation Bond, | ||||||
| 9 | Series B Fund, the Multi-modal Transportation Bond Fund, the | ||||||
| 10 | School
Construction Fund, the Anti-Pollution Fund, and the Coal | ||||||
| 11 | Development Fund
may be invested as permitted in the Deposit of | ||||||
| 12 | State Moneys Act "AN ACT in relation to State moneys",
approved | ||||||
| 13 | June 28, 1919, as amended and in the Public Funds Investment | ||||||
| 14 | Act "AN ACT relating to certain
investments of public funds by | ||||||
| 15 | public agencies", approved July 23, 1943, as
amended. Monies | ||||||
| 16 | from the General Obligation Bond Retirement and Interest
Fund | ||||||
| 17 | may be invested in securities constituting direct obligations | ||||||
| 18 | of the
United States Government, or obligations, the principal | ||||||
| 19 | of and interest on which
are guaranteed by the United States | ||||||
| 20 | Government, or certificates of deposit
of any state or national | ||||||
| 21 | bank or savings and loan association.
For amounts not insured | ||||||
| 22 | by the Federal Deposit Insurance Corporation or
the Federal | ||||||
| 23 | Savings and Loan Insurance Corporation, as security the State
| ||||||
| 24 | Treasurer shall accept securities constituting direct | ||||||
| 25 | obligations of the
United States Government, or obligations, | ||||||
| 26 | the principal of and interest on
which are guaranteed by the | ||||||
| |||||||
| |||||||
| 1 | United States Government.
| ||||||
| 2 | (d) Accrued interest paid to the State at the time of the | ||||||
| 3 | delivery of
the Bonds shall be deposited into the General | ||||||
| 4 | Obligation Bond Retirement and Interest
Fund in the State | ||||||
| 5 | Treasury.
| ||||||
| 6 | (Source: P.A. 101-30, eff. 6-28-19; revised 8-13-19.)
| ||||||
| 7 | Section 160. The Illinois Procurement Code is amended by | ||||||
| 8 | changing Sections 1-10 and 45-35 and by setting forth,
| ||||||
| 9 | renumbering, and changing multiple versions of Section 1-35 as | ||||||
| 10 | follows:
| ||||||
| 11 | (30 ILCS 500/1-10)
| ||||||
| 12 | Sec. 1-10. Application.
| ||||||
| 13 | (a) This Code applies only to procurements for which | ||||||
| 14 | bidders, offerors, potential contractors, or contractors were | ||||||
| 15 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
| 16 | be construed to affect
or impair any contract, or any provision | ||||||
| 17 | of a contract, entered into based on a
solicitation prior to | ||||||
| 18 | the implementation date of this Code as described in
Article | ||||||
| 19 | 99, including, but not limited to, any covenant entered into | ||||||
| 20 | with respect
to any revenue bonds or similar instruments.
All | ||||||
| 21 | procurements for which contracts are solicited between the | ||||||
| 22 | effective date
of Articles 50 and 99 and July 1, 1998 shall be | ||||||
| 23 | substantially in accordance
with this Code and its intent.
| ||||||
| 24 | (b) This Code shall apply regardless of the source of the | ||||||
| |||||||
| |||||||
| 1 | funds with which
the contracts are paid, including federal | ||||||
| 2 | assistance moneys. This
Code shall
not apply to:
| ||||||
| 3 | (1) Contracts between the State and its political | ||||||
| 4 | subdivisions or other
governments, or between State | ||||||
| 5 | governmental bodies, except as specifically provided in | ||||||
| 6 | this Code.
| ||||||
| 7 | (2) Grants, except for the filing requirements of | ||||||
| 8 | Section 20-80.
| ||||||
| 9 | (3) Purchase of care, except as provided in Section | ||||||
| 10 | 5-30.6 of the Illinois Public Aid
Code and this Section.
| ||||||
| 11 | (4) Hiring of an individual as employee and not as an | ||||||
| 12 | independent
contractor, whether pursuant to an employment | ||||||
| 13 | code or policy or by contract
directly with that | ||||||
| 14 | individual.
| ||||||
| 15 | (5) Collective bargaining contracts.
| ||||||
| 16 | (6) Purchase of real estate, except that notice of this | ||||||
| 17 | type of contract with a value of more than $25,000 must be | ||||||
| 18 | published in the Procurement Bulletin within 10 calendar | ||||||
| 19 | days after the deed is recorded in the county of | ||||||
| 20 | jurisdiction. The notice shall identify the real estate | ||||||
| 21 | purchased, the names of all parties to the contract, the | ||||||
| 22 | value of the contract, and the effective date of the | ||||||
| 23 | contract.
| ||||||
| 24 | (7) Contracts necessary to prepare for anticipated | ||||||
| 25 | litigation, enforcement
actions, or investigations, | ||||||
| 26 | provided
that the chief legal counsel to the Governor shall | ||||||
| |||||||
| |||||||
| 1 | give his or her prior
approval when the procuring agency is | ||||||
| 2 | one subject to the jurisdiction of the
Governor, and | ||||||
| 3 | provided that the chief legal counsel of any other | ||||||
| 4 | procuring
entity
subject to this Code shall give his or her | ||||||
| 5 | prior approval when the procuring
entity is not one subject | ||||||
| 6 | to the jurisdiction of the Governor.
| ||||||
| 7 | (8) (Blank).
| ||||||
| 8 | (9) Procurement expenditures by the Illinois | ||||||
| 9 | Conservation Foundation
when only private funds are used.
| ||||||
| 10 | (10) (Blank). | ||||||
| 11 | (11) Public-private agreements entered into according | ||||||
| 12 | to the procurement requirements of Section 20 of the | ||||||
| 13 | Public-Private Partnerships for Transportation Act and | ||||||
| 14 | design-build agreements entered into according to the | ||||||
| 15 | procurement requirements of Section 25 of the | ||||||
| 16 | Public-Private Partnerships for Transportation Act. | ||||||
| 17 | (12) Contracts for legal, financial, and other | ||||||
| 18 | professional and artistic services entered into on or | ||||||
| 19 | before December 31, 2018 by the Illinois Finance Authority | ||||||
| 20 | in which the State of Illinois is not obligated. Such | ||||||
| 21 | contracts shall be awarded through a competitive process | ||||||
| 22 | authorized by the Board of the Illinois Finance Authority | ||||||
| 23 | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||||||
| 24 | 50-35, and 50-37 of this Code, as well as the final | ||||||
| 25 | approval by the Board of the Illinois Finance Authority of | ||||||
| 26 | the terms of the contract. | ||||||
| |||||||
| |||||||
| 1 | (13) Contracts for services, commodities, and | ||||||
| 2 | equipment to support the delivery of timely forensic | ||||||
| 3 | science services in consultation with and subject to the | ||||||
| 4 | approval of the Chief Procurement Officer as provided in | ||||||
| 5 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
| 6 | Corrections, except for the requirements of Sections | ||||||
| 7 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
| 8 | Code; however, the Chief Procurement Officer may, in | ||||||
| 9 | writing with justification, waive any certification | ||||||
| 10 | required under Article 50 of this Code. For any contracts | ||||||
| 11 | for services which are currently provided by members of a | ||||||
| 12 | collective bargaining agreement, the applicable terms of | ||||||
| 13 | the collective bargaining agreement concerning | ||||||
| 14 | subcontracting shall be followed. | ||||||
| 15 | On and after January 1, 2019, this paragraph (13), | ||||||
| 16 | except for this sentence, is inoperative. | ||||||
| 17 | (14) Contracts for participation expenditures required | ||||||
| 18 | by a domestic or international trade show or exhibition of | ||||||
| 19 | an exhibitor, member, or sponsor. | ||||||
| 20 | (15) Contracts with a railroad or utility that requires | ||||||
| 21 | the State to reimburse the railroad or utilities for the | ||||||
| 22 | relocation of utilities for construction or other public | ||||||
| 23 | purpose. Contracts included within this paragraph (15) | ||||||
| 24 | shall include, but not be limited to, those associated | ||||||
| 25 | with: relocations, crossings, installations, and | ||||||
| 26 | maintenance. For the purposes of this paragraph (15), | ||||||
| |||||||
| |||||||
| 1 | "railroad" means any form of non-highway ground | ||||||
| 2 | transportation that runs on rails or electromagnetic | ||||||
| 3 | guideways and "utility" means: (1) public utilities as | ||||||
| 4 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
| 5 | telecommunications carriers as defined in Section 13-202 | ||||||
| 6 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
| 7 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
| 8 | telephone or telecommunications cooperatives as defined in | ||||||
| 9 | Section 13-212 of the Public Utilities Act, (5) rural water | ||||||
| 10 | or waste water systems with 10,000 connections or less, (6) | ||||||
| 11 | a holder as defined in Section 21-201 of the Public | ||||||
| 12 | Utilities Act, and (7) municipalities owning or operating | ||||||
| 13 | utility systems consisting of public utilities as that term | ||||||
| 14 | is defined in Section 11-117-2 of the Illinois Municipal | ||||||
| 15 | Code. | ||||||
| 16 | (16) Procurement expenditures necessary for the | ||||||
| 17 | Department of Public Health to provide the delivery of | ||||||
| 18 | timely newborn screening services in accordance with the | ||||||
| 19 | Newborn Metabolic Screening Act. | ||||||
| 20 | (17) Procurement expenditures necessary for the | ||||||
| 21 | Department of Agriculture, the Department of Financial and | ||||||
| 22 | Professional Regulation, the Department of Human Services, | ||||||
| 23 | and the Department of Public Health to implement the | ||||||
| 24 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
| 25 | Alternative Pilot Program requirements and ensure access | ||||||
| 26 | to medical cannabis for patients with debilitating medical | ||||||
| |||||||
| |||||||
| 1 | conditions in accordance with the Compassionate Use of | ||||||
| 2 | Medical Cannabis Program Act. | ||||||
| 3 | (18) This Code does not apply to any procurements | ||||||
| 4 | necessary for the Department of Agriculture, the | ||||||
| 5 | Department of Financial and Professional Regulation, the | ||||||
| 6 | Department of Human Services, the Department of Commerce | ||||||
| 7 | and Economic Opportunity, and the Department of Public | ||||||
| 8 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
| 9 | the applicable agency has made a good faith determination | ||||||
| 10 | that it is necessary and appropriate for the expenditure to | ||||||
| 11 | fall within this exemption and if the process is conducted | ||||||
| 12 | in a manner substantially in accordance with the | ||||||
| 13 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
| 14 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
| 15 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
| 16 | Section 50-35, compliance applies only to contracts or | ||||||
| 17 | subcontracts over $100,000. Notice of each contract | ||||||
| 18 | entered into under this paragraph (18) that is related to | ||||||
| 19 | the procurement of goods and services identified in | ||||||
| 20 | paragraph (1) through (9) of this subsection shall be | ||||||
| 21 | published in the Procurement Bulletin within 14 calendar | ||||||
| 22 | days after contract execution. The Chief Procurement | ||||||
| 23 | Officer shall prescribe the form and content of the notice. | ||||||
| 24 | Each agency shall provide the Chief Procurement Officer, on | ||||||
| 25 | a monthly basis, in the form and content prescribed by the | ||||||
| 26 | Chief Procurement Officer, a report of contracts that are | ||||||
| |||||||
| |||||||
| 1 | related to the procurement of goods and services identified | ||||||
| 2 | in this subsection. At a minimum, this report shall include | ||||||
| 3 | the name of the contractor, a description of the supply or | ||||||
| 4 | service provided, the total amount of the contract, the | ||||||
| 5 | term of the contract, and the exception to this Code | ||||||
| 6 | utilized. A copy of any or all of these contracts shall be | ||||||
| 7 | made available to the Chief Procurement Officer | ||||||
| 8 | immediately upon request. The Chief Procurement Officer | ||||||
| 9 | shall submit a report to the Governor and General Assembly | ||||||
| 10 | no later than November 1 of each year that includes, at a | ||||||
| 11 | minimum, an annual summary of the monthly information | ||||||
| 12 | reported to the Chief Procurement Officer. This exemption | ||||||
| 13 | becomes inoperative 5 years after June 25, 2019 (the | ||||||
| 14 | effective date of Public Act 101-27) this amendatory Act of | ||||||
| 15 | the 101st General Assembly. | ||||||
| 16 | Notwithstanding any other provision of law, for contracts | ||||||
| 17 | entered into on or after October 1, 2017 under an exemption | ||||||
| 18 | provided in any paragraph of this subsection (b), except | ||||||
| 19 | paragraph (1), (2), or (5), each State agency shall post to the | ||||||
| 20 | appropriate procurement bulletin the name of the contractor, a | ||||||
| 21 | description of the supply or service provided, the total amount | ||||||
| 22 | of the contract, the term of the contract, and the exception to | ||||||
| 23 | the Code utilized. The chief procurement officer shall submit a | ||||||
| 24 | report to the Governor and General Assembly no later than | ||||||
| 25 | November 1 of each year that shall include, at a minimum, an | ||||||
| 26 | annual summary of the monthly information reported to the chief | ||||||
| |||||||
| |||||||
| 1 | procurement officer. | ||||||
| 2 | (c) This Code does not apply to the electric power | ||||||
| 3 | procurement process provided for under Section 1-75 of the | ||||||
| 4 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
| 5 | Utilities Act. | ||||||
| 6 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
| 7 | and as expressly required by Section 9.1 of the Illinois | ||||||
| 8 | Lottery Law, the provisions of this Code do not apply to the | ||||||
| 9 | procurement process provided for under Section 9.1 of the | ||||||
| 10 | Illinois Lottery Law. | ||||||
| 11 | (e) This Code does not apply to the process used by the | ||||||
| 12 | Capital Development Board to retain a person or entity to | ||||||
| 13 | assist the Capital Development Board with its duties related to | ||||||
| 14 | the determination of costs of a clean coal SNG brownfield | ||||||
| 15 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
| 16 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
| 17 | the Public Utilities Act, including calculating the range of | ||||||
| 18 | capital costs, the range of operating and maintenance costs, or | ||||||
| 19 | the sequestration costs or monitoring the construction of clean | ||||||
| 20 | coal SNG brownfield facility for the full duration of | ||||||
| 21 | construction. | ||||||
| 22 | (f) (Blank). | ||||||
| 23 | (g) (Blank). | ||||||
| 24 | (h) This Code does not apply to the process to procure or | ||||||
| 25 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
| 26 | 11-5.3 of the Illinois Public Aid Code. | ||||||
| |||||||
| |||||||
| 1 | (i) Each chief procurement officer may access records | ||||||
| 2 | necessary to review whether a contract, purchase, or other | ||||||
| 3 | expenditure is or is not subject to the provisions of this | ||||||
| 4 | Code, unless such records would be subject to attorney-client | ||||||
| 5 | privilege. | ||||||
| 6 | (j) This Code does not apply to the process used by the | ||||||
| 7 | Capital Development Board to retain an artist or work or works | ||||||
| 8 | of art as required in Section 14 of the Capital Development | ||||||
| 9 | Board Act. | ||||||
| 10 | (k) This Code does not apply to the process to procure | ||||||
| 11 | contracts, or contracts entered into, by the State Board of | ||||||
| 12 | Elections or the State Electoral Board for hearing officers | ||||||
| 13 | appointed pursuant to the Election Code. | ||||||
| 14 | (l) This Code does not apply to the processes used by the | ||||||
| 15 | Illinois Student Assistance Commission to procure supplies and | ||||||
| 16 | services paid for from the private funds of the Illinois | ||||||
| 17 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
| 18 | funds" means funds derived from deposits paid into the Illinois | ||||||
| 19 | Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
| 20 | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | ||||||
| 21 | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | ||||||
| 22 | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | ||||||
| 23 | 9-17-19.)
| ||||||
| 24 | (30 ILCS 500/1-35) | ||||||
| 25 | (Section scheduled to be repealed on July 17, 2021) | ||||||
| |||||||
| |||||||
| 1 | Sec. 1-35. Application to Quincy Veterans' Home. This Code | ||||||
| 2 | does not apply to any procurements related to the renovation, | ||||||
| 3 | restoration, rehabilitation, or rebuilding of the Quincy | ||||||
| 4 | Veterans' Home under the Quincy Veterans' Home Rehabilitation | ||||||
| 5 | and Rebuilding Act, provided that the process shall be | ||||||
| 6 | conducted in a manner substantially in accordance with the | ||||||
| 7 | requirements of the following Sections of this the Illinois | ||||||
| 8 | Procurement Code: 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, | ||||||
| 9 | 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, | ||||||
| 10 | and 50-50; however, for Section 50-35, compliance shall apply | ||||||
| 11 | only to contracts or subcontracts over $100,000. | ||||||
| 12 | This Section is repealed 3 years after becoming law.
| ||||||
| 13 | (Source: P.A. 100-610, eff. 7-17-18; revised 4-25-19.)
| ||||||
| 14 | (30 ILCS 500/1-40) | ||||||
| 15 | Sec. 1-40 1-35. Application to James R. Thompson Center. In | ||||||
| 16 | accordance with Section 7.4 of the State Property Control Act, | ||||||
| 17 | this Code does not apply to any procurements related to the | ||||||
| 18 | sale of the James R. Thompson Center, provided that the process | ||||||
| 19 | shall be conducted in a manner substantially in accordance with | ||||||
| 20 | the requirements of the following Sections of this the Illinois | ||||||
| 21 | Procurement Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, | ||||||
| 22 | 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The | ||||||
| 23 | exemption contained in this Section does not apply to any | ||||||
| 24 | leases involving the James R. Thompson Center, including a | ||||||
| 25 | leaseback authorized under Section 7.4 of the State Property | ||||||
| |||||||
| |||||||
| 1 | Control Act.
| ||||||
| 2 | (Source: P.A. 100-1184, eff. 4-5-19; revised 4-25-19.)
| ||||||
| 3 | (30 ILCS 500/45-35)
| ||||||
| 4 | Sec. 45-35. Not-for-profit agencies for persons with | ||||||
| 5 | significant disabilities. | ||||||
| 6 | (a) Qualification. Supplies and services may be procured
| ||||||
| 7 | without advertising or calling
for bids from any qualified | ||||||
| 8 | not-for-profit agency for persons with significant | ||||||
| 9 | disabilities that:
| ||||||
| 10 | (1) complies with Illinois laws governing private
| ||||||
| 11 | not-for-profit organizations;
| ||||||
| 12 | (2) is certified as a work center by the Wage
and Hour | ||||||
| 13 | Division of the
United States Department of Labor or is an | ||||||
| 14 | accredited vocational program that provides transition | ||||||
| 15 | services to youth between the ages of 14 1/2 and 22 in | ||||||
| 16 | accordance with individualized education plans under | ||||||
| 17 | Section 14-8.03 of the School Code and that provides | ||||||
| 18 | residential services at a child care institution, as | ||||||
| 19 | defined under Section 2.06 of the Child Care Act of 1969, | ||||||
| 20 | or at a group home, as defined under Section 2.16 of the | ||||||
| 21 | Child Care Act of 1969; and
| ||||||
| 22 | (3) is accredited by a nationally-recognized | ||||||
| 23 | accrediting organization or certified as a developmental | ||||||
| 24 | training provider by the Department of Human
Services.
| ||||||
| 25 | (b) Participation. To participate, the not-for-profit
| ||||||
| |||||||
| |||||||
| 1 | agency must have indicated an
interest in providing the | ||||||
| 2 | supplies and services, must meet the
specifications and needs | ||||||
| 3 | of the
using agency, and must set a fair and reasonable price.
| ||||||
| 4 | (c) Committee. There is created within the Department of
| ||||||
| 5 | Central Management
Services a committee to facilitate the | ||||||
| 6 | purchase of products and
services of persons with a significant | ||||||
| 7 | physical, developmental, or mental disability or a combination | ||||||
| 8 | of any of those disabilities who cannot
engage in normal | ||||||
| 9 | competitive
employment due to the significant disability or | ||||||
| 10 | combination of those disabilities. This committee is called the | ||||||
| 11 | State Use Committee. The State Use Committee shall consist of | ||||||
| 12 | the Director of the
Department of Central
Management Services | ||||||
| 13 | or his or her designee, the Secretary Director of the | ||||||
| 14 | Department
of Human Services or his or her designee, one public | ||||||
| 15 | member representing private business who is knowledgeable of | ||||||
| 16 | the employment needs and concerns of persons with developmental | ||||||
| 17 | disabilities, one public member representing private business | ||||||
| 18 | who is knowledgeable of the needs and concerns of | ||||||
| 19 | rehabilitation facilities, one public member who is | ||||||
| 20 | knowledgeable of the employment needs and concerns of persons | ||||||
| 21 | with developmental disabilities, one public member who is | ||||||
| 22 | knowledgeable of the needs and concerns of rehabilitation | ||||||
| 23 | facilities, and 2 public members from a statewide association | ||||||
| 24 | that represents community-based rehabilitation facilities, all | ||||||
| 25 | appointed by the
Governor. The public
members shall serve 2 | ||||||
| 26 | year terms, commencing upon appointment and
every 2 years | ||||||
| |||||||
| |||||||
| 1 | thereafter.
A public member may be reappointed, and vacancies | ||||||
| 2 | shall be filled by
appointment for the
completion of the term. | ||||||
| 3 | In the event there is a vacancy on the State Use Committee, the | ||||||
| 4 | Governor must make an appointment to fill that vacancy within | ||||||
| 5 | 30 calendar days after the notice of vacancy. The members shall | ||||||
| 6 | serve without
compensation but shall be reimbursed
for expenses | ||||||
| 7 | at a rate equal to that of State employees on a per
diem basis | ||||||
| 8 | by the Department
of Central Management Services. All members | ||||||
| 9 | shall be entitled to
vote on issues before the
State Use | ||||||
| 10 | Committee.
| ||||||
| 11 | The State Use Committee shall have the following powers and | ||||||
| 12 | duties:
| ||||||
| 13 | (1) To request from any State agency information as to
| ||||||
| 14 | product specification
and service requirements in order to | ||||||
| 15 | carry out its purpose.
| ||||||
| 16 | (2) To meet quarterly or more often as necessary to
| ||||||
| 17 | carry out its purposes.
| ||||||
| 18 | (3) To request a quarterly report from each
| ||||||
| 19 | participating qualified not-for-profit agency for persons | ||||||
| 20 | with significant disabilities describing the volume of | ||||||
| 21 | sales for each product or
service sold under this Section.
| ||||||
| 22 | (4) To prepare a report for the Governor and General | ||||||
| 23 | Assembly no later than December 31 of each year. The | ||||||
| 24 | requirement for reporting to the General Assembly shall be | ||||||
| 25 | satisfied by following the procedures set forth in Section | ||||||
| 26 | 3.1 of the General Assembly Organization Act.
| ||||||
| |||||||
| |||||||
| 1 | (5) To prepare a publication that lists all supplies
| ||||||
| 2 | and services currently
available from any qualified | ||||||
| 3 | not-for-profit agency for persons with significant | ||||||
| 4 | disabilities. This list and
any revisions shall be | ||||||
| 5 | distributed to all purchasing agencies.
| ||||||
| 6 | (6) To encourage diversity in supplies and services
| ||||||
| 7 | provided by qualified not-for-profit agencies for persons | ||||||
| 8 | with significant disabilities and discourage unnecessary | ||||||
| 9 | duplication or
competition among not-for-profit agencies.
| ||||||
| 10 | (7) To develop guidelines to be followed by qualifying
| ||||||
| 11 | agencies for
participation under the provisions of this | ||||||
| 12 | Section. Guidelines shall include a list of national | ||||||
| 13 | accrediting organizations which satisfy the requirements | ||||||
| 14 | of item (3) of subsection (a) of this Section. The
| ||||||
| 15 | guidelines shall be developed within
6 months after the | ||||||
| 16 | effective date of this Code and made available
on a | ||||||
| 17 | nondiscriminatory basis
to all qualifying agencies. The | ||||||
| 18 | new guidelines required under this item (7) by Public Act | ||||||
| 19 | 100-203 this amendatory Act of the 100th General Assembly | ||||||
| 20 | shall be developed within 6 months after August 18, 2017 | ||||||
| 21 | (the effective date of Public Act 100-203) this amendatory | ||||||
| 22 | Act of the 100th General Assembly and made available on a | ||||||
| 23 | non-discriminatory basis to all qualifying not-for-profit | ||||||
| 24 | agencies.
| ||||||
| 25 | (8) To review all pricing submitted under the | ||||||
| 26 | provisions
of this Section and may approve a proposed | ||||||
| |||||||
| |||||||
| 1 | agreement for supplies or services where the price | ||||||
| 2 | submitted is fair and reasonable.
| ||||||
| 3 | (9) To, not less than every 3 years, adopt a strategic | ||||||
| 4 | plan for increasing the number of products and services | ||||||
| 5 | purchased from qualified not-for-profit agencies for | ||||||
| 6 | persons with significant disabilities, including the | ||||||
| 7 | feasibility of developing mandatory set-aside contracts. | ||||||
| 8 | (c-5) Conditions for Use. Each chief procurement officer | ||||||
| 9 | shall, in consultation with the State Use Committee, determine | ||||||
| 10 | which articles, materials, services, food stuffs, and supplies | ||||||
| 11 | that are produced, manufactured, or provided by persons with | ||||||
| 12 | significant disabilities in qualified not-for-profit agencies | ||||||
| 13 | shall be given preference by purchasing agencies procuring | ||||||
| 14 | those items. | ||||||
| 15 | (d) (Blank).
| ||||||
| 16 | (e) Subcontracts. Subcontracts shall be permitted for | ||||||
| 17 | agreements authorized under this Section. For the purposes of | ||||||
| 18 | this subsection (e), "subcontract" means any acquisition from | ||||||
| 19 | another source of supplies, not including raw materials, or | ||||||
| 20 | services required by a qualified not-for-profit agency to | ||||||
| 21 | provide the supplies or services that are the subject of the | ||||||
| 22 | contract between the State and the qualified not-for-profit | ||||||
| 23 | agency. | ||||||
| 24 | The State Use Committee shall develop guidelines to be | ||||||
| 25 | followed by qualified not-for-profit agencies when seeking and | ||||||
| 26 | establishing subcontracts with other persons or not-for-profit | ||||||
| |||||||
| |||||||
| 1 | agencies in order to fulfill State contract requirements. These | ||||||
| 2 | guidelines shall include the following: | ||||||
| 3 | (i) The State Use Committee must approve all | ||||||
| 4 | subcontracts and substantive amendments to subcontracts | ||||||
| 5 | prior to execution or amendment of the subcontract. | ||||||
| 6 | (ii) A qualified not-for-profit agency shall not enter | ||||||
| 7 | into a subcontract, or any combination of subcontracts, to | ||||||
| 8 | fulfill an entire requirement, contract, or order without | ||||||
| 9 | written State Use Committee approval. | ||||||
| 10 | (iii) A qualified not-for-profit agency shall make | ||||||
| 11 | reasonable efforts to utilize subcontracts with other | ||||||
| 12 | not-for-profit agencies for persons with significant | ||||||
| 13 | disabilities. | ||||||
| 14 | (iv) For any subcontract not currently performed by a | ||||||
| 15 | qualified not-for-profit agency, the primary qualified | ||||||
| 16 | not-for-profit agency must provide to the State Use | ||||||
| 17 | Committee the following: (A) a written explanation as to | ||||||
| 18 | why the subcontract is not performed by a qualified | ||||||
| 19 | not-for-profit agency, and (B) a written plan to transfer | ||||||
| 20 | the subcontract to a qualified not-for-profit agency, as | ||||||
| 21 | reasonable. | ||||||
| 22 | (Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)
| ||||||
| 23 | Section 165. The Public-Private Partnership for Civic and | ||||||
| 24 | Transit Infrastructure Project Act is amended by changing the | ||||||
| 25 | heading of Article 25 and Sections 25-10, 25-20, 25-40, 25-45, | ||||||
| |||||||
| |||||||
| 1 | 25-50, and 25-55 as follows:
| ||||||
| 2 | (30 ILCS 558/Art. 25 heading) | ||||||
| 3 | Article 25. Public-Private Private-Public Partnership
| ||||||
| 4 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
| 5 | (30 ILCS 558/25-10)
| ||||||
| 6 | Sec. 25-10. Definitions. As used in this Act:
| ||||||
| 7 | "Civic and Transit Infrastructure Project" or "civic | ||||||
| 8 | build" or "Project" means civic infrastructure, whether | ||||||
| 9 | publicly or privately owned, located in the City of Chicago, | ||||||
| 10 | generally within the boundaries of East 14th Street; extending | ||||||
| 11 | east to Lake Shore Drive; south to McCormick Place's North | ||||||
| 12 | Building; west to the outer boundary of the McCormick Place | ||||||
| 13 | busway and, where it extends farther west, the St. Charles | ||||||
| 14 | Airline; northwest to South Indiana Avenue; north to East 15th | ||||||
| 15 | Place; east to the McCormick Place busway; and north to East | ||||||
| 16 | 14th Street, in total comprising approximately 34 acres, | ||||||
| 17 | including, without limitation: (1) streets, roadways, | ||||||
| 18 | pedestrian ways, commuter linkages and circulator transit | ||||||
| 19 | systems, bridges, tunnels, overpasses, bus ways, and guideways | ||||||
| 20 | connected to or adjacent to the Project; (2) utilities systems | ||||||
| 21 | and related facilities, utility relocations and replacements, | ||||||
| 22 | utility-line extensions, network and communication systems, | ||||||
| 23 | streetscape improvements, drainage systems, sewer and water | ||||||
| 24 | systems, subgrade structures and associated improvements; (3) | ||||||
| |||||||
| |||||||
| 1 | landscaping, facade construction and restoration, wayfinding, | ||||||
| 2 | and signage; (4) public transportation and transit facilities | ||||||
| 3 | and related infrastructure, vehicle parking facilities, and | ||||||
| 4 | other facilities that encourage intermodal transportation and | ||||||
| 5 | public transit connected to or adjacent to the Project; (5) | ||||||
| 6 | railroad infrastructure, stations, maintenance and storage | ||||||
| 7 | facilities; (6) parks, plazas, atriums, civic and cultural | ||||||
| 8 | facilities, community and recreational facilities, facilities | ||||||
| 9 | to promote tourism and hospitality, educational facilities, | ||||||
| 10 | conferencing and conventions, broadcast and related multimedia | ||||||
| 11 | infrastructure, destination and community retail, dining and | ||||||
| 12 | entertainment facilities; and (7) other facilities with the | ||||||
| 13 | primary purpose of attracting and fostering economic | ||||||
| 14 | development within the area of the Civic and Transit | ||||||
| 15 | Infrastructure Project by generating additional tax base, all | ||||||
| 16 | as agreed upon in a public-private public private agreement. | ||||||
| 17 | "Civic build" includes any improvements or substantial | ||||||
| 18 | enhancements or modifications to civic infrastructure located | ||||||
| 19 | on or connected or adjacent to the Civic and Transit | ||||||
| 20 | Infrastructure Project. "Civic Build" does not include | ||||||
| 21 | commercial office, residential, or hotel facilities, or any | ||||||
| 22 | retail, dining, and entertainment included within such | ||||||
| 23 | facilities as part of a private build, constructed on or | ||||||
| 24 | adjacent to the civic build.
| ||||||
| 25 | "Civic build cost" means all costs of the civic build, as | ||||||
| 26 | specified in the public-private agreement, and includes, | ||||||
| |||||||
| |||||||
| 1 | without limitation, the cost of the following activities as | ||||||
| 2 | part of the Civic and Transit Infrastructure Project: (1) | ||||||
| 3 | acquiring or leasing real property, including air rights, and | ||||||
| 4 | other assets associated with the Project; (2) demolishing, | ||||||
| 5 | repairing, or rehabilitating buildings; (3) remediating land | ||||||
| 6 | and buildings as required to prepare the property for | ||||||
| 7 | development; (4) installing, constructing, or reconstructing, | ||||||
| 8 | elements of civic infrastructure required to support the | ||||||
| 9 | overall Project, including, without limitation, streets, | ||||||
| 10 | roadways, pedestrian ways and commuter linkages, utilities | ||||||
| 11 | systems and related facilities, utility relocations and | ||||||
| 12 | replacements, network and communication systems, streetscape | ||||||
| 13 | improvements, drainage systems, sewer and water systems, | ||||||
| 14 | subgrade structures and associated improvements, landscaping, | ||||||
| 15 | facade construction and restoration, wayfinding and signage, | ||||||
| 16 | and other components of community infrastructure; (5) | ||||||
| 17 | acquiring, constructing or reconstructing, and equipping | ||||||
| 18 | transit stations, parking facilities, and other facilities | ||||||
| 19 | that encourage intermodal transportation and public transit; | ||||||
| 20 | (6) installing, constructing or reconstructing, and equipping | ||||||
| 21 | core elements of civic infrastructure to promote and encourage | ||||||
| 22 | economic development, including, without limitation, parks, | ||||||
| 23 | cultural facilities, community and recreational facilities, | ||||||
| 24 | facilities to promote tourism and hospitality, educational | ||||||
| 25 | facilities, conferencing and conventions, broadcast and | ||||||
| 26 | related multimedia infrastructure, destination and community | ||||||
| |||||||
| |||||||
| 1 | retail, dining and entertainment facilities, and other | ||||||
| 2 | facilities with the primary purpose of attracting and fostering | ||||||
| 3 | economic development within the area by generating a new tax | ||||||
| 4 | base; (7) providing related improvements, including, without | ||||||
| 5 | limitation, excavation, earth retention, soil stabilization | ||||||
| 6 | and correction, site improvements, and future capital | ||||||
| 7 | improvements and expenses; (8) planning, engineering, legal, | ||||||
| 8 | marketing, development, insurance, finance, and other related | ||||||
| 9 | professional services and costs associated with the civic | ||||||
| 10 | build; and (9) the commissioning or operational start-up of any | ||||||
| 11 | component of the civic build.
| ||||||
| 12 | "Develop" or "development" means to do one or more of the | ||||||
| 13 | following: plan, design, develop, lease, acquire, install, | ||||||
| 14 | construct, reconstruct, repair, rehabilitate, replace, or | ||||||
| 15 | extend the Civic and Transit Infrastructure Project as provided | ||||||
| 16 | under this Act.
| ||||||
| 17 | "Maintain" or "maintenance" includes ordinary maintenance, | ||||||
| 18 | repair, rehabilitation, capital maintenance, maintenance | ||||||
| 19 | replacement, and other categories of maintenance that may be | ||||||
| 20 | designated by the public-private agreement for the Civic and | ||||||
| 21 | Transit Infrastructure Project as provided under this Act.
| ||||||
| 22 | "Operate" or "operation" means to do one or more of the | ||||||
| 23 | following: maintain, improve, equip, modify, or otherwise | ||||||
| 24 | operate the Civic and Transit Infrastructure Project as | ||||||
| 25 | provided under this Act.
| ||||||
| 26 | "Private build" means all commercial, industrial or | ||||||
| |||||||
| |||||||
| 1 | residential facilities, or property that is not included in the | ||||||
| 2 | definition of civic build. The private build may include | ||||||
| 3 | commercial office, residential, educational, health and | ||||||
| 4 | wellness, or hotel facilities constructed on or adjacent to the | ||||||
| 5 | civic build, and retail, dining, and entertainment facilities | ||||||
| 6 | that are not included as part of the civic build under the | ||||||
| 7 | public-private agreement.
| ||||||
| 8 | "Private entity" means any private entity associated with | ||||||
| 9 | the Civic and Transit Infrastructure Project at the time of | ||||||
| 10 | execution and delivery of a public-private agreement, and its | ||||||
| 11 | successors or assigns. The private entity may enter into a | ||||||
| 12 | public-private agreement with the public agency on behalf of | ||||||
| 13 | the State for the development, financing, construction, | ||||||
| 14 | operational, or management of the Civic and Transit | ||||||
| 15 | Infrastructure Project under this Act.
| ||||||
| 16 | "Public agency" means the Governor's Office of Management | ||||||
| 17 | and Budget.
| ||||||
| 18 | "Public-private Public private agreement" or "agreement" | ||||||
| 19 | means one or more agreements or contracts entered into between | ||||||
| 20 | the public agency on behalf of the State and private entity, | ||||||
| 21 | and all schedules, exhibits, and attachments thereto, entered | ||||||
| 22 | into under this Act for the development, financing, | ||||||
| 23 | construction, operation, or management of the Civic and Transit | ||||||
| 24 | Infrastructure Project, whereby the private entity will | ||||||
| 25 | develop, finance, construct, own, operate, and manage the | ||||||
| 26 | Project for a definite term in return for the right to receive | ||||||
| |||||||
| |||||||
| 1 | the revenues generated from the Project and other required | ||||||
| 2 | payments from the State, including, but not limited to, a | ||||||
| 3 | portion of the State sales taxes, as provided under this Act.
| ||||||
| 4 | "Revenues" means all revenues, including, but not limited | ||||||
| 5 | to, income user fees; ticket fees; earnings, interest, lease | ||||||
| 6 | payments, allocations, moneys from the federal government, | ||||||
| 7 | grants, loans, lines of credit, credit guarantees, bond | ||||||
| 8 | proceeds, equity investments, service payments, or other | ||||||
| 9 | receipts arising out of or in connection with the financing, | ||||||
| 10 | development, construction, operation, and management of the | ||||||
| 11 | Project under this Act. "Revenues" does not include the State | ||||||
| 12 | payments to the Civic and Transit Infrastructure Fund as | ||||||
| 13 | required under this Act.
| ||||||
| 14 | "State" means the State of Illinois.
| ||||||
| 15 | "User fees" means the tolls, rates, fees, or other charges | ||||||
| 16 | imposed by the State or private entity for use of all or part | ||||||
| 17 | of the civic build.
| ||||||
| 18 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
| 19 | (30 ILCS 558/25-20)
| ||||||
| 20 | Sec. 25-20. Provisions of the public-private agreement. | ||||||
| 21 | The public-private agreement shall include at a minimum all of | ||||||
| 22 | the following provisions:
| ||||||
| 23 | (1) the term of the public-private public private | ||||||
| 24 | agreement;
| ||||||
| 25 | (2) a detailed description of the civic build, | ||||||
| |||||||
| |||||||
| 1 | including the retail, dining, and entertainment components | ||||||
| 2 | of the civic build and a general description of the | ||||||
| 3 | anticipated future private build;
| ||||||
| 4 | (3) the powers, duties, responsibilities, obligations, | ||||||
| 5 | and functions of the public agency and private entity;
| ||||||
| 6 | (4) compensation or payments, including any | ||||||
| 7 | reimbursement for work performed and goods or services | ||||||
| 8 | provided, if any, owed to the public agency as the | ||||||
| 9 | administrator of the public-private agreement on behalf of | ||||||
| 10 | the State, as specified in the public-private agreement;
| ||||||
| 11 | (5) compensation or payments to the private entity for | ||||||
| 12 | civic build costs, plus any required debt service payments | ||||||
| 13 | for the civic build, debt service reserves or sinking | ||||||
| 14 | funds, financing costs, payments for operation and | ||||||
| 15 | management of the civic build, payments representing the | ||||||
| 16 | reasonable return on the private equity investment in the | ||||||
| 17 | civic build, and payments in respect of the public use of | ||||||
| 18 | private land, air rights, or other real property interests | ||||||
| 19 | for the civic build;
| ||||||
| 20 | (6) a provision granting the private entity with the | ||||||
| 21 | express authority to structure, negotiate, and execute | ||||||
| 22 | contracts and subcontracts with third parties to enable the | ||||||
| 23 | private entity to carry out its duties, responsibilities | ||||||
| 24 | and obligations under this Act relating to the development, | ||||||
| 25 | financing, construction, management, and operation of the | ||||||
| 26 | civic build;
| ||||||
| |||||||
| |||||||
| 1 | (7) a provision imposing an affirmative duty on the | ||||||
| 2 | private entity to provide the public agency with any | ||||||
| 3 | information the private entity reasonably believes the | ||||||
| 4 | public agency would need related to the civic build to | ||||||
| 5 | enable the public agency to exercise its powers, carry out | ||||||
| 6 | its duties, responsibilities, and obligations, and perform | ||||||
| 7 | its functions under this Act or the public-private | ||||||
| 8 | agreement;
| ||||||
| 9 | (8) a provision requiring the private entity to provide | ||||||
| 10 | the public agency with advance notice of any decision that | ||||||
| 11 | has a material adverse impact on the public interest | ||||||
| 12 | related to the civic build so that the public agency has a | ||||||
| 13 | reasonable opportunity to evaluate that decision;
| ||||||
| 14 | (9) a requirement that the public agency monitor and | ||||||
| 15 | oversee the civic build and take action that the public | ||||||
| 16 | agency considers appropriate to ensure that the private | ||||||
| 17 | entity is in compliance with the terms of the | ||||||
| 18 | public-private public private agreement;
| ||||||
| 19 | (10) the authority to impose user fees and the amounts | ||||||
| 20 | of those fees, if applicable, related to the civic build | ||||||
| 21 | subject to agreement with the private entity;
| ||||||
| 22 | (11) a provision stating that the private entity shall | ||||||
| 23 | have the right to all revenues generated from the civic | ||||||
| 24 | build until such time that the State takes ownership over | ||||||
| 25 | the civic build, at which point the State shall have the | ||||||
| 26 | right to all revenues generated from the civic build, | ||||||
| |||||||
| |||||||
| 1 | except as set forth in Section 25-45 45;
| ||||||
| 2 | (12) a provision governing the rights to real and | ||||||
| 3 | personal property of the State, the public agency, the | ||||||
| 4 | private entity, and other third parties, if applicable, | ||||||
| 5 | relating to the civic build, including, but not limited to, | ||||||
| 6 | a provision relating to the State's ability to exercise an | ||||||
| 7 | option to purchase the civic build at varying milestones of | ||||||
| 8 | the Project agreed to amongst the parties in the | ||||||
| 9 | public-private public private agreement and consistent | ||||||
| 10 | with Section 25-45 45 of this Act;
| ||||||
| 11 | (13) a provision regarding the implementation and | ||||||
| 12 | delivery of certain progress reports related to cost, | ||||||
| 13 | timelines, deadlines, and scheduling of the civic build;
| ||||||
| 14 | (14) procedural requirements for obtaining the prior | ||||||
| 15 | approval of the public agency when rights that are the | ||||||
| 16 | subject of the public-private agreement relating to the | ||||||
| 17 | civic build, including, but not limited to, development | ||||||
| 18 | rights, construction rights, property rights, and rights | ||||||
| 19 | to certain revenues, are sold, assigned, transferred, or | ||||||
| 20 | pledged as collateral to secure financing or for any other | ||||||
| 21 | reason;
| ||||||
| 22 | (15) grounds for termination of the public-private | ||||||
| 23 | agreement by the public agency and the private entity;
| ||||||
| 24 | (16) review of plans, including development, | ||||||
| 25 | construction, management, or operations plans by the | ||||||
| 26 | public agency related to the civic build;
| ||||||
| |||||||
| |||||||
| 1 | (17) inspections by the public agency, including | ||||||
| 2 | inspections of construction work and improvements, related | ||||||
| 3 | to the civic build;
| ||||||
| 4 | (18) rights and remedies of the public agency in the | ||||||
| 5 | event that the private entity defaults or otherwise fails | ||||||
| 6 | to comply with the terms of the public-private agreement | ||||||
| 7 | and the rights and remedies of the private entity in the | ||||||
| 8 | event that the public agency defaults or otherwise fails to | ||||||
| 9 | comply with the terms of the public-private agreement;
| ||||||
| 10 | (19) a code of ethics for the private entity's officers | ||||||
| 11 | and employees;
| ||||||
| 12 | (20) maintenance of public liability insurance or | ||||||
| 13 | other insurance requirements related to the civic build;
| ||||||
| 14 | (21) provisions governing grants and loans, including | ||||||
| 15 | those received, or anticipated to be received, from the | ||||||
| 16 | federal government or any agency or instrumentality of the | ||||||
| 17 | federal government or from any State or local agency;
| ||||||
| 18 | (22) the private entity's targeted business and | ||||||
| 19 | workforce participation program to meet the State's | ||||||
| 20 | utilization goals for business enterprises and workforce | ||||||
| 21 | involving minorities, women, persons with disabilities, | ||||||
| 22 | and veterans;
| ||||||
| 23 | (23) a provision regarding the rights of the public | ||||||
| 24 | agency and the State following completion of the civic | ||||||
| 25 | build and transfer to the State consistent with Section | ||||||
| 26 | 25-45 45 of this Act;
| ||||||
| |||||||
| |||||||
| 1 | (24) a provision detailing the Project's projected | ||||||
| 2 | long-range economic impacts, including projections of new | ||||||
| 3 | spending, construction jobs, and permanent, full-time | ||||||
| 4 | equivalent jobs;
| ||||||
| 5 | (25) a provision detailing the Project's projected | ||||||
| 6 | support for regional and statewide transit impacts, | ||||||
| 7 | transportation mode shifts, and increased transit | ||||||
| 8 | ridership;
| ||||||
| 9 | (26) a provision detailing the Project's projected | ||||||
| 10 | impact on increased convention and events visitation;
| ||||||
| 11 | (27) procedures for amendment to the public-private | ||||||
| 12 | agreement; | ||||||
| 13 | (28) a provision detailing the processes and | ||||||
| 14 | procedures that will be followed for contracts and | ||||||
| 15 | purchases for the civic build; and | ||||||
| 16 | (29) all other terms, conditions, and provisions | ||||||
| 17 | acceptable to the public agency that the public agency | ||||||
| 18 | deems necessary and proper and in the best interest of the | ||||||
| 19 | State and the public.
| ||||||
| 20 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
| ||||||
| 21 | (30 ILCS 558/25-40)
| ||||||
| 22 | Sec. 25-40. Financial arrangements.
| ||||||
| 23 | (a) The public agency may apply for, execute, or endorse | ||||||
| 24 | applications submitted by the private entity to obtain federal, | ||||||
| 25 | State, or local credit assistance to develop, maintain, or | ||||||
| |||||||
| |||||||
| 1 | operate the Project.
| ||||||
| 2 | (b) The private entity may take any action to obtain | ||||||
| 3 | federal, State, or local assistance for the civic build that | ||||||
| 4 | serves the public purpose of this Act and may enter into any | ||||||
| 5 | contracts required to receive the assistance. The public agency | ||||||
| 6 | shall take all reasonable steps to support action by the | ||||||
| 7 | private entity to obtain federal, State, or local assistance | ||||||
| 8 | for the civic build. The assistance may include, but not be | ||||||
| 9 | limited to, federal credit assistance pursuant to Railroad | ||||||
| 10 | Rehabilitation and Improvement Financing and the | ||||||
| 11 | Transportation Infrastructure Finance and Innovation Act. In | ||||||
| 12 | the event the private entity obtains federal, State, or local | ||||||
| 13 | assistance for the civic build that serves the public purpose | ||||||
| 14 | of this Act, the financial assistance shall reduce the State's | ||||||
| 15 | required payments under this Act on terms as mutually agreed to | ||||||
| 16 | by the parties in the public-private agreement.
| ||||||
| 17 | (c) Any financing of the civic build costs may be in the | ||||||
| 18 | amounts and subject to the terms and conditions contained in | ||||||
| 19 | the public-private agreement.
| ||||||
| 20 | (d) For the purpose of financing or refinancing the civic | ||||||
| 21 | build costs, the private entity and the public agency may do | ||||||
| 22 | the following: (1) enter into grant agreements; (2) accept | ||||||
| 23 | grants from any public or private agency or entity; (3) receive | ||||||
| 24 | the required payments from the State under this Act; and (4) | ||||||
| 25 | receive any other payments or monies permitted under this Act | ||||||
| 26 | or agreed to by the parties in the public-private agreement.
| ||||||
| |||||||
| |||||||
| 1 | (e) For the purpose of financing or refinancing the civic | ||||||
| 2 | build, public funds may be used and mixed and aggregated with | ||||||
| 3 | private funds provided by or on behalf of the private entity or | ||||||
| 4 | other private entities. However, that the required payments | ||||||
| 5 | from the State under Sections 25-50 50 and 25-55 55 of this Act | ||||||
| 6 | shall be solely used for civic build costs, plus debt service | ||||||
| 7 | requirements of the civic build, debt service reserves or | ||||||
| 8 | sinking funds, financing costs, payments for operation and | ||||||
| 9 | management of the civic build, payments representing the | ||||||
| 10 | reasonable return on the private equity investment in the civic | ||||||
| 11 | build, and payments in respect of the public use of private | ||||||
| 12 | land, air rights, or other real property interests for the | ||||||
| 13 | civic build, if applicable.
| ||||||
| 14 | (f) The public agency is authorized to facilitate conduit | ||||||
| 15 | tax-exempt or taxable debt financing, if agreed to between the | ||||||
| 16 | public agency and the private entity.
| ||||||
| 17 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
| 18 | (30 ILCS 558/25-45)
| ||||||
| 19 | Sec. 25-45. Term of agreement; transfer of the civic build | ||||||
| 20 | to the State. Following the completion of the Project and the | ||||||
| 21 | termination of the public-private agreement, the private | ||||||
| 22 | entity's authority and duties under the public-private | ||||||
| 23 | agreement shall cease, except for those duties and obligations | ||||||
| 24 | that extend beyond the termination, as set forth in the | ||||||
| 25 | public-private public private agreement, which may include | ||||||
| |||||||
| |||||||
| 1 | ongoing management and operations of the civic build, and all | ||||||
| 2 | interests and ownership in the civic build shall transfer to | ||||||
| 3 | the State; provided that the State has made all required | ||||||
| 4 | payments to the private entity as required under this Act and | ||||||
| 5 | the public-private agreement. The State may also exercise an | ||||||
| 6 | option to not accept its interest and ownership in the civic | ||||||
| 7 | build. In the event the State exercises its option to not | ||||||
| 8 | accept its interest and ownership in the civic build, the | ||||||
| 9 | private entity shall maintain its interest and ownership in the | ||||||
| 10 | civic build and shall have the authority to maintain, further | ||||||
| 11 | develop, encumber, or sell the civic build consistent with its | ||||||
| 12 | authority as the owner of the civic build. In the event the | ||||||
| 13 | State exercises its option to have its interest and ownership | ||||||
| 14 | in the civic build after all required payments have been made | ||||||
| 15 | to the private entity consistent with the public-private | ||||||
| 16 | agreement and this Act, the private entity shall have the | ||||||
| 17 | authority to enter into an operating agreement with the public | ||||||
| 18 | agency, on such terms that are reasonable and customary for | ||||||
| 19 | operating agreements, to operate and manage the civic build for | ||||||
| 20 | an annual operator fee and payment from the State representing | ||||||
| 21 | a portion of the net operating income of the civic build as | ||||||
| 22 | further defined and described in the public-private public | ||||||
| 23 | private agreement between the private entity and the public | ||||||
| 24 | agency.
| ||||||
| 25 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 558/25-50)
| ||||||
| 2 | Sec. 25-50. Payment to the private entity. | ||||||
| 3 | (a) Notwithstanding anything in the public-private public | ||||||
| 4 | private agreement to the contrary: (1) the civic build cost | ||||||
| 5 | shall not exceed a total of $3,800,000,000; and (2) no State | ||||||
| 6 | equity payment shall be made prior to State fiscal year 2024 or | ||||||
| 7 | prior to completion of the civic build. | ||||||
| 8 | (b) The public agency shall be required to take all steps | ||||||
| 9 | necessary to facilitate the required payments to the Civic and | ||||||
| 10 | Transit Infrastructure Fund as set forth in Section 3 of the | ||||||
| 11 | Retailers' Occupation Tax and Section 8.25g of the State | ||||||
| 12 | Finance Act.
| ||||||
| 13 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
| 14 | (30 ILCS 558/25-55)
| ||||||
| 15 | Sec. 25-55. The Civic and Transit Infrastructure Fund. The | ||||||
| 16 | Civic and Transit Infrastructure Fund is created as a special | ||||||
| 17 | fund in the State Treasury. All moneys transferred to the Civic | ||||||
| 18 | and Transit Infrastructure Fund pursuant to Section 8.25g of | ||||||
| 19 | the State Finance Act, Section 3 of the Retailers' Occupation | ||||||
| 20 | Act, and this Act shall be used only for the purposes | ||||||
| 21 | authorized by and subject to the limitations and conditions of | ||||||
| 22 | this Act and the public-private public private agreement | ||||||
| 23 | entered into by private entity and the public agency on behalf | ||||||
| 24 | of the State. All payments required under such Acts shall be | ||||||
| 25 | direct, limited obligations of the State of Illinois payable | ||||||
| |||||||
| |||||||
| 1 | solely from and secured by an irrevocable, first priority | ||||||
| 2 | pledge of and lien on moneys on deposit in the Civic and | ||||||
| 3 | Transit Infrastructure Fund. The State of Illinois hereby | ||||||
| 4 | pledges the applicable sales tax revenues consistent with the | ||||||
| 5 | State Finance Act and this Act for the time period provided in | ||||||
| 6 | the public-private public private agreement between the | ||||||
| 7 | private entity and the Authority, on behalf of the State. | ||||||
| 8 | Moneys in the Civic and Transit Infrastructure Fund shall be | ||||||
| 9 | utilized by the public agency on behalf of the State to pay the | ||||||
| 10 | private entity for the development, financing, construction, | ||||||
| 11 | operation and management of the civic and transit | ||||||
| 12 | infrastructure project consistent with this Act and the | ||||||
| 13 | public-private public private agreement. Investment income, if | ||||||
| 14 | any, which is attributable to the investment of moneys in the | ||||||
| 15 | Civic and Transit Infrastructure Fund shall be retained in the | ||||||
| 16 | Fund for any required payment to the private entity under this | ||||||
| 17 | Act and the public-private public private agreement.
| ||||||
| 18 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
| ||||||
| 19 | Section 170. The State Property Control Act is amended by | ||||||
| 20 | setting forth,
renumbering, and changing multiple versions of | ||||||
| 21 | Section 7.7 as follows:
| ||||||
| 22 | (30 ILCS 605/7.7) | ||||||
| 23 | Sec. 7.7. Michael A. Bilandic Building. | ||||||
| 24 | (a) On or prior to the disposition of the James R. Thompson | ||||||
| |||||||
| |||||||
| 1 | Center the existing executive offices of the Governor, | ||||||
| 2 | Lieutenant Governor, Secretary of State, Comptroller, and | ||||||
| 3 | Treasurer shall be relocated in the Michael A. Bilandic | ||||||
| 4 | Building located at 160 North LaSalle Street, Chicago, | ||||||
| 5 | Illinois. An officer shall occupy the designated space on the | ||||||
| 6 | same terms and conditions applicable on April 5, 2019 (the | ||||||
| 7 | effective date of Public Act 100-1184) this amendatory Act of | ||||||
| 8 | the 100th General Assembly. An executive officer may choose to | ||||||
| 9 | locate in alternative offices within the City of Chicago. | ||||||
| 10 | (b) The four caucuses of the General Assembly shall be | ||||||
| 11 | given space within the Michael A. Bilandic Building. Any caucus | ||||||
| 12 | located in the building on or prior to April 5, 2019 (the | ||||||
| 13 | effective date of Public Act 100-1184) this amendatory Act of | ||||||
| 14 | the 100th General Assembly shall continue to occupy their | ||||||
| 15 | designated space on the same terms and conditions applicable on | ||||||
| 16 | April 5, 2019 (the effective date of Public Act 100-1184) this | ||||||
| 17 | amendatory Act of the 100th General Assembly.
| ||||||
| 18 | (Source: P.A. 100-1184, eff. 4-5-19; revised 9-24-19.)
| ||||||
| 19 | (30 ILCS 605/7.8) | ||||||
| 20 | Sec. 7.8 7.7. Public university surplus real estate. | ||||||
| 21 | (a) Notwithstanding any other provision of this Act or any | ||||||
| 22 | other law to the contrary, the Board of Trustees of any public | ||||||
| 23 | institution of higher education in this State, as defined in | ||||||
| 24 | subsection (d), is authorized to dispose of surplus real estate | ||||||
| 25 | of that public institution of higher education as provided | ||||||
| |||||||
| |||||||
| 1 | under subsection (b). | ||||||
| 2 | (b) The Board of Trustees of any public institution of | ||||||
| 3 | higher education in this State may sell, lease, or otherwise | ||||||
| 4 | transfer and convey all or part of real estate deemed by the | ||||||
| 5 | Board to be surplus real estate, together with the improvements | ||||||
| 6 | situated thereon, to a bona fide purchaser for value and on | ||||||
| 7 | such terms as the Board shall determine are in the best | ||||||
| 8 | interests of that public institution of higher education and | ||||||
| 9 | consistent with that institution's objects and purposes. | ||||||
| 10 | (c) A Board of Trustees disposing of surplus real estate | ||||||
| 11 | may retain the proceeds from the sale, lease, or other transfer | ||||||
| 12 | of all or any part of the real estate deemed surplus real | ||||||
| 13 | estate under subsection (b), including the improvements | ||||||
| 14 | situated thereon, in a separate account in the treasury of the | ||||||
| 15 | public institution of higher education for the purpose of | ||||||
| 16 | deferred maintenance and emergency repair of institution | ||||||
| 17 | property. The Auditor General shall examine the separate | ||||||
| 18 | account to ensure the use or deposit of the proceeds authorized | ||||||
| 19 | under this subsection (c) in a manner consistent with the | ||||||
| 20 | stated purpose. | ||||||
| 21 | (d) For the purposes of this Section, "public institution | ||||||
| 22 | of higher education" or "institution" means the University of | ||||||
| 23 | Illinois; Southern Illinois University; Chicago State | ||||||
| 24 | University; Eastern Illinois University; Governors State | ||||||
| 25 | University; Illinois State University; Northeastern Illinois | ||||||
| 26 | University; Northern Illinois University; Western Illinois | ||||||
| |||||||
| |||||||
| 1 | University; and any other public universities, now or hereafter | ||||||
| 2 | established or authorized by the General Assembly.
| ||||||
| 3 | (Source: P.A. 101-213, eff. 8-7-19; revised 9-24-19.)
| ||||||
| 4 | Section 175. The Park and Recreational Facility | ||||||
| 5 | Construction Act of 2009 is amended by changing Section 10-1 as | ||||||
| 6 | follows:
| ||||||
| 7 | (30 ILCS 764/10-1)
| ||||||
| 8 | Sec. 10-1. Short title. This Article Act may be cited as | ||||||
| 9 | the Park and Recreational Facility Construction Act of 2009. | ||||||
| 10 | References in this Article to "this Act" mean this Article.
| ||||||
| 11 | (Source: P.A. 96-820, eff. 11-18-09; revised 7-18-19.)
| ||||||
| 12 | Section 180. The Illinois Income Tax Act is amended by | ||||||
| 13 | changing Sections 201, 201.1, 203, 304, 701, and 901 and by | ||||||
| 14 | setting forth and
renumbering multiple versions of Section 229 | ||||||
| 15 | as follows:
| ||||||
| 16 | (35 ILCS 5/201)
| ||||||
| 17 | (Text of Section before amendment by P.A. 101-8) | ||||||
| 18 | Sec. 201. Tax imposed. | ||||||
| 19 | (a) In general. A tax measured by net income is hereby | ||||||
| 20 | imposed on every
individual, corporation, trust and estate for | ||||||
| 21 | each taxable year ending
after July 31, 1969 on the privilege | ||||||
| 22 | of earning or receiving income in or
as a resident of this | ||||||
| |||||||
| |||||||
| 1 | State. Such tax shall be in addition to all other
occupation or | ||||||
| 2 | privilege taxes imposed by this State or by any municipal
| ||||||
| 3 | corporation or political subdivision thereof. | ||||||
| 4 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
| 5 | Section shall be
determined as follows, except as adjusted by | ||||||
| 6 | subsection (d-1): | ||||||
| 7 | (1) In the case of an individual, trust or estate, for | ||||||
| 8 | taxable years
ending prior to July 1, 1989, an amount equal | ||||||
| 9 | to 2 1/2% of the taxpayer's
net income for the taxable | ||||||
| 10 | year. | ||||||
| 11 | (2) In the case of an individual, trust or estate, for | ||||||
| 12 | taxable years
beginning prior to July 1, 1989 and ending | ||||||
| 13 | after June 30, 1989, an amount
equal to the sum of (i) 2 | ||||||
| 14 | 1/2% of the taxpayer's net income for the period
prior to | ||||||
| 15 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
| 16 | 3% of the
taxpayer's net income for the period after June | ||||||
| 17 | 30, 1989, as calculated
under Section 202.3. | ||||||
| 18 | (3) In the case of an individual, trust or estate, for | ||||||
| 19 | taxable years
beginning after June 30, 1989, and ending | ||||||
| 20 | prior to January 1, 2011, an amount equal to 3% of the | ||||||
| 21 | taxpayer's net
income for the taxable year. | ||||||
| 22 | (4) In the case of an individual, trust, or estate, for | ||||||
| 23 | taxable years beginning prior to January 1, 2011, and | ||||||
| 24 | ending after December 31, 2010, an amount equal to the sum | ||||||
| 25 | of (i) 3% of the taxpayer's net income for the period prior | ||||||
| 26 | to January 1, 2011, as calculated under Section 202.5, and | ||||||
| |||||||
| |||||||
| 1 | (ii) 5% of the taxpayer's net income for the period after | ||||||
| 2 | December 31, 2010, as calculated under Section 202.5. | ||||||
| 3 | (5) In the case of an individual, trust, or estate, for | ||||||
| 4 | taxable years beginning on or after January 1, 2011, and | ||||||
| 5 | ending prior to January 1, 2015, an amount equal to 5% of | ||||||
| 6 | the taxpayer's net income for the taxable year. | ||||||
| 7 | (5.1) In the case of an individual, trust, or estate, | ||||||
| 8 | for taxable years beginning prior to January 1, 2015, and | ||||||
| 9 | ending after December 31, 2014, an amount equal to the sum | ||||||
| 10 | of (i) 5% of the taxpayer's net income for the period prior | ||||||
| 11 | to January 1, 2015, as calculated under Section 202.5, and | ||||||
| 12 | (ii) 3.75% of the taxpayer's net income for the period | ||||||
| 13 | after December 31, 2014, as calculated under Section 202.5. | ||||||
| 14 | (5.2) In the case of an individual, trust, or estate, | ||||||
| 15 | for taxable years beginning on or after January 1, 2015, | ||||||
| 16 | and ending prior to July 1, 2017, an amount equal to 3.75% | ||||||
| 17 | of the taxpayer's net income for the taxable year. | ||||||
| 18 | (5.3) In the case of an individual, trust, or estate, | ||||||
| 19 | for taxable years beginning prior to July 1, 2017, and | ||||||
| 20 | ending after June 30, 2017, an amount equal to the sum of | ||||||
| 21 | (i) 3.75% of the taxpayer's net income for the period prior | ||||||
| 22 | to July 1, 2017, as calculated under Section 202.5, and | ||||||
| 23 | (ii) 4.95% of the taxpayer's net income for the period | ||||||
| 24 | after June 30, 2017, as calculated under Section 202.5. | ||||||
| 25 | (5.4) In the case of an individual, trust, or estate, | ||||||
| 26 | for taxable years beginning on or after July 1, 2017, an | ||||||
| |||||||
| |||||||
| 1 | amount equal to 4.95% of the taxpayer's net income for the | ||||||
| 2 | taxable year. | ||||||
| 3 | (6) In the case of a corporation, for taxable years
| ||||||
| 4 | ending prior to July 1, 1989, an amount equal to 4% of the
| ||||||
| 5 | taxpayer's net income for the taxable year. | ||||||
| 6 | (7) In the case of a corporation, for taxable years | ||||||
| 7 | beginning prior to
July 1, 1989 and ending after June 30, | ||||||
| 8 | 1989, an amount equal to the sum of
(i) 4% of the | ||||||
| 9 | taxpayer's net income for the period prior to July 1, 1989,
| ||||||
| 10 | as calculated under Section 202.3, and (ii) 4.8% of the | ||||||
| 11 | taxpayer's net
income for the period after June 30, 1989, | ||||||
| 12 | as calculated under Section
202.3. | ||||||
| 13 | (8) In the case of a corporation, for taxable years | ||||||
| 14 | beginning after
June 30, 1989, and ending prior to January | ||||||
| 15 | 1, 2011, an amount equal to 4.8% of the taxpayer's net | ||||||
| 16 | income for the
taxable year. | ||||||
| 17 | (9) In the case of a corporation, for taxable years | ||||||
| 18 | beginning prior to January 1, 2011, and ending after | ||||||
| 19 | December 31, 2010, an amount equal to the sum of (i) 4.8% | ||||||
| 20 | of the taxpayer's net income for the period prior to | ||||||
| 21 | January 1, 2011, as calculated under Section 202.5, and | ||||||
| 22 | (ii) 7% of the taxpayer's net income for the period after | ||||||
| 23 | December 31, 2010, as calculated under Section 202.5. | ||||||
| 24 | (10) In the case of a corporation, for taxable years | ||||||
| 25 | beginning on or after January 1, 2011, and ending prior to | ||||||
| 26 | January 1, 2015, an amount equal to 7% of the taxpayer's | ||||||
| |||||||
| |||||||
| 1 | net income for the taxable year. | ||||||
| 2 | (11) In the case of a corporation, for taxable years | ||||||
| 3 | beginning prior to January 1, 2015, and ending after | ||||||
| 4 | December 31, 2014, an amount equal to the sum of (i) 7% of | ||||||
| 5 | the taxpayer's net income for the period prior to January | ||||||
| 6 | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||||||
| 7 | of the taxpayer's net income for the period after December | ||||||
| 8 | 31, 2014, as calculated under Section 202.5. | ||||||
| 9 | (12) In the case of a corporation, for taxable years | ||||||
| 10 | beginning on or after January 1, 2015, and ending prior to | ||||||
| 11 | July 1, 2017, an amount equal to 5.25% of the taxpayer's | ||||||
| 12 | net income for the taxable year. | ||||||
| 13 | (13) In the case of a corporation, for taxable years | ||||||
| 14 | beginning prior to July 1, 2017, and ending after June 30, | ||||||
| 15 | 2017, an amount equal to the sum of (i) 5.25% of the | ||||||
| 16 | taxpayer's net income for the period prior to July 1, 2017, | ||||||
| 17 | as calculated under Section 202.5, and (ii) 7% of the | ||||||
| 18 | taxpayer's net income for the period after June 30, 2017, | ||||||
| 19 | as calculated under Section 202.5. | ||||||
| 20 | (14) In the case of a corporation, for taxable years | ||||||
| 21 | beginning on or after July 1, 2017, an amount equal to 7% | ||||||
| 22 | of the taxpayer's net income for the taxable year. | ||||||
| 23 | The rates under this subsection (b) are subject to the | ||||||
| 24 | provisions of Section 201.5. | ||||||
| 25 | (b-5) Surcharge; sale or exchange of assets, properties, | ||||||
| 26 | and intangibles of organization gaming licensees. For each of | ||||||
| |||||||
| |||||||
| 1 | taxable years 2019 through 2027, a surcharge is imposed on all | ||||||
| 2 | taxpayers on income arising from the sale or exchange of | ||||||
| 3 | capital assets, depreciable business property, real property | ||||||
| 4 | used in the trade or business, and Section 197 intangibles (i) | ||||||
| 5 | of an organization licensee under the Illinois Horse Racing Act | ||||||
| 6 | of 1975 and (ii) of an organization gaming licensee under the | ||||||
| 7 | Illinois Gambling Act. The amount of the surcharge is equal to | ||||||
| 8 | the amount of federal income tax liability for the taxable year | ||||||
| 9 | attributable to those sales and exchanges. The surcharge | ||||||
| 10 | imposed shall not apply if: | ||||||
| 11 | (1) the organization gaming license, organization | ||||||
| 12 | license, or racetrack property is transferred as a result | ||||||
| 13 | of any of the following: | ||||||
| 14 | (A) bankruptcy, a receivership, or a debt | ||||||
| 15 | adjustment initiated by or against the initial | ||||||
| 16 | licensee or the substantial owners of the initial | ||||||
| 17 | licensee; | ||||||
| 18 | (B) cancellation, revocation, or termination of | ||||||
| 19 | any such license by the Illinois Gaming Board or the | ||||||
| 20 | Illinois Racing Board; | ||||||
| 21 | (C) a determination by the Illinois Gaming Board | ||||||
| 22 | that transfer of the license is in the best interests | ||||||
| 23 | of Illinois gaming; | ||||||
| 24 | (D) the death of an owner of the equity interest in | ||||||
| 25 | a licensee; | ||||||
| 26 | (E) the acquisition of a controlling interest in | ||||||
| |||||||
| |||||||
| 1 | the stock or substantially all of the assets of a | ||||||
| 2 | publicly traded company; | ||||||
| 3 | (F) a transfer by a parent company to a wholly | ||||||
| 4 | owned subsidiary; or | ||||||
| 5 | (G) the transfer or sale to or by one person to | ||||||
| 6 | another person where both persons were initial owners | ||||||
| 7 | of the license when the license was issued; or | ||||||
| 8 | (2) the controlling interest in the organization | ||||||
| 9 | gaming license, organization license, or racetrack | ||||||
| 10 | property is transferred in a transaction to lineal | ||||||
| 11 | descendants in which no gain or loss is recognized or as a | ||||||
| 12 | result of a transaction in accordance with Section 351 of | ||||||
| 13 | the Internal Revenue Code in which no gain or loss is | ||||||
| 14 | recognized; or | ||||||
| 15 | (3) live horse racing was not conducted in 2010 at a | ||||||
| 16 | racetrack located within 3 miles of the Mississippi River | ||||||
| 17 | under a license issued pursuant to the Illinois Horse | ||||||
| 18 | Racing Act of 1975. | ||||||
| 19 | The transfer of an organization gaming license, | ||||||
| 20 | organization license, or racetrack property by a person other | ||||||
| 21 | than the initial licensee to receive the organization gaming | ||||||
| 22 | license is not subject to a surcharge. The Department shall | ||||||
| 23 | adopt rules necessary to implement and administer this | ||||||
| 24 | subsection. | ||||||
| 25 | (c) Personal Property Tax Replacement Income Tax.
| ||||||
| 26 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
| |||||||
| |||||||
| 1 | income
tax, there is also hereby imposed the Personal Property | ||||||
| 2 | Tax Replacement
Income Tax measured by net income on every | ||||||
| 3 | corporation (including Subchapter
S corporations), partnership | ||||||
| 4 | and trust, for each taxable year ending after
June 30, 1979. | ||||||
| 5 | Such taxes are imposed on the privilege of earning or
receiving | ||||||
| 6 | income in or as a resident of this State. The Personal Property
| ||||||
| 7 | Tax Replacement Income Tax shall be in addition to the income | ||||||
| 8 | tax imposed
by subsections (a) and (b) of this Section and in | ||||||
| 9 | addition to all other
occupation or privilege taxes imposed by | ||||||
| 10 | this State or by any municipal
corporation or political | ||||||
| 11 | subdivision thereof. | ||||||
| 12 | (d) Additional Personal Property Tax Replacement Income | ||||||
| 13 | Tax Rates.
The personal property tax replacement income tax | ||||||
| 14 | imposed by this subsection
and subsection (c) of this Section | ||||||
| 15 | in the case of a corporation, other
than a Subchapter S | ||||||
| 16 | corporation and except as adjusted by subsection (d-1),
shall | ||||||
| 17 | be an additional amount equal to
2.85% of such taxpayer's net | ||||||
| 18 | income for the taxable year, except that
beginning on January | ||||||
| 19 | 1, 1981, and thereafter, the rate of 2.85% specified
in this | ||||||
| 20 | subsection shall be reduced to 2.5%, and in the case of a
| ||||||
| 21 | partnership, trust or a Subchapter S corporation shall be an | ||||||
| 22 | additional
amount equal to 1.5% of such taxpayer's net income | ||||||
| 23 | for the taxable year. | ||||||
| 24 | (d-1) Rate reduction for certain foreign insurers. In the | ||||||
| 25 | case of a
foreign insurer, as defined by Section 35A-5 of the | ||||||
| 26 | Illinois Insurance Code,
whose state or country of domicile | ||||||
| |||||||
| |||||||
| 1 | imposes on insurers domiciled in Illinois
a retaliatory tax | ||||||
| 2 | (excluding any insurer
whose premiums from reinsurance assumed | ||||||
| 3 | are 50% or more of its total insurance
premiums as determined | ||||||
| 4 | under paragraph (2) of subsection (b) of Section 304,
except | ||||||
| 5 | that for purposes of this determination premiums from | ||||||
| 6 | reinsurance do
not include premiums from inter-affiliate | ||||||
| 7 | reinsurance arrangements),
beginning with taxable years ending | ||||||
| 8 | on or after December 31, 1999,
the sum of
the rates of tax | ||||||
| 9 | imposed by subsections (b) and (d) shall be reduced (but not
| ||||||
| 10 | increased) to the rate at which the total amount of tax imposed | ||||||
| 11 | under this Act,
net of all credits allowed under this Act, | ||||||
| 12 | shall equal (i) the total amount of
tax that would be imposed | ||||||
| 13 | on the foreign insurer's net income allocable to
Illinois for | ||||||
| 14 | the taxable year by such foreign insurer's state or country of
| ||||||
| 15 | domicile if that net income were subject to all income taxes | ||||||
| 16 | and taxes
measured by net income imposed by such foreign | ||||||
| 17 | insurer's state or country of
domicile, net of all credits | ||||||
| 18 | allowed or (ii) a rate of zero if no such tax is
imposed on such | ||||||
| 19 | income by the foreign insurer's state of domicile.
For the | ||||||
| 20 | purposes of this subsection (d-1), an inter-affiliate includes | ||||||
| 21 | a
mutual insurer under common management. | ||||||
| 22 | (1) For the purposes of subsection (d-1), in no event | ||||||
| 23 | shall the sum of the
rates of tax imposed by subsections | ||||||
| 24 | (b) and (d) be reduced below the rate at
which the sum of: | ||||||
| 25 | (A) the total amount of tax imposed on such foreign | ||||||
| 26 | insurer under
this Act for a taxable year, net of all | ||||||
| |||||||
| |||||||
| 1 | credits allowed under this Act, plus | ||||||
| 2 | (B) the privilege tax imposed by Section 409 of the | ||||||
| 3 | Illinois Insurance
Code, the fire insurance company | ||||||
| 4 | tax imposed by Section 12 of the Fire
Investigation | ||||||
| 5 | Act, and the fire department taxes imposed under | ||||||
| 6 | Section 11-10-1
of the Illinois Municipal Code, | ||||||
| 7 | equals 1.25% for taxable years ending prior to December 31, | ||||||
| 8 | 2003, or
1.75% for taxable years ending on or after | ||||||
| 9 | December 31, 2003, of the net
taxable premiums written for | ||||||
| 10 | the taxable year,
as described by subsection (1) of Section | ||||||
| 11 | 409 of the Illinois Insurance Code.
This paragraph will in | ||||||
| 12 | no event increase the rates imposed under subsections
(b) | ||||||
| 13 | and (d). | ||||||
| 14 | (2) Any reduction in the rates of tax imposed by this | ||||||
| 15 | subsection shall be
applied first against the rates imposed | ||||||
| 16 | by subsection (b) and only after the
tax imposed by | ||||||
| 17 | subsection (a) net of all credits allowed under this | ||||||
| 18 | Section
other than the credit allowed under subsection (i) | ||||||
| 19 | has been reduced to zero,
against the rates imposed by | ||||||
| 20 | subsection (d). | ||||||
| 21 | This subsection (d-1) is exempt from the provisions of | ||||||
| 22 | Section 250. | ||||||
| 23 | (e) Investment credit. A taxpayer shall be allowed a credit
| ||||||
| 24 | against the Personal Property Tax Replacement Income Tax for
| ||||||
| 25 | investment in qualified property. | ||||||
| 26 | (1) A taxpayer shall be allowed a credit equal to .5% | ||||||
| |||||||
| |||||||
| 1 | of
the basis of qualified property placed in service during | ||||||
| 2 | the taxable year,
provided such property is placed in | ||||||
| 3 | service on or after
July 1, 1984. There shall be allowed an | ||||||
| 4 | additional credit equal
to .5% of the basis of qualified | ||||||
| 5 | property placed in service during the
taxable year, | ||||||
| 6 | provided such property is placed in service on or
after | ||||||
| 7 | July 1, 1986, and the taxpayer's base employment
within | ||||||
| 8 | Illinois has increased by 1% or more over the preceding | ||||||
| 9 | year as
determined by the taxpayer's employment records | ||||||
| 10 | filed with the
Illinois Department of Employment Security. | ||||||
| 11 | Taxpayers who are new to
Illinois shall be deemed to have | ||||||
| 12 | met the 1% growth in base employment for
the first year in | ||||||
| 13 | which they file employment records with the Illinois
| ||||||
| 14 | Department of Employment Security. The provisions added to | ||||||
| 15 | this Section by
Public Act 85-1200 (and restored by Public | ||||||
| 16 | Act 87-895) shall be
construed as declaratory of existing | ||||||
| 17 | law and not as a new enactment. If,
in any year, the | ||||||
| 18 | increase in base employment within Illinois over the
| ||||||
| 19 | preceding year is less than 1%, the additional credit shall | ||||||
| 20 | be limited to that
percentage times a fraction, the | ||||||
| 21 | numerator of which is .5% and the denominator
of which is | ||||||
| 22 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
| 23 | not be
allowed to the extent that it would reduce a | ||||||
| 24 | taxpayer's liability in any tax
year below zero, nor may | ||||||
| 25 | any credit for qualified property be allowed for any
year | ||||||
| 26 | other than the year in which the property was placed in | ||||||
| |||||||
| |||||||
| 1 | service in
Illinois. For tax years ending on or after | ||||||
| 2 | December 31, 1987, and on or
before December 31, 1988, the | ||||||
| 3 | credit shall be allowed for the tax year in
which the | ||||||
| 4 | property is placed in service, or, if the amount of the | ||||||
| 5 | credit
exceeds the tax liability for that year, whether it | ||||||
| 6 | exceeds the original
liability or the liability as later | ||||||
| 7 | amended, such excess may be carried
forward and applied to | ||||||
| 8 | the tax liability of the 5 taxable years following
the | ||||||
| 9 | excess credit years if the taxpayer (i) makes investments | ||||||
| 10 | which cause
the creation of a minimum of 2,000 full-time | ||||||
| 11 | equivalent jobs in Illinois,
(ii) is located in an | ||||||
| 12 | enterprise zone established pursuant to the Illinois
| ||||||
| 13 | Enterprise Zone Act and (iii) is certified by the | ||||||
| 14 | Department of Commerce
and Community Affairs (now | ||||||
| 15 | Department of Commerce and Economic Opportunity) as | ||||||
| 16 | complying with the requirements specified in
clause (i) and | ||||||
| 17 | (ii) by July 1, 1986. The Department of Commerce and
| ||||||
| 18 | Community Affairs (now Department of Commerce and Economic | ||||||
| 19 | Opportunity) shall notify the Department of Revenue of all | ||||||
| 20 | such
certifications immediately. For tax years ending | ||||||
| 21 | after December 31, 1988,
the credit shall be allowed for | ||||||
| 22 | the tax year in which the property is
placed in service, | ||||||
| 23 | or, if the amount of the credit exceeds the tax
liability | ||||||
| 24 | for that year, whether it exceeds the original liability or | ||||||
| 25 | the
liability as later amended, such excess may be carried | ||||||
| 26 | forward and applied
to the tax liability of the 5 taxable | ||||||
| |||||||
| |||||||
| 1 | years following the excess credit
years. The credit shall | ||||||
| 2 | be applied to the earliest year for which there is
a | ||||||
| 3 | liability. If there is credit from more than one tax year | ||||||
| 4 | that is
available to offset a liability, earlier credit | ||||||
| 5 | shall be applied first. | ||||||
| 6 | (2) The term "qualified property" means property | ||||||
| 7 | which: | ||||||
| 8 | (A) is tangible, whether new or used, including | ||||||
| 9 | buildings and structural
components of buildings and | ||||||
| 10 | signs that are real property, but not including
land or | ||||||
| 11 | improvements to real property that are not a structural | ||||||
| 12 | component of a
building such as landscaping, sewer | ||||||
| 13 | lines, local access roads, fencing, parking
lots, and | ||||||
| 14 | other appurtenances; | ||||||
| 15 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 16 | Internal Revenue Code,
except that "3-year property" | ||||||
| 17 | as defined in Section 168(c)(2)(A) of that
Code is not | ||||||
| 18 | eligible for the credit provided by this subsection | ||||||
| 19 | (e); | ||||||
| 20 | (C) is acquired by purchase as defined in Section | ||||||
| 21 | 179(d) of
the Internal Revenue Code; | ||||||
| 22 | (D) is used in Illinois by a taxpayer who is | ||||||
| 23 | primarily engaged in
manufacturing, or in mining coal | ||||||
| 24 | or fluorite, or in retailing, or was placed in service | ||||||
| 25 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
| 26 | Zone established pursuant to the River Edge | ||||||
| |||||||
| |||||||
| 1 | Redevelopment Zone Act; and | ||||||
| 2 | (E) has not previously been used in Illinois in | ||||||
| 3 | such a manner and by
such a person as would qualify for | ||||||
| 4 | the credit provided by this subsection
(e) or | ||||||
| 5 | subsection (f). | ||||||
| 6 | (3) For purposes of this subsection (e), | ||||||
| 7 | "manufacturing" means
the material staging and production | ||||||
| 8 | of tangible personal property by
procedures commonly | ||||||
| 9 | regarded as manufacturing, processing, fabrication, or
| ||||||
| 10 | assembling which changes some existing material into new | ||||||
| 11 | shapes, new
qualities, or new combinations. For purposes of | ||||||
| 12 | this subsection
(e) the term "mining" shall have the same | ||||||
| 13 | meaning as the term "mining" in
Section 613(c) of the | ||||||
| 14 | Internal Revenue Code. For purposes of this subsection
(e), | ||||||
| 15 | the term "retailing" means the sale of tangible personal | ||||||
| 16 | property for use or consumption and not for resale, or
| ||||||
| 17 | services rendered in conjunction with the sale of tangible | ||||||
| 18 | personal property for use or consumption and not for | ||||||
| 19 | resale. For purposes of this subsection (e), "tangible | ||||||
| 20 | personal property" has the same meaning as when that term | ||||||
| 21 | is used in the Retailers' Occupation Tax Act, and, for | ||||||
| 22 | taxable years ending after December 31, 2008, does not | ||||||
| 23 | include the generation, transmission, or distribution of | ||||||
| 24 | electricity. | ||||||
| 25 | (4) The basis of qualified property shall be the basis
| ||||||
| 26 | used to compute the depreciation deduction for federal | ||||||
| |||||||
| |||||||
| 1 | income tax purposes. | ||||||
| 2 | (5) If the basis of the property for federal income tax | ||||||
| 3 | depreciation
purposes is increased after it has been placed | ||||||
| 4 | in service in Illinois by
the taxpayer, the amount of such | ||||||
| 5 | increase shall be deemed property placed
in service on the | ||||||
| 6 | date of such increase in basis. | ||||||
| 7 | (6) The term "placed in service" shall have the same
| ||||||
| 8 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
| 9 | (7) If during any taxable year, any property ceases to
| ||||||
| 10 | be qualified property in the hands of the taxpayer within | ||||||
| 11 | 48 months after
being placed in service, or the situs of | ||||||
| 12 | any qualified property is
moved outside Illinois within 48 | ||||||
| 13 | months after being placed in service, the
Personal Property | ||||||
| 14 | Tax Replacement Income Tax for such taxable year shall be
| ||||||
| 15 | increased. Such increase shall be determined by (i) | ||||||
| 16 | recomputing the
investment credit which would have been | ||||||
| 17 | allowed for the year in which
credit for such property was | ||||||
| 18 | originally allowed by eliminating such
property from such | ||||||
| 19 | computation and, (ii) subtracting such recomputed credit
| ||||||
| 20 | from the amount of credit previously allowed. For the | ||||||
| 21 | purposes of this
paragraph (7), a reduction of the basis of | ||||||
| 22 | qualified property resulting
from a redetermination of the | ||||||
| 23 | purchase price shall be deemed a disposition
of qualified | ||||||
| 24 | property to the extent of such reduction. | ||||||
| 25 | (8) Unless the investment credit is extended by law, | ||||||
| 26 | the
basis of qualified property shall not include costs | ||||||
| |||||||
| |||||||
| 1 | incurred after
December 31, 2018, except for costs incurred | ||||||
| 2 | pursuant to a binding
contract entered into on or before | ||||||
| 3 | December 31, 2018. | ||||||
| 4 | (9) Each taxable year ending before December 31, 2000, | ||||||
| 5 | a partnership may
elect to pass through to its
partners the | ||||||
| 6 | credits to which the partnership is entitled under this | ||||||
| 7 | subsection
(e) for the taxable year. A partner may use the | ||||||
| 8 | credit allocated to him or her
under this paragraph only | ||||||
| 9 | against the tax imposed in subsections (c) and (d) of
this | ||||||
| 10 | Section. If the partnership makes that election, those | ||||||
| 11 | credits shall be
allocated among the partners in the | ||||||
| 12 | partnership in accordance with the rules
set forth in | ||||||
| 13 | Section 704(b) of the Internal Revenue Code, and the rules
| ||||||
| 14 | promulgated under that Section, and the allocated amount of | ||||||
| 15 | the credits shall
be allowed to the partners for that | ||||||
| 16 | taxable year. The partnership shall make
this election on | ||||||
| 17 | its Personal Property Tax Replacement Income Tax return for
| ||||||
| 18 | that taxable year. The election to pass through the credits | ||||||
| 19 | shall be
irrevocable. | ||||||
| 20 | For taxable years ending on or after December 31, 2000, | ||||||
| 21 | a
partner that qualifies its
partnership for a subtraction | ||||||
| 22 | under subparagraph (I) of paragraph (2) of
subsection (d) | ||||||
| 23 | of Section 203 or a shareholder that qualifies a Subchapter | ||||||
| 24 | S
corporation for a subtraction under subparagraph (S) of | ||||||
| 25 | paragraph (2) of
subsection (b) of Section 203 shall be | ||||||
| 26 | allowed a credit under this subsection
(e) equal to its | ||||||
| |||||||
| |||||||
| 1 | share of the credit earned under this subsection (e) during
| ||||||
| 2 | the taxable year by the partnership or Subchapter S | ||||||
| 3 | corporation, determined in
accordance with the | ||||||
| 4 | determination of income and distributive share of
income | ||||||
| 5 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
| 6 | Revenue
Code. This paragraph is exempt from the provisions | ||||||
| 7 | of Section 250. | ||||||
| 8 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
| 9 | Redevelopment Zone. | ||||||
| 10 | (1) A taxpayer shall be allowed a credit against the | ||||||
| 11 | tax imposed
by subsections (a) and (b) of this Section for | ||||||
| 12 | investment in qualified
property which is placed in service | ||||||
| 13 | in an Enterprise Zone created
pursuant to the Illinois | ||||||
| 14 | Enterprise Zone Act or, for property placed in service on | ||||||
| 15 | or after July 1, 2006, a River Edge Redevelopment Zone | ||||||
| 16 | established pursuant to the River Edge Redevelopment Zone | ||||||
| 17 | Act. For partners, shareholders
of Subchapter S | ||||||
| 18 | corporations, and owners of limited liability companies,
| ||||||
| 19 | if the liability company is treated as a partnership for | ||||||
| 20 | purposes of
federal and State income taxation, there shall | ||||||
| 21 | be allowed a credit under
this subsection (f) to be | ||||||
| 22 | determined in accordance with the determination
of income | ||||||
| 23 | and distributive share of income under Sections 702 and 704 | ||||||
| 24 | and
Subchapter S of the Internal Revenue Code. The credit | ||||||
| 25 | shall be .5% of the
basis for such property. The credit | ||||||
| 26 | shall be available only in the taxable
year in which the | ||||||
| |||||||
| |||||||
| 1 | property is placed in service in the Enterprise Zone or | ||||||
| 2 | River Edge Redevelopment Zone and
shall not be allowed to | ||||||
| 3 | the extent that it would reduce a taxpayer's
liability for | ||||||
| 4 | the tax imposed by subsections (a) and (b) of this Section | ||||||
| 5 | to
below zero. For tax years ending on or after December | ||||||
| 6 | 31, 1985, the credit
shall be allowed for the tax year in | ||||||
| 7 | which the property is placed in
service, or, if the amount | ||||||
| 8 | of the credit exceeds the tax liability for that
year, | ||||||
| 9 | whether it exceeds the original liability or the liability | ||||||
| 10 | as later
amended, such excess may be carried forward and | ||||||
| 11 | applied to the tax
liability of the 5 taxable years | ||||||
| 12 | following the excess credit year.
The credit shall be | ||||||
| 13 | applied to the earliest year for which there is a
| ||||||
| 14 | liability. If there is credit from more than one tax year | ||||||
| 15 | that is available
to offset a liability, the credit | ||||||
| 16 | accruing first in time shall be applied
first. | ||||||
| 17 | (2) The term qualified property means property which: | ||||||
| 18 | (A) is tangible, whether new or used, including | ||||||
| 19 | buildings and
structural components of buildings; | ||||||
| 20 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 21 | Internal Revenue
Code, except that "3-year property" | ||||||
| 22 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
| 23 | eligible for the credit provided by this subsection | ||||||
| 24 | (f); | ||||||
| 25 | (C) is acquired by purchase as defined in Section | ||||||
| 26 | 179(d) of
the Internal Revenue Code; | ||||||
| |||||||
| |||||||
| 1 | (D) is used in the Enterprise Zone or River Edge | ||||||
| 2 | Redevelopment Zone by the taxpayer; and | ||||||
| 3 | (E) has not been previously used in Illinois in | ||||||
| 4 | such a manner and by
such a person as would qualify for | ||||||
| 5 | the credit provided by this subsection
(f) or | ||||||
| 6 | subsection (e). | ||||||
| 7 | (3) The basis of qualified property shall be the basis | ||||||
| 8 | used to compute
the depreciation deduction for federal | ||||||
| 9 | income tax purposes. | ||||||
| 10 | (4) If the basis of the property for federal income tax | ||||||
| 11 | depreciation
purposes is increased after it has been placed | ||||||
| 12 | in service in the Enterprise
Zone or River Edge | ||||||
| 13 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
| 14 | increase shall be deemed property
placed in service on the | ||||||
| 15 | date of such increase in basis. | ||||||
| 16 | (5) The term "placed in service" shall have the same | ||||||
| 17 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
| 18 | (6) If during any taxable year, any property ceases to | ||||||
| 19 | be qualified
property in the hands of the taxpayer within | ||||||
| 20 | 48 months after being placed
in service, or the situs of | ||||||
| 21 | any qualified property is moved outside the
Enterprise Zone | ||||||
| 22 | or River Edge Redevelopment Zone within 48 months after | ||||||
| 23 | being placed in service, the tax
imposed under subsections | ||||||
| 24 | (a) and (b) of this Section for such taxable year
shall be | ||||||
| 25 | increased. Such increase shall be determined by (i) | ||||||
| 26 | recomputing
the investment credit which would have been | ||||||
| |||||||
| |||||||
| 1 | allowed for the year in which
credit for such property was | ||||||
| 2 | originally allowed by eliminating such
property from such | ||||||
| 3 | computation, and (ii) subtracting such recomputed credit
| ||||||
| 4 | from the amount of credit previously allowed. For the | ||||||
| 5 | purposes of this
paragraph (6), a reduction of the basis of | ||||||
| 6 | qualified property resulting
from a redetermination of the | ||||||
| 7 | purchase price shall be deemed a disposition
of qualified | ||||||
| 8 | property to the extent of such reduction. | ||||||
| 9 | (7) There shall be allowed an additional credit equal | ||||||
| 10 | to 0.5% of the basis of qualified property placed in | ||||||
| 11 | service during the taxable year in a River Edge | ||||||
| 12 | Redevelopment Zone, provided such property is placed in | ||||||
| 13 | service on or after July 1, 2006, and the taxpayer's base | ||||||
| 14 | employment within Illinois has increased by 1% or more over | ||||||
| 15 | the preceding year as determined by the taxpayer's | ||||||
| 16 | employment records filed with the Illinois Department of | ||||||
| 17 | Employment Security. Taxpayers who are new to Illinois | ||||||
| 18 | shall be deemed to have met the 1% growth in base | ||||||
| 19 | employment for the first year in which they file employment | ||||||
| 20 | records with the Illinois Department of Employment | ||||||
| 21 | Security. If, in any year, the increase in base employment | ||||||
| 22 | within Illinois over the preceding year is less than 1%, | ||||||
| 23 | the additional credit shall be limited to that percentage | ||||||
| 24 | times a fraction, the numerator of which is 0.5% and the | ||||||
| 25 | denominator of which is 1%, but shall not exceed 0.5%.
| ||||||
| 26 | (8) For taxable years beginning on or after January 1, | ||||||
| |||||||
| |||||||
| 1 | 2021, there shall be allowed an Enterprise Zone | ||||||
| 2 | construction jobs credit against the taxes imposed under | ||||||
| 3 | subsections (a) and (b) of this Section as provided in | ||||||
| 4 | Section 13 of the Illinois Enterprise Zone Act. | ||||||
| 5 | The credit or credits may not reduce the taxpayer's | ||||||
| 6 | liability to less than zero. If the amount of the credit or | ||||||
| 7 | credits exceeds the taxpayer's liability, the excess may be | ||||||
| 8 | carried forward and applied against the taxpayer's | ||||||
| 9 | liability in succeeding calendar years in the same manner | ||||||
| 10 | provided under paragraph (4) of Section 211 of this Act. | ||||||
| 11 | The credit or credits shall be applied to the earliest year | ||||||
| 12 | for which there is a tax liability. If there are credits | ||||||
| 13 | from more than one taxable year that are available to | ||||||
| 14 | offset a liability, the earlier credit shall be applied | ||||||
| 15 | first. | ||||||
| 16 | For partners, shareholders of Subchapter S | ||||||
| 17 | corporations, and owners of limited liability companies, | ||||||
| 18 | if the liability company is treated as a partnership for | ||||||
| 19 | the purposes of federal and State income taxation, there | ||||||
| 20 | shall be allowed a credit under this Section to be | ||||||
| 21 | determined in accordance with the determination of income | ||||||
| 22 | and distributive share of income under Sections 702 and 704 | ||||||
| 23 | and Subchapter S of the Internal Revenue Code. | ||||||
| 24 | The total aggregate amount of credits awarded under the | ||||||
| 25 | Blue Collar Jobs Act (Article 20 of Public Act 101-9 this | ||||||
| 26 | amendatory Act of the 101st General Assembly) shall not | ||||||
| |||||||
| |||||||
| 1 | exceed $20,000,000 in any State fiscal year. | ||||||
| 2 | This paragraph (8) is exempt from the provisions of | ||||||
| 3 | Section 250. | ||||||
| 4 | (g) (Blank). | ||||||
| 5 | (h) Investment credit; High Impact Business. | ||||||
| 6 | (1) Subject to subsections (b) and (b-5) of Section
5.5 | ||||||
| 7 | of the Illinois Enterprise Zone Act, a taxpayer shall be | ||||||
| 8 | allowed a credit
against the tax imposed by subsections (a) | ||||||
| 9 | and (b) of this Section for
investment in qualified
| ||||||
| 10 | property which is placed in service by a Department of | ||||||
| 11 | Commerce and Economic Opportunity
designated High Impact | ||||||
| 12 | Business. The credit shall be .5% of the basis
for such | ||||||
| 13 | property. The credit shall not be available (i) until the | ||||||
| 14 | minimum
investments in qualified property set forth in | ||||||
| 15 | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| ||||||
| 16 | Enterprise Zone Act have been satisfied
or (ii) until the | ||||||
| 17 | time authorized in subsection (b-5) of the Illinois
| ||||||
| 18 | Enterprise Zone Act for entities designated as High Impact | ||||||
| 19 | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
| 20 | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone | ||||||
| 21 | Act, and shall not be allowed to the extent that it would
| ||||||
| 22 | reduce a taxpayer's liability for the tax imposed by | ||||||
| 23 | subsections (a) and (b) of
this Section to below zero. The | ||||||
| 24 | credit applicable to such investments shall be
taken in the | ||||||
| 25 | taxable year in which such investments have been completed. | ||||||
| 26 | The
credit for additional investments beyond the minimum | ||||||
| |||||||
| |||||||
| 1 | investment by a designated
high impact business authorized | ||||||
| 2 | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois | ||||||
| 3 | Enterprise Zone Act shall be available only in the taxable | ||||||
| 4 | year in
which the property is placed in service and shall | ||||||
| 5 | not be allowed to the extent
that it would reduce a | ||||||
| 6 | taxpayer's liability for the tax imposed by subsections
(a) | ||||||
| 7 | and (b) of this Section to below zero.
For tax years ending | ||||||
| 8 | on or after December 31, 1987, the credit shall be
allowed | ||||||
| 9 | for the tax year in which the property is placed in | ||||||
| 10 | service, or, if
the amount of the credit exceeds the tax | ||||||
| 11 | liability for that year, whether
it exceeds the original | ||||||
| 12 | liability or the liability as later amended, such
excess | ||||||
| 13 | may be carried forward and applied to the tax liability of | ||||||
| 14 | the 5
taxable years following the excess credit year. The | ||||||
| 15 | credit shall be
applied to the earliest year for which | ||||||
| 16 | there is a liability. If there is
credit from more than one | ||||||
| 17 | tax year that is available to offset a liability,
the | ||||||
| 18 | credit accruing first in time shall be applied first. | ||||||
| 19 | Changes made in this subdivision (h)(1) by Public Act | ||||||
| 20 | 88-670
restore changes made by Public Act 85-1182 and | ||||||
| 21 | reflect existing law. | ||||||
| 22 | (2) The term qualified property means property which: | ||||||
| 23 | (A) is tangible, whether new or used, including | ||||||
| 24 | buildings and
structural components of buildings; | ||||||
| 25 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 26 | Internal Revenue
Code, except that "3-year property" | ||||||
| |||||||
| |||||||
| 1 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
| 2 | eligible for the credit provided by this subsection | ||||||
| 3 | (h); | ||||||
| 4 | (C) is acquired by purchase as defined in Section | ||||||
| 5 | 179(d) of the
Internal Revenue Code; and | ||||||
| 6 | (D) is not eligible for the Enterprise Zone | ||||||
| 7 | Investment Credit provided
by subsection (f) of this | ||||||
| 8 | Section. | ||||||
| 9 | (3) The basis of qualified property shall be the basis | ||||||
| 10 | used to compute
the depreciation deduction for federal | ||||||
| 11 | income tax purposes. | ||||||
| 12 | (4) If the basis of the property for federal income tax | ||||||
| 13 | depreciation
purposes is increased after it has been placed | ||||||
| 14 | in service in a federally
designated Foreign Trade Zone or | ||||||
| 15 | Sub-Zone located in Illinois by the taxpayer,
the amount of | ||||||
| 16 | such increase shall be deemed property placed in service on
| ||||||
| 17 | the date of such increase in basis. | ||||||
| 18 | (5) The term "placed in service" shall have the same | ||||||
| 19 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
| 20 | (6) If during any taxable year ending on or before | ||||||
| 21 | December 31, 1996,
any property ceases to be qualified
| ||||||
| 22 | property in the hands of the taxpayer within 48 months | ||||||
| 23 | after being placed
in service, or the situs of any | ||||||
| 24 | qualified property is moved outside
Illinois within 48 | ||||||
| 25 | months after being placed in service, the tax imposed
under | ||||||
| 26 | subsections (a) and (b) of this Section for such taxable | ||||||
| |||||||
| |||||||
| 1 | year shall
be increased. Such increase shall be determined | ||||||
| 2 | by (i) recomputing the
investment credit which would have | ||||||
| 3 | been allowed for the year in which
credit for such property | ||||||
| 4 | was originally allowed by eliminating such
property from | ||||||
| 5 | such computation, and (ii) subtracting such recomputed | ||||||
| 6 | credit
from the amount of credit previously allowed. For | ||||||
| 7 | the purposes of this
paragraph (6), a reduction of the | ||||||
| 8 | basis of qualified property resulting
from a | ||||||
| 9 | redetermination of the purchase price shall be deemed a | ||||||
| 10 | disposition
of qualified property to the extent of such | ||||||
| 11 | reduction. | ||||||
| 12 | (7) Beginning with tax years ending after December 31, | ||||||
| 13 | 1996, if a
taxpayer qualifies for the credit under this | ||||||
| 14 | subsection (h) and thereby is
granted a tax abatement and | ||||||
| 15 | the taxpayer relocates its entire facility in
violation of | ||||||
| 16 | the explicit terms and length of the contract under Section
| ||||||
| 17 | 18-183 of the Property Tax Code, the tax imposed under | ||||||
| 18 | subsections
(a) and (b) of this Section shall be increased | ||||||
| 19 | for the taxable year
in which the taxpayer relocated its | ||||||
| 20 | facility by an amount equal to the
amount of credit | ||||||
| 21 | received by the taxpayer under this subsection (h). | ||||||
| 22 | (h-5) High Impact Business construction constructions jobs | ||||||
| 23 | credit. For taxable years beginning on or after January 1, | ||||||
| 24 | 2021, there shall also be allowed a High Impact Business | ||||||
| 25 | construction jobs credit against the tax imposed under | ||||||
| 26 | subsections (a) and (b) of this Section as provided in | ||||||
| |||||||
| |||||||
| 1 | subsections (i) and (j) of Section 5.5 of the Illinois | ||||||
| 2 | Enterprise Zone Act. | ||||||
| 3 | The credit or credits may not reduce the taxpayer's | ||||||
| 4 | liability to less than zero. If the amount of the credit or | ||||||
| 5 | credits exceeds the taxpayer's liability, the excess may be | ||||||
| 6 | carried forward and applied against the taxpayer's liability in | ||||||
| 7 | succeeding calendar years in the manner provided under | ||||||
| 8 | paragraph (4) of Section 211 of this Act. The credit or credits | ||||||
| 9 | shall be applied to the earliest year for which there is a tax | ||||||
| 10 | liability. If there are credits from more than one taxable year | ||||||
| 11 | that are available to offset a liability, the earlier credit | ||||||
| 12 | shall be applied first. | ||||||
| 13 | For partners, shareholders of Subchapter S corporations, | ||||||
| 14 | and owners of limited liability companies, if the liability | ||||||
| 15 | company is treated as a partnership for the purposes of federal | ||||||
| 16 | and State income taxation, there shall be allowed a credit | ||||||
| 17 | under this Section to be determined in accordance with the | ||||||
| 18 | determination of income and distributive share of income under | ||||||
| 19 | Sections 702 and 704 and Subchapter S of the Internal Revenue | ||||||
| 20 | Code. | ||||||
| 21 | The total aggregate amount of credits awarded under the | ||||||
| 22 | Blue Collar Jobs Act (Article 20 of Public Act 101-9 this | ||||||
| 23 | amendatory Act of the 101st General Assembly) shall not exceed | ||||||
| 24 | $20,000,000 in any State fiscal year. | ||||||
| 25 | This subsection (h-5) is exempt from the provisions of | ||||||
| 26 | Section 250. | ||||||
| |||||||
| |||||||
| 1 | (i) Credit for Personal Property Tax Replacement Income | ||||||
| 2 | Tax.
For tax years ending prior to December 31, 2003, a credit | ||||||
| 3 | shall be allowed
against the tax imposed by
subsections (a) and | ||||||
| 4 | (b) of this Section for the tax imposed by subsections (c)
and | ||||||
| 5 | (d) of this Section. This credit shall be computed by | ||||||
| 6 | multiplying the tax
imposed by subsections (c) and (d) of this | ||||||
| 7 | Section by a fraction, the numerator
of which is base income | ||||||
| 8 | allocable to Illinois and the denominator of which is
Illinois | ||||||
| 9 | base income, and further multiplying the product by the tax | ||||||
| 10 | rate
imposed by subsections (a) and (b) of this Section. | ||||||
| 11 | Any credit earned on or after December 31, 1986 under
this | ||||||
| 12 | subsection which is unused in the year
the credit is computed | ||||||
| 13 | because it exceeds the tax liability imposed by
subsections (a) | ||||||
| 14 | and (b) for that year (whether it exceeds the original
| ||||||
| 15 | liability or the liability as later amended) may be carried | ||||||
| 16 | forward and
applied to the tax liability imposed by subsections | ||||||
| 17 | (a) and (b) of the 5
taxable years following the excess credit | ||||||
| 18 | year, provided that no credit may
be carried forward to any | ||||||
| 19 | year ending on or
after December 31, 2003. This credit shall be
| ||||||
| 20 | applied first to the earliest year for which there is a | ||||||
| 21 | liability. If
there is a credit under this subsection from more | ||||||
| 22 | than one tax year that is
available to offset a liability the | ||||||
| 23 | earliest credit arising under this
subsection shall be applied | ||||||
| 24 | first. | ||||||
| 25 | If, during any taxable year ending on or after December 31, | ||||||
| 26 | 1986, the
tax imposed by subsections (c) and (d) of this | ||||||
| |||||||
| |||||||
| 1 | Section for which a taxpayer
has claimed a credit under this | ||||||
| 2 | subsection (i) is reduced, the amount of
credit for such tax | ||||||
| 3 | shall also be reduced. Such reduction shall be
determined by | ||||||
| 4 | recomputing the credit to take into account the reduced tax
| ||||||
| 5 | imposed by subsections (c) and (d). If any portion of the
| ||||||
| 6 | reduced amount of credit has been carried to a different | ||||||
| 7 | taxable year, an
amended return shall be filed for such taxable | ||||||
| 8 | year to reduce the amount of
credit claimed. | ||||||
| 9 | (j) Training expense credit. Beginning with tax years | ||||||
| 10 | ending on or
after December 31, 1986 and prior to December 31, | ||||||
| 11 | 2003, a taxpayer shall be
allowed a credit against the
tax | ||||||
| 12 | imposed by subsections (a) and (b) under this Section
for all | ||||||
| 13 | amounts paid or accrued, on behalf of all persons
employed by | ||||||
| 14 | the taxpayer in Illinois or Illinois residents employed
outside | ||||||
| 15 | of Illinois by a taxpayer, for educational or vocational | ||||||
| 16 | training in
semi-technical or technical fields or semi-skilled | ||||||
| 17 | or skilled fields, which
were deducted from gross income in the | ||||||
| 18 | computation of taxable income. The
credit against the tax | ||||||
| 19 | imposed by subsections (a) and (b) shall be 1.6% of
such | ||||||
| 20 | training expenses. For partners, shareholders of subchapter S
| ||||||
| 21 | corporations, and owners of limited liability companies, if the | ||||||
| 22 | liability
company is treated as a partnership for purposes of | ||||||
| 23 | federal and State income
taxation, there shall be allowed a | ||||||
| 24 | credit under this subsection (j) to be
determined in accordance | ||||||
| 25 | with the determination of income and distributive
share of | ||||||
| 26 | income under Sections 702 and 704 and subchapter S of the | ||||||
| |||||||
| |||||||
| 1 | Internal
Revenue Code. | ||||||
| 2 | Any credit allowed under this subsection which is unused in | ||||||
| 3 | the year
the credit is earned may be carried forward to each of | ||||||
| 4 | the 5 taxable
years following the year for which the credit is | ||||||
| 5 | first computed until it is
used. This credit shall be applied | ||||||
| 6 | first to the earliest year for which
there is a liability. If | ||||||
| 7 | there is a credit under this subsection from more
than one tax | ||||||
| 8 | year that is available to offset a liability, the earliest
| ||||||
| 9 | credit arising under this subsection shall be applied first. No | ||||||
| 10 | carryforward
credit may be claimed in any tax year ending on or | ||||||
| 11 | after
December 31, 2003. | ||||||
| 12 | (k) Research and development credit. For tax years ending | ||||||
| 13 | after July 1, 1990 and prior to
December 31, 2003, and | ||||||
| 14 | beginning again for tax years ending on or after December 31, | ||||||
| 15 | 2004, and ending prior to January 1, 2027, a taxpayer shall be
| ||||||
| 16 | allowed a credit against the tax imposed by subsections (a) and | ||||||
| 17 | (b) of this
Section for increasing research activities in this | ||||||
| 18 | State. The credit
allowed against the tax imposed by | ||||||
| 19 | subsections (a) and (b) shall be equal
to 6 1/2% of the | ||||||
| 20 | qualifying expenditures for increasing research activities
in | ||||||
| 21 | this State. For partners, shareholders of subchapter S | ||||||
| 22 | corporations, and
owners of limited liability companies, if the | ||||||
| 23 | liability company is treated as a
partnership for purposes of | ||||||
| 24 | federal and State income taxation, there shall be
allowed a | ||||||
| 25 | credit under this subsection to be determined in accordance | ||||||
| 26 | with the
determination of income and distributive share of | ||||||
| |||||||
| |||||||
| 1 | income under Sections 702 and
704 and subchapter S of the | ||||||
| 2 | Internal Revenue Code. | ||||||
| 3 | For purposes of this subsection, "qualifying expenditures" | ||||||
| 4 | means the
qualifying expenditures as defined for the federal | ||||||
| 5 | credit for increasing
research activities which would be | ||||||
| 6 | allowable under Section 41 of the
Internal Revenue Code and | ||||||
| 7 | which are conducted in this State, "qualifying
expenditures for | ||||||
| 8 | increasing research activities in this State" means the
excess | ||||||
| 9 | of qualifying expenditures for the taxable year in which | ||||||
| 10 | incurred
over qualifying expenditures for the base period, | ||||||
| 11 | "qualifying expenditures
for the base period" means the average | ||||||
| 12 | of the qualifying expenditures for
each year in the base | ||||||
| 13 | period, and "base period" means the 3 taxable years
immediately | ||||||
| 14 | preceding the taxable year for which the determination is
being | ||||||
| 15 | made. | ||||||
| 16 | Any credit in excess of the tax liability for the taxable | ||||||
| 17 | year
may be carried forward. A taxpayer may elect to have the
| ||||||
| 18 | unused credit shown on its final completed return carried over | ||||||
| 19 | as a credit
against the tax liability for the following 5 | ||||||
| 20 | taxable years or until it has
been fully used, whichever occurs | ||||||
| 21 | first; provided that no credit earned in a tax year ending | ||||||
| 22 | prior to December 31, 2003 may be carried forward to any year | ||||||
| 23 | ending on or after December 31, 2003. | ||||||
| 24 | If an unused credit is carried forward to a given year from | ||||||
| 25 | 2 or more
earlier years, that credit arising in the earliest | ||||||
| 26 | year will be applied
first against the tax liability for the | ||||||
| |||||||
| |||||||
| 1 | given year. If a tax liability for
the given year still | ||||||
| 2 | remains, the credit from the next earliest year will
then be | ||||||
| 3 | applied, and so on, until all credits have been used or no tax
| ||||||
| 4 | liability for the given year remains. Any remaining unused | ||||||
| 5 | credit or
credits then will be carried forward to the next | ||||||
| 6 | following year in which a
tax liability is incurred, except | ||||||
| 7 | that no credit can be carried forward to
a year which is more | ||||||
| 8 | than 5 years after the year in which the expense for
which the | ||||||
| 9 | credit is given was incurred. | ||||||
| 10 | No inference shall be drawn from Public Act 91-644 this | ||||||
| 11 | amendatory Act of the 91st General
Assembly in construing this | ||||||
| 12 | Section for taxable years beginning before January
1, 1999. | ||||||
| 13 | It is the intent of the General Assembly that the research | ||||||
| 14 | and development credit under this subsection (k) shall apply | ||||||
| 15 | continuously for all tax years ending on or after December 31, | ||||||
| 16 | 2004 and ending prior to January 1, 2027, including, but not | ||||||
| 17 | limited to, the period beginning on January 1, 2016 and ending | ||||||
| 18 | on July 6, 2017 (the effective date of Public Act 100-22) this | ||||||
| 19 | amendatory Act of the 100th General Assembly. All actions taken | ||||||
| 20 | in reliance on the continuation of the credit under this | ||||||
| 21 | subsection (k) by any taxpayer are hereby validated. | ||||||
| 22 | (l) Environmental Remediation Tax Credit. | ||||||
| 23 | (i) For tax years ending after December 31, 1997 and on | ||||||
| 24 | or before
December 31, 2001, a taxpayer shall be allowed a | ||||||
| 25 | credit against the tax
imposed by subsections (a) and (b) | ||||||
| 26 | of this Section for certain amounts paid
for unreimbursed | ||||||
| |||||||
| |||||||
| 1 | eligible remediation costs, as specified in this | ||||||
| 2 | subsection.
For purposes of this Section, "unreimbursed | ||||||
| 3 | eligible remediation costs" means
costs approved by the | ||||||
| 4 | Illinois Environmental Protection Agency ("Agency") under
| ||||||
| 5 | Section 58.14 of the Environmental Protection Act that were | ||||||
| 6 | paid in performing
environmental remediation at a site for | ||||||
| 7 | which a No Further Remediation Letter
was issued by the | ||||||
| 8 | Agency and recorded under Section 58.10 of the | ||||||
| 9 | Environmental
Protection Act. The credit must be claimed | ||||||
| 10 | for the taxable year in which
Agency approval of the | ||||||
| 11 | eligible remediation costs is granted. The credit is
not | ||||||
| 12 | available to any taxpayer if the taxpayer or any related | ||||||
| 13 | party caused or
contributed to, in any material respect, a | ||||||
| 14 | release of regulated substances on,
in, or under the site | ||||||
| 15 | that was identified and addressed by the remedial
action | ||||||
| 16 | pursuant to the Site Remediation Program of the | ||||||
| 17 | Environmental Protection
Act. After the Pollution Control | ||||||
| 18 | Board rules are adopted pursuant to the
Illinois | ||||||
| 19 | Administrative Procedure Act for the administration and | ||||||
| 20 | enforcement of
Section 58.9 of the Environmental | ||||||
| 21 | Protection Act, determinations as to credit
availability | ||||||
| 22 | for purposes of this Section shall be made consistent with | ||||||
| 23 | those
rules. For purposes of this Section, "taxpayer" | ||||||
| 24 | includes a person whose tax
attributes the taxpayer has | ||||||
| 25 | succeeded to under Section 381 of the Internal
Revenue Code | ||||||
| 26 | and "related party" includes the persons disallowed a | ||||||
| |||||||
| |||||||
| 1 | deduction
for losses by paragraphs (b), (c), and (f)(1) of | ||||||
| 2 | Section 267 of the Internal
Revenue Code by virtue of being | ||||||
| 3 | a related taxpayer, as well as any of its
partners. The | ||||||
| 4 | credit allowed against the tax imposed by subsections (a) | ||||||
| 5 | and
(b) shall be equal to 25% of the unreimbursed eligible | ||||||
| 6 | remediation costs in
excess of $100,000 per site, except | ||||||
| 7 | that the $100,000 threshold shall not apply
to any site | ||||||
| 8 | contained in an enterprise zone as determined by the | ||||||
| 9 | Department of
Commerce and Community Affairs (now | ||||||
| 10 | Department of Commerce and Economic Opportunity). The | ||||||
| 11 | total credit allowed shall not exceed
$40,000 per year with | ||||||
| 12 | a maximum total of $150,000 per site. For partners and
| ||||||
| 13 | shareholders of subchapter S corporations, there shall be | ||||||
| 14 | allowed a credit
under this subsection to be determined in | ||||||
| 15 | accordance with the determination of
income and | ||||||
| 16 | distributive share of income under Sections 702 and 704 and
| ||||||
| 17 | subchapter S of the Internal Revenue Code. | ||||||
| 18 | (ii) A credit allowed under this subsection that is | ||||||
| 19 | unused in the year
the credit is earned may be carried | ||||||
| 20 | forward to each of the 5 taxable years
following the year | ||||||
| 21 | for which the credit is first earned until it is used.
The | ||||||
| 22 | term "unused credit" does not include any amounts of | ||||||
| 23 | unreimbursed eligible
remediation costs in excess of the | ||||||
| 24 | maximum credit per site authorized under
paragraph (i). | ||||||
| 25 | This credit shall be applied first to the earliest year
for | ||||||
| 26 | which there is a liability. If there is a credit under this | ||||||
| |||||||
| |||||||
| 1 | subsection
from more than one tax year that is available to | ||||||
| 2 | offset a liability, the
earliest credit arising under this | ||||||
| 3 | subsection shall be applied first. A
credit allowed under | ||||||
| 4 | this subsection may be sold to a buyer as part of a sale
of | ||||||
| 5 | all or part of the remediation site for which the credit | ||||||
| 6 | was granted. The
purchaser of a remediation site and the | ||||||
| 7 | tax credit shall succeed to the unused
credit and remaining | ||||||
| 8 | carry-forward period of the seller. To perfect the
| ||||||
| 9 | transfer, the assignor shall record the transfer in the | ||||||
| 10 | chain of title for the
site and provide written notice to | ||||||
| 11 | the Director of the Illinois Department of
Revenue of the | ||||||
| 12 | assignor's intent to sell the remediation site and the | ||||||
| 13 | amount of
the tax credit to be transferred as a portion of | ||||||
| 14 | the sale. In no event may a
credit be transferred to any | ||||||
| 15 | taxpayer if the taxpayer or a related party would
not be | ||||||
| 16 | eligible under the provisions of subsection (i). | ||||||
| 17 | (iii) For purposes of this Section, the term "site" | ||||||
| 18 | shall have the same
meaning as under Section 58.2 of the | ||||||
| 19 | Environmental Protection Act. | ||||||
| 20 | (m) Education expense credit. Beginning with tax years | ||||||
| 21 | ending after
December 31, 1999, a taxpayer who
is the custodian | ||||||
| 22 | of one or more qualifying pupils shall be allowed a credit
| ||||||
| 23 | against the tax imposed by subsections (a) and (b) of this | ||||||
| 24 | Section for
qualified education expenses incurred on behalf of | ||||||
| 25 | the qualifying pupils.
The credit shall be equal to 25% of | ||||||
| 26 | qualified education expenses, but in no
event may the total | ||||||
| |||||||
| |||||||
| 1 | credit under this subsection claimed by a
family that is the
| ||||||
| 2 | custodian of qualifying pupils exceed (i) $500 for tax years | ||||||
| 3 | ending prior to December 31, 2017, and (ii) $750 for tax years | ||||||
| 4 | ending on or after December 31, 2017. In no event shall a | ||||||
| 5 | credit under
this subsection reduce the taxpayer's liability | ||||||
| 6 | under this Act to less than
zero. Notwithstanding any other | ||||||
| 7 | provision of law, for taxable years beginning on or after | ||||||
| 8 | January 1, 2017, no taxpayer may claim a credit under this | ||||||
| 9 | subsection (m) if the taxpayer's adjusted gross income for the | ||||||
| 10 | taxable year exceeds (i) $500,000, in the case of spouses | ||||||
| 11 | filing a joint federal tax return or (ii) $250,000, in the case | ||||||
| 12 | of all other taxpayers. This subsection is exempt from the | ||||||
| 13 | provisions of Section 250 of this
Act. | ||||||
| 14 | For purposes of this subsection: | ||||||
| 15 | "Qualifying pupils" means individuals who (i) are | ||||||
| 16 | residents of the State of
Illinois, (ii) are under the age of | ||||||
| 17 | 21 at the close of the school year for
which a credit is | ||||||
| 18 | sought, and (iii) during the school year for which a credit
is | ||||||
| 19 | sought were full-time pupils enrolled in a kindergarten through | ||||||
| 20 | twelfth
grade education program at any school, as defined in | ||||||
| 21 | this subsection. | ||||||
| 22 | "Qualified education expense" means the amount incurred
on | ||||||
| 23 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
| 24 | book fees, and
lab fees at the school in which the pupil is | ||||||
| 25 | enrolled during the regular school
year. | ||||||
| 26 | "School" means any public or nonpublic elementary or | ||||||
| |||||||
| |||||||
| 1 | secondary school in
Illinois that is in compliance with Title | ||||||
| 2 | VI of the Civil Rights Act of 1964
and attendance at which | ||||||
| 3 | satisfies the requirements of Section 26-1 of the
School Code, | ||||||
| 4 | except that nothing shall be construed to require a child to
| ||||||
| 5 | attend any particular public or nonpublic school to qualify for | ||||||
| 6 | the credit
under this Section. | ||||||
| 7 | "Custodian" means, with respect to qualifying pupils, an | ||||||
| 8 | Illinois resident
who is a parent, the parents, a legal | ||||||
| 9 | guardian, or the legal guardians of the
qualifying pupils. | ||||||
| 10 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
| 11 | credit.
| ||||||
| 12 | (i) For tax years ending on or after December 31, 2006, | ||||||
| 13 | a taxpayer shall be allowed a credit against the tax | ||||||
| 14 | imposed by subsections (a) and (b) of this Section for | ||||||
| 15 | certain amounts paid for unreimbursed eligible remediation | ||||||
| 16 | costs, as specified in this subsection. For purposes of | ||||||
| 17 | this Section, "unreimbursed eligible remediation costs" | ||||||
| 18 | means costs approved by the Illinois Environmental | ||||||
| 19 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
| 20 | Environmental Protection Act that were paid in performing | ||||||
| 21 | environmental remediation at a site within a River Edge | ||||||
| 22 | Redevelopment Zone for which a No Further Remediation | ||||||
| 23 | Letter was issued by the Agency and recorded under Section | ||||||
| 24 | 58.10 of the Environmental Protection Act. The credit must | ||||||
| 25 | be claimed for the taxable year in which Agency approval of | ||||||
| 26 | the eligible remediation costs is granted. The credit is | ||||||
| |||||||
| |||||||
| 1 | not available to any taxpayer if the taxpayer or any | ||||||
| 2 | related party caused or contributed to, in any material | ||||||
| 3 | respect, a release of regulated substances on, in, or under | ||||||
| 4 | the site that was identified and addressed by the remedial | ||||||
| 5 | action pursuant to the Site Remediation Program of the | ||||||
| 6 | Environmental Protection Act. Determinations as to credit | ||||||
| 7 | availability for purposes of this Section shall be made | ||||||
| 8 | consistent with rules adopted by the Pollution Control | ||||||
| 9 | Board pursuant to the Illinois Administrative Procedure | ||||||
| 10 | Act for the administration and enforcement of Section 58.9 | ||||||
| 11 | of the Environmental Protection Act. For purposes of this | ||||||
| 12 | Section, "taxpayer" includes a person whose tax attributes | ||||||
| 13 | the taxpayer has succeeded to under Section 381 of the | ||||||
| 14 | Internal Revenue Code and "related party" includes the | ||||||
| 15 | persons disallowed a deduction for losses by paragraphs | ||||||
| 16 | (b), (c), and (f)(1) of Section 267 of the Internal Revenue | ||||||
| 17 | Code by virtue of being a related taxpayer, as well as any | ||||||
| 18 | of its partners. The credit allowed against the tax imposed | ||||||
| 19 | by subsections (a) and (b) shall be equal to 25% of the | ||||||
| 20 | unreimbursed eligible remediation costs in excess of | ||||||
| 21 | $100,000 per site. | ||||||
| 22 | (ii) A credit allowed under this subsection that is | ||||||
| 23 | unused in the year the credit is earned may be carried | ||||||
| 24 | forward to each of the 5 taxable years following the year | ||||||
| 25 | for which the credit is first earned until it is used. This | ||||||
| 26 | credit shall be applied first to the earliest year for | ||||||
| |||||||
| |||||||
| 1 | which there is a liability. If there is a credit under this | ||||||
| 2 | subsection from more than one tax year that is available to | ||||||
| 3 | offset a liability, the earliest credit arising under this | ||||||
| 4 | subsection shall be applied first. A credit allowed under | ||||||
| 5 | this subsection may be sold to a buyer as part of a sale of | ||||||
| 6 | all or part of the remediation site for which the credit | ||||||
| 7 | was granted. The purchaser of a remediation site and the | ||||||
| 8 | tax credit shall succeed to the unused credit and remaining | ||||||
| 9 | carry-forward period of the seller. To perfect the | ||||||
| 10 | transfer, the assignor shall record the transfer in the | ||||||
| 11 | chain of title for the site and provide written notice to | ||||||
| 12 | the Director of the Illinois Department of Revenue of the | ||||||
| 13 | assignor's intent to sell the remediation site and the | ||||||
| 14 | amount of the tax credit to be transferred as a portion of | ||||||
| 15 | the sale. In no event may a credit be transferred to any | ||||||
| 16 | taxpayer if the taxpayer or a related party would not be | ||||||
| 17 | eligible under the provisions of subsection (i). | ||||||
| 18 | (iii) For purposes of this Section, the term "site" | ||||||
| 19 | shall have the same meaning as under Section 58.2 of the | ||||||
| 20 | Environmental Protection Act. | ||||||
| 21 | (o) For each of taxable years during the Compassionate Use | ||||||
| 22 | of Medical Cannabis Program, a surcharge is imposed on all | ||||||
| 23 | taxpayers on income arising from the sale or exchange of | ||||||
| 24 | capital assets, depreciable business property, real property | ||||||
| 25 | used in the trade or business, and Section 197 intangibles of | ||||||
| 26 | an organization registrant under the Compassionate Use of | ||||||
| |||||||
| |||||||
| 1 | Medical Cannabis Program Act. The amount of the surcharge is | ||||||
| 2 | equal to the amount of federal income tax liability for the | ||||||
| 3 | taxable year attributable to those sales and exchanges. The | ||||||
| 4 | surcharge imposed does not apply if: | ||||||
| 5 | (1) the medical cannabis cultivation center | ||||||
| 6 | registration, medical cannabis dispensary registration, or | ||||||
| 7 | the property of a registration is transferred as a result | ||||||
| 8 | of any of the following: | ||||||
| 9 | (A) bankruptcy, a receivership, or a debt | ||||||
| 10 | adjustment initiated by or against the initial | ||||||
| 11 | registration or the substantial owners of the initial | ||||||
| 12 | registration; | ||||||
| 13 | (B) cancellation, revocation, or termination of | ||||||
| 14 | any registration by the Illinois Department of Public | ||||||
| 15 | Health; | ||||||
| 16 | (C) a determination by the Illinois Department of | ||||||
| 17 | Public Health that transfer of the registration is in | ||||||
| 18 | the best interests of Illinois qualifying patients as | ||||||
| 19 | defined by the Compassionate Use of Medical Cannabis | ||||||
| 20 | Program Act; | ||||||
| 21 | (D) the death of an owner of the equity interest in | ||||||
| 22 | a registrant; | ||||||
| 23 | (E) the acquisition of a controlling interest in | ||||||
| 24 | the stock or substantially all of the assets of a | ||||||
| 25 | publicly traded company; | ||||||
| 26 | (F) a transfer by a parent company to a wholly | ||||||
| |||||||
| |||||||
| 1 | owned subsidiary; or | ||||||
| 2 | (G) the transfer or sale to or by one person to | ||||||
| 3 | another person where both persons were initial owners | ||||||
| 4 | of the registration when the registration was issued; | ||||||
| 5 | or | ||||||
| 6 | (2) the cannabis cultivation center registration, | ||||||
| 7 | medical cannabis dispensary registration, or the | ||||||
| 8 | controlling interest in a registrant's property is | ||||||
| 9 | transferred in a transaction to lineal descendants in which | ||||||
| 10 | no gain or loss is recognized or as a result of a | ||||||
| 11 | transaction in accordance with Section 351 of the Internal | ||||||
| 12 | Revenue Code in which no gain or loss is recognized. | ||||||
| 13 | (Source: P.A. 100-22, eff. 7-6-17; 101-9, eff. 6-5-19; 101-31, | ||||||
| 14 | eff. 6-28-19; 101-207, eff. 8-2-19; 101-363, eff. 8-9-19; | ||||||
| 15 | revised 9-17-19.)
| ||||||
| 16 | (Text of Section after amendment by P.A. 101-8)
| ||||||
| 17 | Sec. 201. Tax imposed. | ||||||
| 18 | (a) In general. A tax measured by net income is hereby | ||||||
| 19 | imposed on every
individual, corporation, trust and estate for | ||||||
| 20 | each taxable year ending
after July 31, 1969 on the privilege | ||||||
| 21 | of earning or receiving income in or
as a resident of this | ||||||
| 22 | State. Such tax shall be in addition to all other
occupation or | ||||||
| 23 | privilege taxes imposed by this State or by any municipal
| ||||||
| 24 | corporation or political subdivision thereof. | ||||||
| 25 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
| |||||||
| |||||||
| 1 | Section shall be
determined as follows, except as adjusted by | ||||||
| 2 | subsection (d-1): | ||||||
| 3 | (1) In the case of an individual, trust or estate, for | ||||||
| 4 | taxable years
ending prior to July 1, 1989, an amount equal | ||||||
| 5 | to 2 1/2% of the taxpayer's
net income for the taxable | ||||||
| 6 | year. | ||||||
| 7 | (2) In the case of an individual, trust or estate, for | ||||||
| 8 | taxable years
beginning prior to July 1, 1989 and ending | ||||||
| 9 | after June 30, 1989, an amount
equal to the sum of (i) 2 | ||||||
| 10 | 1/2% of the taxpayer's net income for the period
prior to | ||||||
| 11 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
| 12 | 3% of the
taxpayer's net income for the period after June | ||||||
| 13 | 30, 1989, as calculated
under Section 202.3. | ||||||
| 14 | (3) In the case of an individual, trust or estate, for | ||||||
| 15 | taxable years
beginning after June 30, 1989, and ending | ||||||
| 16 | prior to January 1, 2011, an amount equal to 3% of the | ||||||
| 17 | taxpayer's net
income for the taxable year. | ||||||
| 18 | (4) In the case of an individual, trust, or estate, for | ||||||
| 19 | taxable years beginning prior to January 1, 2011, and | ||||||
| 20 | ending after December 31, 2010, an amount equal to the sum | ||||||
| 21 | of (i) 3% of the taxpayer's net income for the period prior | ||||||
| 22 | to January 1, 2011, as calculated under Section 202.5, and | ||||||
| 23 | (ii) 5% of the taxpayer's net income for the period after | ||||||
| 24 | December 31, 2010, as calculated under Section 202.5. | ||||||
| 25 | (5) In the case of an individual, trust, or estate, for | ||||||
| 26 | taxable years beginning on or after January 1, 2011, and | ||||||
| |||||||
| |||||||
| 1 | ending prior to January 1, 2015, an amount equal to 5% of | ||||||
| 2 | the taxpayer's net income for the taxable year. | ||||||
| 3 | (5.1) In the case of an individual, trust, or estate, | ||||||
| 4 | for taxable years beginning prior to January 1, 2015, and | ||||||
| 5 | ending after December 31, 2014, an amount equal to the sum | ||||||
| 6 | of (i) 5% of the taxpayer's net income for the period prior | ||||||
| 7 | to January 1, 2015, as calculated under Section 202.5, and | ||||||
| 8 | (ii) 3.75% of the taxpayer's net income for the period | ||||||
| 9 | after December 31, 2014, as calculated under Section 202.5. | ||||||
| 10 | (5.2) In the case of an individual, trust, or estate, | ||||||
| 11 | for taxable years beginning on or after January 1, 2015, | ||||||
| 12 | and ending prior to July 1, 2017, an amount equal to 3.75% | ||||||
| 13 | of the taxpayer's net income for the taxable year. | ||||||
| 14 | (5.3) In the case of an individual, trust, or estate, | ||||||
| 15 | for taxable years beginning prior to July 1, 2017, and | ||||||
| 16 | ending after June 30, 2017, an amount equal to the sum of | ||||||
| 17 | (i) 3.75% of the taxpayer's net income for the period prior | ||||||
| 18 | to July 1, 2017, as calculated under Section 202.5, and | ||||||
| 19 | (ii) 4.95% of the taxpayer's net income for the period | ||||||
| 20 | after June 30, 2017, as calculated under Section 202.5. | ||||||
| 21 | (5.4) In the case of an individual, trust, or estate, | ||||||
| 22 | for taxable years beginning on or after July 1, 2017 and | ||||||
| 23 | beginning prior to January 1, 2021, an amount equal to | ||||||
| 24 | 4.95% of the taxpayer's net income for the taxable year. | ||||||
| 25 | (5.5) In the case of an individual, trust, or estate, | ||||||
| 26 | for taxable years beginning on or after January 1, 2021, an | ||||||
| |||||||
| |||||||
| 1 | amount calculated under the rate structure set forth in | ||||||
| 2 | Section 201.1. | ||||||
| 3 | (6) In the case of a corporation, for taxable years
| ||||||
| 4 | ending prior to July 1, 1989, an amount equal to 4% of the
| ||||||
| 5 | taxpayer's net income for the taxable year. | ||||||
| 6 | (7) In the case of a corporation, for taxable years | ||||||
| 7 | beginning prior to
July 1, 1989 and ending after June 30, | ||||||
| 8 | 1989, an amount equal to the sum of
(i) 4% of the | ||||||
| 9 | taxpayer's net income for the period prior to July 1, 1989,
| ||||||
| 10 | as calculated under Section 202.3, and (ii) 4.8% of the | ||||||
| 11 | taxpayer's net
income for the period after June 30, 1989, | ||||||
| 12 | as calculated under Section
202.3. | ||||||
| 13 | (8) In the case of a corporation, for taxable years | ||||||
| 14 | beginning after
June 30, 1989, and ending prior to January | ||||||
| 15 | 1, 2011, an amount equal to 4.8% of the taxpayer's net | ||||||
| 16 | income for the
taxable year. | ||||||
| 17 | (9) In the case of a corporation, for taxable years | ||||||
| 18 | beginning prior to January 1, 2011, and ending after | ||||||
| 19 | December 31, 2010, an amount equal to the sum of (i) 4.8% | ||||||
| 20 | of the taxpayer's net income for the period prior to | ||||||
| 21 | January 1, 2011, as calculated under Section 202.5, and | ||||||
| 22 | (ii) 7% of the taxpayer's net income for the period after | ||||||
| 23 | December 31, 2010, as calculated under Section 202.5. | ||||||
| 24 | (10) In the case of a corporation, for taxable years | ||||||
| 25 | beginning on or after January 1, 2011, and ending prior to | ||||||
| 26 | January 1, 2015, an amount equal to 7% of the taxpayer's | ||||||
| |||||||
| |||||||
| 1 | net income for the taxable year. | ||||||
| 2 | (11) In the case of a corporation, for taxable years | ||||||
| 3 | beginning prior to January 1, 2015, and ending after | ||||||
| 4 | December 31, 2014, an amount equal to the sum of (i) 7% of | ||||||
| 5 | the taxpayer's net income for the period prior to January | ||||||
| 6 | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||||||
| 7 | of the taxpayer's net income for the period after December | ||||||
| 8 | 31, 2014, as calculated under Section 202.5. | ||||||
| 9 | (12) In the case of a corporation, for taxable years | ||||||
| 10 | beginning on or after January 1, 2015, and ending prior to | ||||||
| 11 | July 1, 2017, an amount equal to 5.25% of the taxpayer's | ||||||
| 12 | net income for the taxable year. | ||||||
| 13 | (13) In the case of a corporation, for taxable years | ||||||
| 14 | beginning prior to July 1, 2017, and ending after June 30, | ||||||
| 15 | 2017, an amount equal to the sum of (i) 5.25% of the | ||||||
| 16 | taxpayer's net income for the period prior to July 1, 2017, | ||||||
| 17 | as calculated under Section 202.5, and (ii) 7% of the | ||||||
| 18 | taxpayer's net income for the period after June 30, 2017, | ||||||
| 19 | as calculated under Section 202.5. | ||||||
| 20 | (14) In the case of a corporation, for taxable years | ||||||
| 21 | beginning on or after July 1, 2017 and beginning prior to | ||||||
| 22 | January 1, 2021, an amount equal to 7% of the taxpayer's | ||||||
| 23 | net income for the taxable year. | ||||||
| 24 | (15) In the case of a corporation, for taxable years | ||||||
| 25 | beginning on or after January 1, 2021, an amount equal to | ||||||
| 26 | 7.99% of the taxpayer's net income for the taxable year. | ||||||
| |||||||
| |||||||
| 1 | The rates under this subsection (b) are subject to the | ||||||
| 2 | provisions of Section 201.5. | ||||||
| 3 | (b-5) Surcharge; sale or exchange of assets, properties, | ||||||
| 4 | and intangibles of organization gaming licensees. For each of | ||||||
| 5 | taxable years 2019 through 2027, a surcharge is imposed on all | ||||||
| 6 | taxpayers on income arising from the sale or exchange of | ||||||
| 7 | capital assets, depreciable business property, real property | ||||||
| 8 | used in the trade or business, and Section 197 intangibles (i) | ||||||
| 9 | of an organization licensee under the Illinois Horse Racing Act | ||||||
| 10 | of 1975 and (ii) of an organization gaming licensee under the | ||||||
| 11 | Illinois Gambling Act. The amount of the surcharge is equal to | ||||||
| 12 | the amount of federal income tax liability for the taxable year | ||||||
| 13 | attributable to those sales and exchanges. The surcharge | ||||||
| 14 | imposed shall not apply if: | ||||||
| 15 | (1) the organization gaming license, organization | ||||||
| 16 | license, or racetrack property is transferred as a result | ||||||
| 17 | of any of the following: | ||||||
| 18 | (A) bankruptcy, a receivership, or a debt | ||||||
| 19 | adjustment initiated by or against the initial | ||||||
| 20 | licensee or the substantial owners of the initial | ||||||
| 21 | licensee; | ||||||
| 22 | (B) cancellation, revocation, or termination of | ||||||
| 23 | any such license by the Illinois Gaming Board or the | ||||||
| 24 | Illinois Racing Board; | ||||||
| 25 | (C) a determination by the Illinois Gaming Board | ||||||
| 26 | that transfer of the license is in the best interests | ||||||
| |||||||
| |||||||
| 1 | of Illinois gaming; | ||||||
| 2 | (D) the death of an owner of the equity interest in | ||||||
| 3 | a licensee; | ||||||
| 4 | (E) the acquisition of a controlling interest in | ||||||
| 5 | the stock or substantially all of the assets of a | ||||||
| 6 | publicly traded company; | ||||||
| 7 | (F) a transfer by a parent company to a wholly | ||||||
| 8 | owned subsidiary; or | ||||||
| 9 | (G) the transfer or sale to or by one person to | ||||||
| 10 | another person where both persons were initial owners | ||||||
| 11 | of the license when the license was issued; or | ||||||
| 12 | (2) the controlling interest in the organization | ||||||
| 13 | gaming license, organization license, or racetrack | ||||||
| 14 | property is transferred in a transaction to lineal | ||||||
| 15 | descendants in which no gain or loss is recognized or as a | ||||||
| 16 | result of a transaction in accordance with Section 351 of | ||||||
| 17 | the Internal Revenue Code in which no gain or loss is | ||||||
| 18 | recognized; or | ||||||
| 19 | (3) live horse racing was not conducted in 2010 at a | ||||||
| 20 | racetrack located within 3 miles of the Mississippi River | ||||||
| 21 | under a license issued pursuant to the Illinois Horse | ||||||
| 22 | Racing Act of 1975. | ||||||
| 23 | The transfer of an organization gaming license, | ||||||
| 24 | organization license, or racetrack property by a person other | ||||||
| 25 | than the initial licensee to receive the organization gaming | ||||||
| 26 | license is not subject to a surcharge. The Department shall | ||||||
| |||||||
| |||||||
| 1 | adopt rules necessary to implement and administer this | ||||||
| 2 | subsection. | ||||||
| 3 | (c) Personal Property Tax Replacement Income Tax.
| ||||||
| 4 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
| 5 | income
tax, there is also hereby imposed the Personal Property | ||||||
| 6 | Tax Replacement
Income Tax measured by net income on every | ||||||
| 7 | corporation (including Subchapter
S corporations), partnership | ||||||
| 8 | and trust, for each taxable year ending after
June 30, 1979. | ||||||
| 9 | Such taxes are imposed on the privilege of earning or
receiving | ||||||
| 10 | income in or as a resident of this State. The Personal Property
| ||||||
| 11 | Tax Replacement Income Tax shall be in addition to the income | ||||||
| 12 | tax imposed
by subsections (a) and (b) of this Section and in | ||||||
| 13 | addition to all other
occupation or privilege taxes imposed by | ||||||
| 14 | this State or by any municipal
corporation or political | ||||||
| 15 | subdivision thereof. | ||||||
| 16 | (d) Additional Personal Property Tax Replacement Income | ||||||
| 17 | Tax Rates.
The personal property tax replacement income tax | ||||||
| 18 | imposed by this subsection
and subsection (c) of this Section | ||||||
| 19 | in the case of a corporation, other
than a Subchapter S | ||||||
| 20 | corporation and except as adjusted by subsection (d-1),
shall | ||||||
| 21 | be an additional amount equal to
2.85% of such taxpayer's net | ||||||
| 22 | income for the taxable year, except that
beginning on January | ||||||
| 23 | 1, 1981, and thereafter, the rate of 2.85% specified
in this | ||||||
| 24 | subsection shall be reduced to 2.5%, and in the case of a
| ||||||
| 25 | partnership, trust or a Subchapter S corporation shall be an | ||||||
| 26 | additional
amount equal to 1.5% of such taxpayer's net income | ||||||
| |||||||
| |||||||
| 1 | for the taxable year. | ||||||
| 2 | (d-1) Rate reduction for certain foreign insurers. In the | ||||||
| 3 | case of a
foreign insurer, as defined by Section 35A-5 of the | ||||||
| 4 | Illinois Insurance Code,
whose state or country of domicile | ||||||
| 5 | imposes on insurers domiciled in Illinois
a retaliatory tax | ||||||
| 6 | (excluding any insurer
whose premiums from reinsurance assumed | ||||||
| 7 | are 50% or more of its total insurance
premiums as determined | ||||||
| 8 | under paragraph (2) of subsection (b) of Section 304,
except | ||||||
| 9 | that for purposes of this determination premiums from | ||||||
| 10 | reinsurance do
not include premiums from inter-affiliate | ||||||
| 11 | reinsurance arrangements),
beginning with taxable years ending | ||||||
| 12 | on or after December 31, 1999,
the sum of
the rates of tax | ||||||
| 13 | imposed by subsections (b) and (d) shall be reduced (but not
| ||||||
| 14 | increased) to the rate at which the total amount of tax imposed | ||||||
| 15 | under this Act,
net of all credits allowed under this Act, | ||||||
| 16 | shall equal (i) the total amount of
tax that would be imposed | ||||||
| 17 | on the foreign insurer's net income allocable to
Illinois for | ||||||
| 18 | the taxable year by such foreign insurer's state or country of
| ||||||
| 19 | domicile if that net income were subject to all income taxes | ||||||
| 20 | and taxes
measured by net income imposed by such foreign | ||||||
| 21 | insurer's state or country of
domicile, net of all credits | ||||||
| 22 | allowed or (ii) a rate of zero if no such tax is
imposed on such | ||||||
| 23 | income by the foreign insurer's state of domicile.
For the | ||||||
| 24 | purposes of this subsection (d-1), an inter-affiliate includes | ||||||
| 25 | a
mutual insurer under common management. | ||||||
| 26 | (1) For the purposes of subsection (d-1), in no event | ||||||
| |||||||
| |||||||
| 1 | shall the sum of the
rates of tax imposed by subsections | ||||||
| 2 | (b) and (d) be reduced below the rate at
which the sum of: | ||||||
| 3 | (A) the total amount of tax imposed on such foreign | ||||||
| 4 | insurer under
this Act for a taxable year, net of all | ||||||
| 5 | credits allowed under this Act, plus | ||||||
| 6 | (B) the privilege tax imposed by Section 409 of the | ||||||
| 7 | Illinois Insurance
Code, the fire insurance company | ||||||
| 8 | tax imposed by Section 12 of the Fire
Investigation | ||||||
| 9 | Act, and the fire department taxes imposed under | ||||||
| 10 | Section 11-10-1
of the Illinois Municipal Code, | ||||||
| 11 | equals 1.25% for taxable years ending prior to December 31, | ||||||
| 12 | 2003, or
1.75% for taxable years ending on or after | ||||||
| 13 | December 31, 2003, of the net
taxable premiums written for | ||||||
| 14 | the taxable year,
as described by subsection (1) of Section | ||||||
| 15 | 409 of the Illinois Insurance Code.
This paragraph will in | ||||||
| 16 | no event increase the rates imposed under subsections
(b) | ||||||
| 17 | and (d). | ||||||
| 18 | (2) Any reduction in the rates of tax imposed by this | ||||||
| 19 | subsection shall be
applied first against the rates imposed | ||||||
| 20 | by subsection (b) and only after the
tax imposed by | ||||||
| 21 | subsection (a) net of all credits allowed under this | ||||||
| 22 | Section
other than the credit allowed under subsection (i) | ||||||
| 23 | has been reduced to zero,
against the rates imposed by | ||||||
| 24 | subsection (d). | ||||||
| 25 | This subsection (d-1) is exempt from the provisions of | ||||||
| 26 | Section 250. | ||||||
| |||||||
| |||||||
| 1 | (e) Investment credit. A taxpayer shall be allowed a credit
| ||||||
| 2 | against the Personal Property Tax Replacement Income Tax for
| ||||||
| 3 | investment in qualified property. | ||||||
| 4 | (1) A taxpayer shall be allowed a credit equal to .5% | ||||||
| 5 | of
the basis of qualified property placed in service during | ||||||
| 6 | the taxable year,
provided such property is placed in | ||||||
| 7 | service on or after
July 1, 1984. There shall be allowed an | ||||||
| 8 | additional credit equal
to .5% of the basis of qualified | ||||||
| 9 | property placed in service during the
taxable year, | ||||||
| 10 | provided such property is placed in service on or
after | ||||||
| 11 | July 1, 1986, and the taxpayer's base employment
within | ||||||
| 12 | Illinois has increased by 1% or more over the preceding | ||||||
| 13 | year as
determined by the taxpayer's employment records | ||||||
| 14 | filed with the
Illinois Department of Employment Security. | ||||||
| 15 | Taxpayers who are new to
Illinois shall be deemed to have | ||||||
| 16 | met the 1% growth in base employment for
the first year in | ||||||
| 17 | which they file employment records with the Illinois
| ||||||
| 18 | Department of Employment Security. The provisions added to | ||||||
| 19 | this Section by
Public Act 85-1200 (and restored by Public | ||||||
| 20 | Act 87-895) shall be
construed as declaratory of existing | ||||||
| 21 | law and not as a new enactment. If,
in any year, the | ||||||
| 22 | increase in base employment within Illinois over the
| ||||||
| 23 | preceding year is less than 1%, the additional credit shall | ||||||
| 24 | be limited to that
percentage times a fraction, the | ||||||
| 25 | numerator of which is .5% and the denominator
of which is | ||||||
| 26 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
| |||||||
| |||||||
| 1 | not be
allowed to the extent that it would reduce a | ||||||
| 2 | taxpayer's liability in any tax
year below zero, nor may | ||||||
| 3 | any credit for qualified property be allowed for any
year | ||||||
| 4 | other than the year in which the property was placed in | ||||||
| 5 | service in
Illinois. For tax years ending on or after | ||||||
| 6 | December 31, 1987, and on or
before December 31, 1988, the | ||||||
| 7 | credit shall be allowed for the tax year in
which the | ||||||
| 8 | property is placed in service, or, if the amount of the | ||||||
| 9 | credit
exceeds the tax liability for that year, whether it | ||||||
| 10 | exceeds the original
liability or the liability as later | ||||||
| 11 | amended, such excess may be carried
forward and applied to | ||||||
| 12 | the tax liability of the 5 taxable years following
the | ||||||
| 13 | excess credit years if the taxpayer (i) makes investments | ||||||
| 14 | which cause
the creation of a minimum of 2,000 full-time | ||||||
| 15 | equivalent jobs in Illinois,
(ii) is located in an | ||||||
| 16 | enterprise zone established pursuant to the Illinois
| ||||||
| 17 | Enterprise Zone Act and (iii) is certified by the | ||||||
| 18 | Department of Commerce
and Community Affairs (now | ||||||
| 19 | Department of Commerce and Economic Opportunity) as | ||||||
| 20 | complying with the requirements specified in
clause (i) and | ||||||
| 21 | (ii) by July 1, 1986. The Department of Commerce and
| ||||||
| 22 | Community Affairs (now Department of Commerce and Economic | ||||||
| 23 | Opportunity) shall notify the Department of Revenue of all | ||||||
| 24 | such
certifications immediately. For tax years ending | ||||||
| 25 | after December 31, 1988,
the credit shall be allowed for | ||||||
| 26 | the tax year in which the property is
placed in service, | ||||||
| |||||||
| |||||||
| 1 | or, if the amount of the credit exceeds the tax
liability | ||||||
| 2 | for that year, whether it exceeds the original liability or | ||||||
| 3 | the
liability as later amended, such excess may be carried | ||||||
| 4 | forward and applied
to the tax liability of the 5 taxable | ||||||
| 5 | years following the excess credit
years. The credit shall | ||||||
| 6 | be applied to the earliest year for which there is
a | ||||||
| 7 | liability. If there is credit from more than one tax year | ||||||
| 8 | that is
available to offset a liability, earlier credit | ||||||
| 9 | shall be applied first. | ||||||
| 10 | (2) The term "qualified property" means property | ||||||
| 11 | which: | ||||||
| 12 | (A) is tangible, whether new or used, including | ||||||
| 13 | buildings and structural
components of buildings and | ||||||
| 14 | signs that are real property, but not including
land or | ||||||
| 15 | improvements to real property that are not a structural | ||||||
| 16 | component of a
building such as landscaping, sewer | ||||||
| 17 | lines, local access roads, fencing, parking
lots, and | ||||||
| 18 | other appurtenances; | ||||||
| 19 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 20 | Internal Revenue Code,
except that "3-year property" | ||||||
| 21 | as defined in Section 168(c)(2)(A) of that
Code is not | ||||||
| 22 | eligible for the credit provided by this subsection | ||||||
| 23 | (e); | ||||||
| 24 | (C) is acquired by purchase as defined in Section | ||||||
| 25 | 179(d) of
the Internal Revenue Code; | ||||||
| 26 | (D) is used in Illinois by a taxpayer who is | ||||||
| |||||||
| |||||||
| 1 | primarily engaged in
manufacturing, or in mining coal | ||||||
| 2 | or fluorite, or in retailing, or was placed in service | ||||||
| 3 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
| 4 | Zone established pursuant to the River Edge | ||||||
| 5 | Redevelopment Zone Act; and | ||||||
| 6 | (E) has not previously been used in Illinois in | ||||||
| 7 | such a manner and by
such a person as would qualify for | ||||||
| 8 | the credit provided by this subsection
(e) or | ||||||
| 9 | subsection (f). | ||||||
| 10 | (3) For purposes of this subsection (e), | ||||||
| 11 | "manufacturing" means
the material staging and production | ||||||
| 12 | of tangible personal property by
procedures commonly | ||||||
| 13 | regarded as manufacturing, processing, fabrication, or
| ||||||
| 14 | assembling which changes some existing material into new | ||||||
| 15 | shapes, new
qualities, or new combinations. For purposes of | ||||||
| 16 | this subsection
(e) the term "mining" shall have the same | ||||||
| 17 | meaning as the term "mining" in
Section 613(c) of the | ||||||
| 18 | Internal Revenue Code. For purposes of this subsection
(e), | ||||||
| 19 | the term "retailing" means the sale of tangible personal | ||||||
| 20 | property for use or consumption and not for resale, or
| ||||||
| 21 | services rendered in conjunction with the sale of tangible | ||||||
| 22 | personal property for use or consumption and not for | ||||||
| 23 | resale. For purposes of this subsection (e), "tangible | ||||||
| 24 | personal property" has the same meaning as when that term | ||||||
| 25 | is used in the Retailers' Occupation Tax Act, and, for | ||||||
| 26 | taxable years ending after December 31, 2008, does not | ||||||
| |||||||
| |||||||
| 1 | include the generation, transmission, or distribution of | ||||||
| 2 | electricity. | ||||||
| 3 | (4) The basis of qualified property shall be the basis
| ||||||
| 4 | used to compute the depreciation deduction for federal | ||||||
| 5 | income tax purposes. | ||||||
| 6 | (5) If the basis of the property for federal income tax | ||||||
| 7 | depreciation
purposes is increased after it has been placed | ||||||
| 8 | in service in Illinois by
the taxpayer, the amount of such | ||||||
| 9 | increase shall be deemed property placed
in service on the | ||||||
| 10 | date of such increase in basis. | ||||||
| 11 | (6) The term "placed in service" shall have the same
| ||||||
| 12 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
| 13 | (7) If during any taxable year, any property ceases to
| ||||||
| 14 | be qualified property in the hands of the taxpayer within | ||||||
| 15 | 48 months after
being placed in service, or the situs of | ||||||
| 16 | any qualified property is
moved outside Illinois within 48 | ||||||
| 17 | months after being placed in service, the
Personal Property | ||||||
| 18 | Tax Replacement Income Tax for such taxable year shall be
| ||||||
| 19 | increased. Such increase shall be determined by (i) | ||||||
| 20 | recomputing the
investment credit which would have been | ||||||
| 21 | allowed for the year in which
credit for such property was | ||||||
| 22 | originally allowed by eliminating such
property from such | ||||||
| 23 | computation and, (ii) subtracting such recomputed credit
| ||||||
| 24 | from the amount of credit previously allowed. For the | ||||||
| 25 | purposes of this
paragraph (7), a reduction of the basis of | ||||||
| 26 | qualified property resulting
from a redetermination of the | ||||||
| |||||||
| |||||||
| 1 | purchase price shall be deemed a disposition
of qualified | ||||||
| 2 | property to the extent of such reduction. | ||||||
| 3 | (8) Unless the investment credit is extended by law, | ||||||
| 4 | the
basis of qualified property shall not include costs | ||||||
| 5 | incurred after
December 31, 2018, except for costs incurred | ||||||
| 6 | pursuant to a binding
contract entered into on or before | ||||||
| 7 | December 31, 2018. | ||||||
| 8 | (9) Each taxable year ending before December 31, 2000, | ||||||
| 9 | a partnership may
elect to pass through to its
partners the | ||||||
| 10 | credits to which the partnership is entitled under this | ||||||
| 11 | subsection
(e) for the taxable year. A partner may use the | ||||||
| 12 | credit allocated to him or her
under this paragraph only | ||||||
| 13 | against the tax imposed in subsections (c) and (d) of
this | ||||||
| 14 | Section. If the partnership makes that election, those | ||||||
| 15 | credits shall be
allocated among the partners in the | ||||||
| 16 | partnership in accordance with the rules
set forth in | ||||||
| 17 | Section 704(b) of the Internal Revenue Code, and the rules
| ||||||
| 18 | promulgated under that Section, and the allocated amount of | ||||||
| 19 | the credits shall
be allowed to the partners for that | ||||||
| 20 | taxable year. The partnership shall make
this election on | ||||||
| 21 | its Personal Property Tax Replacement Income Tax return for
| ||||||
| 22 | that taxable year. The election to pass through the credits | ||||||
| 23 | shall be
irrevocable. | ||||||
| 24 | For taxable years ending on or after December 31, 2000, | ||||||
| 25 | a
partner that qualifies its
partnership for a subtraction | ||||||
| 26 | under subparagraph (I) of paragraph (2) of
subsection (d) | ||||||
| |||||||
| |||||||
| 1 | of Section 203 or a shareholder that qualifies a Subchapter | ||||||
| 2 | S
corporation for a subtraction under subparagraph (S) of | ||||||
| 3 | paragraph (2) of
subsection (b) of Section 203 shall be | ||||||
| 4 | allowed a credit under this subsection
(e) equal to its | ||||||
| 5 | share of the credit earned under this subsection (e) during
| ||||||
| 6 | the taxable year by the partnership or Subchapter S | ||||||
| 7 | corporation, determined in
accordance with the | ||||||
| 8 | determination of income and distributive share of
income | ||||||
| 9 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
| 10 | Revenue
Code. This paragraph is exempt from the provisions | ||||||
| 11 | of Section 250. | ||||||
| 12 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
| 13 | Redevelopment Zone. | ||||||
| 14 | (1) A taxpayer shall be allowed a credit against the | ||||||
| 15 | tax imposed
by subsections (a) and (b) of this Section for | ||||||
| 16 | investment in qualified
property which is placed in service | ||||||
| 17 | in an Enterprise Zone created
pursuant to the Illinois | ||||||
| 18 | Enterprise Zone Act or, for property placed in service on | ||||||
| 19 | or after July 1, 2006, a River Edge Redevelopment Zone | ||||||
| 20 | established pursuant to the River Edge Redevelopment Zone | ||||||
| 21 | Act. For partners, shareholders
of Subchapter S | ||||||
| 22 | corporations, and owners of limited liability companies,
| ||||||
| 23 | if the liability company is treated as a partnership for | ||||||
| 24 | purposes of
federal and State income taxation, there shall | ||||||
| 25 | be allowed a credit under
this subsection (f) to be | ||||||
| 26 | determined in accordance with the determination
of income | ||||||
| |||||||
| |||||||
| 1 | and distributive share of income under Sections 702 and 704 | ||||||
| 2 | and
Subchapter S of the Internal Revenue Code. The credit | ||||||
| 3 | shall be .5% of the
basis for such property. The credit | ||||||
| 4 | shall be available only in the taxable
year in which the | ||||||
| 5 | property is placed in service in the Enterprise Zone or | ||||||
| 6 | River Edge Redevelopment Zone and
shall not be allowed to | ||||||
| 7 | the extent that it would reduce a taxpayer's
liability for | ||||||
| 8 | the tax imposed by subsections (a) and (b) of this Section | ||||||
| 9 | to
below zero. For tax years ending on or after December | ||||||
| 10 | 31, 1985, the credit
shall be allowed for the tax year in | ||||||
| 11 | which the property is placed in
service, or, if the amount | ||||||
| 12 | of the credit exceeds the tax liability for that
year, | ||||||
| 13 | whether it exceeds the original liability or the liability | ||||||
| 14 | as later
amended, such excess may be carried forward and | ||||||
| 15 | applied to the tax
liability of the 5 taxable years | ||||||
| 16 | following the excess credit year.
The credit shall be | ||||||
| 17 | applied to the earliest year for which there is a
| ||||||
| 18 | liability. If there is credit from more than one tax year | ||||||
| 19 | that is available
to offset a liability, the credit | ||||||
| 20 | accruing first in time shall be applied
first. | ||||||
| 21 | (2) The term qualified property means property which: | ||||||
| 22 | (A) is tangible, whether new or used, including | ||||||
| 23 | buildings and
structural components of buildings; | ||||||
| 24 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 25 | Internal Revenue
Code, except that "3-year property" | ||||||
| 26 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
| |||||||
| |||||||
| 1 | eligible for the credit provided by this subsection | ||||||
| 2 | (f); | ||||||
| 3 | (C) is acquired by purchase as defined in Section | ||||||
| 4 | 179(d) of
the Internal Revenue Code; | ||||||
| 5 | (D) is used in the Enterprise Zone or River Edge | ||||||
| 6 | Redevelopment Zone by the taxpayer; and | ||||||
| 7 | (E) has not been previously used in Illinois in | ||||||
| 8 | such a manner and by
such a person as would qualify for | ||||||
| 9 | the credit provided by this subsection
(f) or | ||||||
| 10 | subsection (e). | ||||||
| 11 | (3) The basis of qualified property shall be the basis | ||||||
| 12 | used to compute
the depreciation deduction for federal | ||||||
| 13 | income tax purposes. | ||||||
| 14 | (4) If the basis of the property for federal income tax | ||||||
| 15 | depreciation
purposes is increased after it has been placed | ||||||
| 16 | in service in the Enterprise
Zone or River Edge | ||||||
| 17 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
| 18 | increase shall be deemed property
placed in service on the | ||||||
| 19 | date of such increase in basis. | ||||||
| 20 | (5) The term "placed in service" shall have the same | ||||||
| 21 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
| 22 | (6) If during any taxable year, any property ceases to | ||||||
| 23 | be qualified
property in the hands of the taxpayer within | ||||||
| 24 | 48 months after being placed
in service, or the situs of | ||||||
| 25 | any qualified property is moved outside the
Enterprise Zone | ||||||
| 26 | or River Edge Redevelopment Zone within 48 months after | ||||||
| |||||||
| |||||||
| 1 | being placed in service, the tax
imposed under subsections | ||||||
| 2 | (a) and (b) of this Section for such taxable year
shall be | ||||||
| 3 | increased. Such increase shall be determined by (i) | ||||||
| 4 | recomputing
the investment credit which would have been | ||||||
| 5 | allowed for the year in which
credit for such property was | ||||||
| 6 | originally allowed by eliminating such
property from such | ||||||
| 7 | computation, and (ii) subtracting such recomputed credit
| ||||||
| 8 | from the amount of credit previously allowed. For the | ||||||
| 9 | purposes of this
paragraph (6), a reduction of the basis of | ||||||
| 10 | qualified property resulting
from a redetermination of the | ||||||
| 11 | purchase price shall be deemed a disposition
of qualified | ||||||
| 12 | property to the extent of such reduction. | ||||||
| 13 | (7) There shall be allowed an additional credit equal | ||||||
| 14 | to 0.5% of the basis of qualified property placed in | ||||||
| 15 | service during the taxable year in a River Edge | ||||||
| 16 | Redevelopment Zone, provided such property is placed in | ||||||
| 17 | service on or after July 1, 2006, and the taxpayer's base | ||||||
| 18 | employment within Illinois has increased by 1% or more over | ||||||
| 19 | the preceding year as determined by the taxpayer's | ||||||
| 20 | employment records filed with the Illinois Department of | ||||||
| 21 | Employment Security. Taxpayers who are new to Illinois | ||||||
| 22 | shall be deemed to have met the 1% growth in base | ||||||
| 23 | employment for the first year in which they file employment | ||||||
| 24 | records with the Illinois Department of Employment | ||||||
| 25 | Security. If, in any year, the increase in base employment | ||||||
| 26 | within Illinois over the preceding year is less than 1%, | ||||||
| |||||||
| |||||||
| 1 | the additional credit shall be limited to that percentage | ||||||
| 2 | times a fraction, the numerator of which is 0.5% and the | ||||||
| 3 | denominator of which is 1%, but shall not exceed 0.5%.
| ||||||
| 4 | (8) For taxable years beginning on or after January 1, | ||||||
| 5 | 2021, there shall be allowed an Enterprise Zone | ||||||
| 6 | construction jobs credit against the taxes imposed under | ||||||
| 7 | subsections (a) and (b) of this Section as provided in | ||||||
| 8 | Section 13 of the Illinois Enterprise Zone Act. | ||||||
| 9 | The credit or credits may not reduce the taxpayer's | ||||||
| 10 | liability to less than zero. If the amount of the credit or | ||||||
| 11 | credits exceeds the taxpayer's liability, the excess may be | ||||||
| 12 | carried forward and applied against the taxpayer's | ||||||
| 13 | liability in succeeding calendar years in the same manner | ||||||
| 14 | provided under paragraph (4) of Section 211 of this Act. | ||||||
| 15 | The credit or credits shall be applied to the earliest year | ||||||
| 16 | for which there is a tax liability. If there are credits | ||||||
| 17 | from more than one taxable year that are available to | ||||||
| 18 | offset a liability, the earlier credit shall be applied | ||||||
| 19 | first. | ||||||
| 20 | For partners, shareholders of Subchapter S | ||||||
| 21 | corporations, and owners of limited liability companies, | ||||||
| 22 | if the liability company is treated as a partnership for | ||||||
| 23 | the purposes of federal and State income taxation, there | ||||||
| 24 | shall be allowed a credit under this Section to be | ||||||
| 25 | determined in accordance with the determination of income | ||||||
| 26 | and distributive share of income under Sections 702 and 704 | ||||||
| |||||||
| |||||||
| 1 | and Subchapter S of the Internal Revenue Code. | ||||||
| 2 | The total aggregate amount of credits awarded under the | ||||||
| 3 | Blue Collar Jobs Act (Article 20 of Public Act 101-9 this | ||||||
| 4 | amendatory Act of the 101st General Assembly) shall not | ||||||
| 5 | exceed $20,000,000 in any State fiscal year. | ||||||
| 6 | This paragraph (8) is exempt from the provisions of | ||||||
| 7 | Section 250. | ||||||
| 8 | (g) (Blank). | ||||||
| 9 | (h) Investment credit; High Impact Business. | ||||||
| 10 | (1) Subject to subsections (b) and (b-5) of Section
5.5 | ||||||
| 11 | of the Illinois Enterprise Zone Act, a taxpayer shall be | ||||||
| 12 | allowed a credit
against the tax imposed by subsections (a) | ||||||
| 13 | and (b) of this Section for
investment in qualified
| ||||||
| 14 | property which is placed in service by a Department of | ||||||
| 15 | Commerce and Economic Opportunity
designated High Impact | ||||||
| 16 | Business. The credit shall be .5% of the basis
for such | ||||||
| 17 | property. The credit shall not be available (i) until the | ||||||
| 18 | minimum
investments in qualified property set forth in | ||||||
| 19 | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| ||||||
| 20 | Enterprise Zone Act have been satisfied
or (ii) until the | ||||||
| 21 | time authorized in subsection (b-5) of the Illinois
| ||||||
| 22 | Enterprise Zone Act for entities designated as High Impact | ||||||
| 23 | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
| 24 | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone | ||||||
| 25 | Act, and shall not be allowed to the extent that it would
| ||||||
| 26 | reduce a taxpayer's liability for the tax imposed by | ||||||
| |||||||
| |||||||
| 1 | subsections (a) and (b) of
this Section to below zero. The | ||||||
| 2 | credit applicable to such investments shall be
taken in the | ||||||
| 3 | taxable year in which such investments have been completed. | ||||||
| 4 | The
credit for additional investments beyond the minimum | ||||||
| 5 | investment by a designated
high impact business authorized | ||||||
| 6 | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois | ||||||
| 7 | Enterprise Zone Act shall be available only in the taxable | ||||||
| 8 | year in
which the property is placed in service and shall | ||||||
| 9 | not be allowed to the extent
that it would reduce a | ||||||
| 10 | taxpayer's liability for the tax imposed by subsections
(a) | ||||||
| 11 | and (b) of this Section to below zero.
For tax years ending | ||||||
| 12 | on or after December 31, 1987, the credit shall be
allowed | ||||||
| 13 | for the tax year in which the property is placed in | ||||||
| 14 | service, or, if
the amount of the credit exceeds the tax | ||||||
| 15 | liability for that year, whether
it exceeds the original | ||||||
| 16 | liability or the liability as later amended, such
excess | ||||||
| 17 | may be carried forward and applied to the tax liability of | ||||||
| 18 | the 5
taxable years following the excess credit year. The | ||||||
| 19 | credit shall be
applied to the earliest year for which | ||||||
| 20 | there is a liability. If there is
credit from more than one | ||||||
| 21 | tax year that is available to offset a liability,
the | ||||||
| 22 | credit accruing first in time shall be applied first. | ||||||
| 23 | Changes made in this subdivision (h)(1) by Public Act | ||||||
| 24 | 88-670
restore changes made by Public Act 85-1182 and | ||||||
| 25 | reflect existing law. | ||||||
| 26 | (2) The term qualified property means property which: | ||||||
| |||||||
| |||||||
| 1 | (A) is tangible, whether new or used, including | ||||||
| 2 | buildings and
structural components of buildings; | ||||||
| 3 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 4 | Internal Revenue
Code, except that "3-year property" | ||||||
| 5 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
| 6 | eligible for the credit provided by this subsection | ||||||
| 7 | (h); | ||||||
| 8 | (C) is acquired by purchase as defined in Section | ||||||
| 9 | 179(d) of the
Internal Revenue Code; and | ||||||
| 10 | (D) is not eligible for the Enterprise Zone | ||||||
| 11 | Investment Credit provided
by subsection (f) of this | ||||||
| 12 | Section. | ||||||
| 13 | (3) The basis of qualified property shall be the basis | ||||||
| 14 | used to compute
the depreciation deduction for federal | ||||||
| 15 | income tax purposes. | ||||||
| 16 | (4) If the basis of the property for federal income tax | ||||||
| 17 | depreciation
purposes is increased after it has been placed | ||||||
| 18 | in service in a federally
designated Foreign Trade Zone or | ||||||
| 19 | Sub-Zone located in Illinois by the taxpayer,
the amount of | ||||||
| 20 | such increase shall be deemed property placed in service on
| ||||||
| 21 | the date of such increase in basis. | ||||||
| 22 | (5) The term "placed in service" shall have the same | ||||||
| 23 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
| 24 | (6) If during any taxable year ending on or before | ||||||
| 25 | December 31, 1996,
any property ceases to be qualified
| ||||||
| 26 | property in the hands of the taxpayer within 48 months | ||||||
| |||||||
| |||||||
| 1 | after being placed
in service, or the situs of any | ||||||
| 2 | qualified property is moved outside
Illinois within 48 | ||||||
| 3 | months after being placed in service, the tax imposed
under | ||||||
| 4 | subsections (a) and (b) of this Section for such taxable | ||||||
| 5 | year shall
be increased. Such increase shall be determined | ||||||
| 6 | by (i) recomputing the
investment credit which would have | ||||||
| 7 | been allowed for the year in which
credit for such property | ||||||
| 8 | was originally allowed by eliminating such
property from | ||||||
| 9 | such computation, and (ii) subtracting such recomputed | ||||||
| 10 | credit
from the amount of credit previously allowed. For | ||||||
| 11 | the purposes of this
paragraph (6), a reduction of the | ||||||
| 12 | basis of qualified property resulting
from a | ||||||
| 13 | redetermination of the purchase price shall be deemed a | ||||||
| 14 | disposition
of qualified property to the extent of such | ||||||
| 15 | reduction. | ||||||
| 16 | (7) Beginning with tax years ending after December 31, | ||||||
| 17 | 1996, if a
taxpayer qualifies for the credit under this | ||||||
| 18 | subsection (h) and thereby is
granted a tax abatement and | ||||||
| 19 | the taxpayer relocates its entire facility in
violation of | ||||||
| 20 | the explicit terms and length of the contract under Section
| ||||||
| 21 | 18-183 of the Property Tax Code, the tax imposed under | ||||||
| 22 | subsections
(a) and (b) of this Section shall be increased | ||||||
| 23 | for the taxable year
in which the taxpayer relocated its | ||||||
| 24 | facility by an amount equal to the
amount of credit | ||||||
| 25 | received by the taxpayer under this subsection (h). | ||||||
| 26 | (h-5) High Impact Business construction constructions jobs | ||||||
| |||||||
| |||||||
| 1 | credit. For taxable years beginning on or after January 1, | ||||||
| 2 | 2021, there shall also be allowed a High Impact Business | ||||||
| 3 | construction jobs credit against the tax imposed under | ||||||
| 4 | subsections (a) and (b) of this Section as provided in | ||||||
| 5 | subsections (i) and (j) of Section 5.5 of the Illinois | ||||||
| 6 | Enterprise Zone Act. | ||||||
| 7 | The credit or credits may not reduce the taxpayer's | ||||||
| 8 | liability to less than zero. If the amount of the credit or | ||||||
| 9 | credits exceeds the taxpayer's liability, the excess may be | ||||||
| 10 | carried forward and applied against the taxpayer's liability in | ||||||
| 11 | succeeding calendar years in the manner provided under | ||||||
| 12 | paragraph (4) of Section 211 of this Act. The credit or credits | ||||||
| 13 | shall be applied to the earliest year for which there is a tax | ||||||
| 14 | liability. If there are credits from more than one taxable year | ||||||
| 15 | that are available to offset a liability, the earlier credit | ||||||
| 16 | shall be applied first. | ||||||
| 17 | For partners, shareholders of Subchapter S corporations, | ||||||
| 18 | and owners of limited liability companies, if the liability | ||||||
| 19 | company is treated as a partnership for the purposes of federal | ||||||
| 20 | and State income taxation, there shall be allowed a credit | ||||||
| 21 | under this Section to be determined in accordance with the | ||||||
| 22 | determination of income and distributive share of income under | ||||||
| 23 | Sections 702 and 704 and Subchapter S of the Internal Revenue | ||||||
| 24 | Code. | ||||||
| 25 | The total aggregate amount of credits awarded under the | ||||||
| 26 | Blue Collar Jobs Act (Article 20 of Public Act 101-9 this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 101st General Assembly) shall not exceed | ||||||
| 2 | $20,000,000 in any State fiscal year. | ||||||
| 3 | This subsection (h-5) is exempt from the provisions of | ||||||
| 4 | Section 250. | ||||||
| 5 | (i) Credit for Personal Property Tax Replacement Income | ||||||
| 6 | Tax.
For tax years ending prior to December 31, 2003, a credit | ||||||
| 7 | shall be allowed
against the tax imposed by
subsections (a) and | ||||||
| 8 | (b) of this Section for the tax imposed by subsections (c)
and | ||||||
| 9 | (d) of this Section. This credit shall be computed by | ||||||
| 10 | multiplying the tax
imposed by subsections (c) and (d) of this | ||||||
| 11 | Section by a fraction, the numerator
of which is base income | ||||||
| 12 | allocable to Illinois and the denominator of which is
Illinois | ||||||
| 13 | base income, and further multiplying the product by the tax | ||||||
| 14 | rate
imposed by subsections (a) and (b) of this Section. | ||||||
| 15 | Any credit earned on or after December 31, 1986 under
this | ||||||
| 16 | subsection which is unused in the year
the credit is computed | ||||||
| 17 | because it exceeds the tax liability imposed by
subsections (a) | ||||||
| 18 | and (b) for that year (whether it exceeds the original
| ||||||
| 19 | liability or the liability as later amended) may be carried | ||||||
| 20 | forward and
applied to the tax liability imposed by subsections | ||||||
| 21 | (a) and (b) of the 5
taxable years following the excess credit | ||||||
| 22 | year, provided that no credit may
be carried forward to any | ||||||
| 23 | year ending on or
after December 31, 2003. This credit shall be
| ||||||
| 24 | applied first to the earliest year for which there is a | ||||||
| 25 | liability. If
there is a credit under this subsection from more | ||||||
| 26 | than one tax year that is
available to offset a liability the | ||||||
| |||||||
| |||||||
| 1 | earliest credit arising under this
subsection shall be applied | ||||||
| 2 | first. | ||||||
| 3 | If, during any taxable year ending on or after December 31, | ||||||
| 4 | 1986, the
tax imposed by subsections (c) and (d) of this | ||||||
| 5 | Section for which a taxpayer
has claimed a credit under this | ||||||
| 6 | subsection (i) is reduced, the amount of
credit for such tax | ||||||
| 7 | shall also be reduced. Such reduction shall be
determined by | ||||||
| 8 | recomputing the credit to take into account the reduced tax
| ||||||
| 9 | imposed by subsections (c) and (d). If any portion of the
| ||||||
| 10 | reduced amount of credit has been carried to a different | ||||||
| 11 | taxable year, an
amended return shall be filed for such taxable | ||||||
| 12 | year to reduce the amount of
credit claimed. | ||||||
| 13 | (j) Training expense credit. Beginning with tax years | ||||||
| 14 | ending on or
after December 31, 1986 and prior to December 31, | ||||||
| 15 | 2003, a taxpayer shall be
allowed a credit against the
tax | ||||||
| 16 | imposed by subsections (a) and (b) under this Section
for all | ||||||
| 17 | amounts paid or accrued, on behalf of all persons
employed by | ||||||
| 18 | the taxpayer in Illinois or Illinois residents employed
outside | ||||||
| 19 | of Illinois by a taxpayer, for educational or vocational | ||||||
| 20 | training in
semi-technical or technical fields or semi-skilled | ||||||
| 21 | or skilled fields, which
were deducted from gross income in the | ||||||
| 22 | computation of taxable income. The
credit against the tax | ||||||
| 23 | imposed by subsections (a) and (b) shall be 1.6% of
such | ||||||
| 24 | training expenses. For partners, shareholders of subchapter S
| ||||||
| 25 | corporations, and owners of limited liability companies, if the | ||||||
| 26 | liability
company is treated as a partnership for purposes of | ||||||
| |||||||
| |||||||
| 1 | federal and State income
taxation, there shall be allowed a | ||||||
| 2 | credit under this subsection (j) to be
determined in accordance | ||||||
| 3 | with the determination of income and distributive
share of | ||||||
| 4 | income under Sections 702 and 704 and subchapter S of the | ||||||
| 5 | Internal
Revenue Code. | ||||||
| 6 | Any credit allowed under this subsection which is unused in | ||||||
| 7 | the year
the credit is earned may be carried forward to each of | ||||||
| 8 | the 5 taxable
years following the year for which the credit is | ||||||
| 9 | first computed until it is
used. This credit shall be applied | ||||||
| 10 | first to the earliest year for which
there is a liability. If | ||||||
| 11 | there is a credit under this subsection from more
than one tax | ||||||
| 12 | year that is available to offset a liability, the earliest
| ||||||
| 13 | credit arising under this subsection shall be applied first. No | ||||||
| 14 | carryforward
credit may be claimed in any tax year ending on or | ||||||
| 15 | after
December 31, 2003. | ||||||
| 16 | (k) Research and development credit. For tax years ending | ||||||
| 17 | after July 1, 1990 and prior to
December 31, 2003, and | ||||||
| 18 | beginning again for tax years ending on or after December 31, | ||||||
| 19 | 2004, and ending prior to January 1, 2027, a taxpayer shall be
| ||||||
| 20 | allowed a credit against the tax imposed by subsections (a) and | ||||||
| 21 | (b) of this
Section for increasing research activities in this | ||||||
| 22 | State. The credit
allowed against the tax imposed by | ||||||
| 23 | subsections (a) and (b) shall be equal
to 6 1/2% of the | ||||||
| 24 | qualifying expenditures for increasing research activities
in | ||||||
| 25 | this State. For partners, shareholders of subchapter S | ||||||
| 26 | corporations, and
owners of limited liability companies, if the | ||||||
| |||||||
| |||||||
| 1 | liability company is treated as a
partnership for purposes of | ||||||
| 2 | federal and State income taxation, there shall be
allowed a | ||||||
| 3 | credit under this subsection to be determined in accordance | ||||||
| 4 | with the
determination of income and distributive share of | ||||||
| 5 | income under Sections 702 and
704 and subchapter S of the | ||||||
| 6 | Internal Revenue Code. | ||||||
| 7 | For purposes of this subsection, "qualifying expenditures" | ||||||
| 8 | means the
qualifying expenditures as defined for the federal | ||||||
| 9 | credit for increasing
research activities which would be | ||||||
| 10 | allowable under Section 41 of the
Internal Revenue Code and | ||||||
| 11 | which are conducted in this State, "qualifying
expenditures for | ||||||
| 12 | increasing research activities in this State" means the
excess | ||||||
| 13 | of qualifying expenditures for the taxable year in which | ||||||
| 14 | incurred
over qualifying expenditures for the base period, | ||||||
| 15 | "qualifying expenditures
for the base period" means the average | ||||||
| 16 | of the qualifying expenditures for
each year in the base | ||||||
| 17 | period, and "base period" means the 3 taxable years
immediately | ||||||
| 18 | preceding the taxable year for which the determination is
being | ||||||
| 19 | made. | ||||||
| 20 | Any credit in excess of the tax liability for the taxable | ||||||
| 21 | year
may be carried forward. A taxpayer may elect to have the
| ||||||
| 22 | unused credit shown on its final completed return carried over | ||||||
| 23 | as a credit
against the tax liability for the following 5 | ||||||
| 24 | taxable years or until it has
been fully used, whichever occurs | ||||||
| 25 | first; provided that no credit earned in a tax year ending | ||||||
| 26 | prior to December 31, 2003 may be carried forward to any year | ||||||
| |||||||
| |||||||
| 1 | ending on or after December 31, 2003. | ||||||
| 2 | If an unused credit is carried forward to a given year from | ||||||
| 3 | 2 or more
earlier years, that credit arising in the earliest | ||||||
| 4 | year will be applied
first against the tax liability for the | ||||||
| 5 | given year. If a tax liability for
the given year still | ||||||
| 6 | remains, the credit from the next earliest year will
then be | ||||||
| 7 | applied, and so on, until all credits have been used or no tax
| ||||||
| 8 | liability for the given year remains. Any remaining unused | ||||||
| 9 | credit or
credits then will be carried forward to the next | ||||||
| 10 | following year in which a
tax liability is incurred, except | ||||||
| 11 | that no credit can be carried forward to
a year which is more | ||||||
| 12 | than 5 years after the year in which the expense for
which the | ||||||
| 13 | credit is given was incurred. | ||||||
| 14 | No inference shall be drawn from Public Act 91-644 this | ||||||
| 15 | amendatory Act of the 91st General
Assembly in construing this | ||||||
| 16 | Section for taxable years beginning before January
1, 1999. | ||||||
| 17 | It is the intent of the General Assembly that the research | ||||||
| 18 | and development credit under this subsection (k) shall apply | ||||||
| 19 | continuously for all tax years ending on or after December 31, | ||||||
| 20 | 2004 and ending prior to January 1, 2027, including, but not | ||||||
| 21 | limited to, the period beginning on January 1, 2016 and ending | ||||||
| 22 | on July 6, 2017 (the effective date of Public Act 100-22) this | ||||||
| 23 | amendatory Act of the 100th General Assembly. All actions taken | ||||||
| 24 | in reliance on the continuation of the credit under this | ||||||
| 25 | subsection (k) by any taxpayer are hereby validated. | ||||||
| 26 | (l) Environmental Remediation Tax Credit. | ||||||
| |||||||
| |||||||
| 1 | (i) For tax years ending after December 31, 1997 and on | ||||||
| 2 | or before
December 31, 2001, a taxpayer shall be allowed a | ||||||
| 3 | credit against the tax
imposed by subsections (a) and (b) | ||||||
| 4 | of this Section for certain amounts paid
for unreimbursed | ||||||
| 5 | eligible remediation costs, as specified in this | ||||||
| 6 | subsection.
For purposes of this Section, "unreimbursed | ||||||
| 7 | eligible remediation costs" means
costs approved by the | ||||||
| 8 | Illinois Environmental Protection Agency ("Agency") under
| ||||||
| 9 | Section 58.14 of the Environmental Protection Act that were | ||||||
| 10 | paid in performing
environmental remediation at a site for | ||||||
| 11 | which a No Further Remediation Letter
was issued by the | ||||||
| 12 | Agency and recorded under Section 58.10 of the | ||||||
| 13 | Environmental
Protection Act. The credit must be claimed | ||||||
| 14 | for the taxable year in which
Agency approval of the | ||||||
| 15 | eligible remediation costs is granted. The credit is
not | ||||||
| 16 | available to any taxpayer if the taxpayer or any related | ||||||
| 17 | party caused or
contributed to, in any material respect, a | ||||||
| 18 | release of regulated substances on,
in, or under the site | ||||||
| 19 | that was identified and addressed by the remedial
action | ||||||
| 20 | pursuant to the Site Remediation Program of the | ||||||
| 21 | Environmental Protection
Act. After the Pollution Control | ||||||
| 22 | Board rules are adopted pursuant to the
Illinois | ||||||
| 23 | Administrative Procedure Act for the administration and | ||||||
| 24 | enforcement of
Section 58.9 of the Environmental | ||||||
| 25 | Protection Act, determinations as to credit
availability | ||||||
| 26 | for purposes of this Section shall be made consistent with | ||||||
| |||||||
| |||||||
| 1 | those
rules. For purposes of this Section, "taxpayer" | ||||||
| 2 | includes a person whose tax
attributes the taxpayer has | ||||||
| 3 | succeeded to under Section 381 of the Internal
Revenue Code | ||||||
| 4 | and "related party" includes the persons disallowed a | ||||||
| 5 | deduction
for losses by paragraphs (b), (c), and (f)(1) of | ||||||
| 6 | Section 267 of the Internal
Revenue Code by virtue of being | ||||||
| 7 | a related taxpayer, as well as any of its
partners. The | ||||||
| 8 | credit allowed against the tax imposed by subsections (a) | ||||||
| 9 | and
(b) shall be equal to 25% of the unreimbursed eligible | ||||||
| 10 | remediation costs in
excess of $100,000 per site, except | ||||||
| 11 | that the $100,000 threshold shall not apply
to any site | ||||||
| 12 | contained in an enterprise zone as determined by the | ||||||
| 13 | Department of
Commerce and Community Affairs (now | ||||||
| 14 | Department of Commerce and Economic Opportunity). The | ||||||
| 15 | total credit allowed shall not exceed
$40,000 per year with | ||||||
| 16 | a maximum total of $150,000 per site. For partners and
| ||||||
| 17 | shareholders of subchapter S corporations, there shall be | ||||||
| 18 | allowed a credit
under this subsection to be determined in | ||||||
| 19 | accordance with the determination of
income and | ||||||
| 20 | distributive share of income under Sections 702 and 704 and
| ||||||
| 21 | subchapter S of the Internal Revenue Code. | ||||||
| 22 | (ii) A credit allowed under this subsection that is | ||||||
| 23 | unused in the year
the credit is earned may be carried | ||||||
| 24 | forward to each of the 5 taxable years
following the year | ||||||
| 25 | for which the credit is first earned until it is used.
The | ||||||
| 26 | term "unused credit" does not include any amounts of | ||||||
| |||||||
| |||||||
| 1 | unreimbursed eligible
remediation costs in excess of the | ||||||
| 2 | maximum credit per site authorized under
paragraph (i). | ||||||
| 3 | This credit shall be applied first to the earliest year
for | ||||||
| 4 | which there is a liability. If there is a credit under this | ||||||
| 5 | subsection
from more than one tax year that is available to | ||||||
| 6 | offset a liability, the
earliest credit arising under this | ||||||
| 7 | subsection shall be applied first. A
credit allowed under | ||||||
| 8 | this subsection may be sold to a buyer as part of a sale
of | ||||||
| 9 | all or part of the remediation site for which the credit | ||||||
| 10 | was granted. The
purchaser of a remediation site and the | ||||||
| 11 | tax credit shall succeed to the unused
credit and remaining | ||||||
| 12 | carry-forward period of the seller. To perfect the
| ||||||
| 13 | transfer, the assignor shall record the transfer in the | ||||||
| 14 | chain of title for the
site and provide written notice to | ||||||
| 15 | the Director of the Illinois Department of
Revenue of the | ||||||
| 16 | assignor's intent to sell the remediation site and the | ||||||
| 17 | amount of
the tax credit to be transferred as a portion of | ||||||
| 18 | the sale. In no event may a
credit be transferred to any | ||||||
| 19 | taxpayer if the taxpayer or a related party would
not be | ||||||
| 20 | eligible under the provisions of subsection (i). | ||||||
| 21 | (iii) For purposes of this Section, the term "site" | ||||||
| 22 | shall have the same
meaning as under Section 58.2 of the | ||||||
| 23 | Environmental Protection Act. | ||||||
| 24 | (m) Education expense credit. Beginning with tax years | ||||||
| 25 | ending after
December 31, 1999, a taxpayer who
is the custodian | ||||||
| 26 | of one or more qualifying pupils shall be allowed a credit
| ||||||
| |||||||
| |||||||
| 1 | against the tax imposed by subsections (a) and (b) of this | ||||||
| 2 | Section for
qualified education expenses incurred on behalf of | ||||||
| 3 | the qualifying pupils.
The credit shall be equal to 25% of | ||||||
| 4 | qualified education expenses, but in no
event may the total | ||||||
| 5 | credit under this subsection claimed by a
family that is the
| ||||||
| 6 | custodian of qualifying pupils exceed (i) $500 for tax years | ||||||
| 7 | ending prior to December 31, 2017, and (ii) $750 for tax years | ||||||
| 8 | ending on or after December 31, 2017. In no event shall a | ||||||
| 9 | credit under
this subsection reduce the taxpayer's liability | ||||||
| 10 | under this Act to less than
zero. Notwithstanding any other | ||||||
| 11 | provision of law, for taxable years beginning on or after | ||||||
| 12 | January 1, 2017, no taxpayer may claim a credit under this | ||||||
| 13 | subsection (m) if the taxpayer's adjusted gross income for the | ||||||
| 14 | taxable year exceeds (i) $500,000, in the case of spouses | ||||||
| 15 | filing a joint federal tax return or (ii) $250,000, in the case | ||||||
| 16 | of all other taxpayers. This subsection is exempt from the | ||||||
| 17 | provisions of Section 250 of this
Act. | ||||||
| 18 | For purposes of this subsection: | ||||||
| 19 | "Qualifying pupils" means individuals who (i) are | ||||||
| 20 | residents of the State of
Illinois, (ii) are under the age of | ||||||
| 21 | 21 at the close of the school year for
which a credit is | ||||||
| 22 | sought, and (iii) during the school year for which a credit
is | ||||||
| 23 | sought were full-time pupils enrolled in a kindergarten through | ||||||
| 24 | twelfth
grade education program at any school, as defined in | ||||||
| 25 | this subsection. | ||||||
| 26 | "Qualified education expense" means the amount incurred
on | ||||||
| |||||||
| |||||||
| 1 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
| 2 | book fees, and
lab fees at the school in which the pupil is | ||||||
| 3 | enrolled during the regular school
year. | ||||||
| 4 | "School" means any public or nonpublic elementary or | ||||||
| 5 | secondary school in
Illinois that is in compliance with Title | ||||||
| 6 | VI of the Civil Rights Act of 1964
and attendance at which | ||||||
| 7 | satisfies the requirements of Section 26-1 of the
School Code, | ||||||
| 8 | except that nothing shall be construed to require a child to
| ||||||
| 9 | attend any particular public or nonpublic school to qualify for | ||||||
| 10 | the credit
under this Section. | ||||||
| 11 | "Custodian" means, with respect to qualifying pupils, an | ||||||
| 12 | Illinois resident
who is a parent, the parents, a legal | ||||||
| 13 | guardian, or the legal guardians of the
qualifying pupils. | ||||||
| 14 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
| 15 | credit.
| ||||||
| 16 | (i) For tax years ending on or after December 31, 2006, | ||||||
| 17 | a taxpayer shall be allowed a credit against the tax | ||||||
| 18 | imposed by subsections (a) and (b) of this Section for | ||||||
| 19 | certain amounts paid for unreimbursed eligible remediation | ||||||
| 20 | costs, as specified in this subsection. For purposes of | ||||||
| 21 | this Section, "unreimbursed eligible remediation costs" | ||||||
| 22 | means costs approved by the Illinois Environmental | ||||||
| 23 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
| 24 | Environmental Protection Act that were paid in performing | ||||||
| 25 | environmental remediation at a site within a River Edge | ||||||
| 26 | Redevelopment Zone for which a No Further Remediation | ||||||
| |||||||
| |||||||
| 1 | Letter was issued by the Agency and recorded under Section | ||||||
| 2 | 58.10 of the Environmental Protection Act. The credit must | ||||||
| 3 | be claimed for the taxable year in which Agency approval of | ||||||
| 4 | the eligible remediation costs is granted. The credit is | ||||||
| 5 | not available to any taxpayer if the taxpayer or any | ||||||
| 6 | related party caused or contributed to, in any material | ||||||
| 7 | respect, a release of regulated substances on, in, or under | ||||||
| 8 | the site that was identified and addressed by the remedial | ||||||
| 9 | action pursuant to the Site Remediation Program of the | ||||||
| 10 | Environmental Protection Act. Determinations as to credit | ||||||
| 11 | availability for purposes of this Section shall be made | ||||||
| 12 | consistent with rules adopted by the Pollution Control | ||||||
| 13 | Board pursuant to the Illinois Administrative Procedure | ||||||
| 14 | Act for the administration and enforcement of Section 58.9 | ||||||
| 15 | of the Environmental Protection Act. For purposes of this | ||||||
| 16 | Section, "taxpayer" includes a person whose tax attributes | ||||||
| 17 | the taxpayer has succeeded to under Section 381 of the | ||||||
| 18 | Internal Revenue Code and "related party" includes the | ||||||
| 19 | persons disallowed a deduction for losses by paragraphs | ||||||
| 20 | (b), (c), and (f)(1) of Section 267 of the Internal Revenue | ||||||
| 21 | Code by virtue of being a related taxpayer, as well as any | ||||||
| 22 | of its partners. The credit allowed against the tax imposed | ||||||
| 23 | by subsections (a) and (b) shall be equal to 25% of the | ||||||
| 24 | unreimbursed eligible remediation costs in excess of | ||||||
| 25 | $100,000 per site. | ||||||
| 26 | (ii) A credit allowed under this subsection that is | ||||||
| |||||||
| |||||||
| 1 | unused in the year the credit is earned may be carried | ||||||
| 2 | forward to each of the 5 taxable years following the year | ||||||
| 3 | for which the credit is first earned until it is used. This | ||||||
| 4 | credit shall be applied first to the earliest year for | ||||||
| 5 | which there is a liability. If there is a credit under this | ||||||
| 6 | subsection from more than one tax year that is available to | ||||||
| 7 | offset a liability, the earliest credit arising under this | ||||||
| 8 | subsection shall be applied first. A credit allowed under | ||||||
| 9 | this subsection may be sold to a buyer as part of a sale of | ||||||
| 10 | all or part of the remediation site for which the credit | ||||||
| 11 | was granted. The purchaser of a remediation site and the | ||||||
| 12 | tax credit shall succeed to the unused credit and remaining | ||||||
| 13 | carry-forward period of the seller. To perfect the | ||||||
| 14 | transfer, the assignor shall record the transfer in the | ||||||
| 15 | chain of title for the site and provide written notice to | ||||||
| 16 | the Director of the Illinois Department of Revenue of the | ||||||
| 17 | assignor's intent to sell the remediation site and the | ||||||
| 18 | amount of the tax credit to be transferred as a portion of | ||||||
| 19 | the sale. In no event may a credit be transferred to any | ||||||
| 20 | taxpayer if the taxpayer or a related party would not be | ||||||
| 21 | eligible under the provisions of subsection (i). | ||||||
| 22 | (iii) For purposes of this Section, the term "site" | ||||||
| 23 | shall have the same meaning as under Section 58.2 of the | ||||||
| 24 | Environmental Protection Act. | ||||||
| 25 | (o) For each of taxable years during the Compassionate Use | ||||||
| 26 | of Medical Cannabis Program, a surcharge is imposed on all | ||||||
| |||||||
| |||||||
| 1 | taxpayers on income arising from the sale or exchange of | ||||||
| 2 | capital assets, depreciable business property, real property | ||||||
| 3 | used in the trade or business, and Section 197 intangibles of | ||||||
| 4 | an organization registrant under the Compassionate Use of | ||||||
| 5 | Medical Cannabis Program Act. The amount of the surcharge is | ||||||
| 6 | equal to the amount of federal income tax liability for the | ||||||
| 7 | taxable year attributable to those sales and exchanges. The | ||||||
| 8 | surcharge imposed does not apply if: | ||||||
| 9 | (1) the medical cannabis cultivation center | ||||||
| 10 | registration, medical cannabis dispensary registration, or | ||||||
| 11 | the property of a registration is transferred as a result | ||||||
| 12 | of any of the following: | ||||||
| 13 | (A) bankruptcy, a receivership, or a debt | ||||||
| 14 | adjustment initiated by or against the initial | ||||||
| 15 | registration or the substantial owners of the initial | ||||||
| 16 | registration; | ||||||
| 17 | (B) cancellation, revocation, or termination of | ||||||
| 18 | any registration by the Illinois Department of Public | ||||||
| 19 | Health; | ||||||
| 20 | (C) a determination by the Illinois Department of | ||||||
| 21 | Public Health that transfer of the registration is in | ||||||
| 22 | the best interests of Illinois qualifying patients as | ||||||
| 23 | defined by the Compassionate Use of Medical Cannabis | ||||||
| 24 | Program Act; | ||||||
| 25 | (D) the death of an owner of the equity interest in | ||||||
| 26 | a registrant; | ||||||
| |||||||
| |||||||
| 1 | (E) the acquisition of a controlling interest in | ||||||
| 2 | the stock or substantially all of the assets of a | ||||||
| 3 | publicly traded company; | ||||||
| 4 | (F) a transfer by a parent company to a wholly | ||||||
| 5 | owned subsidiary; or | ||||||
| 6 | (G) the transfer or sale to or by one person to | ||||||
| 7 | another person where both persons were initial owners | ||||||
| 8 | of the registration when the registration was issued; | ||||||
| 9 | or | ||||||
| 10 | (2) the cannabis cultivation center registration, | ||||||
| 11 | medical cannabis dispensary registration, or the | ||||||
| 12 | controlling interest in a registrant's property is | ||||||
| 13 | transferred in a transaction to lineal descendants in which | ||||||
| 14 | no gain or loss is recognized or as a result of a | ||||||
| 15 | transaction in accordance with Section 351 of the Internal | ||||||
| 16 | Revenue Code in which no gain or loss is recognized. | ||||||
| 17 | (Source: P.A. 100-22, eff. 7-6-17; 101-8, see Section 99 for | ||||||
| 18 | effective date; 101-9, eff. 6-5-19; 101-31, eff. 6-28-19; | ||||||
| 19 | 101-207, eff. 8-2-19; 101-363, eff. 8-9-19; revised 9-17-19.)
| ||||||
| 20 | (35 ILCS 5/201.1) | ||||||
| 21 | (This Section may contain text from a Public Act with a | ||||||
| 22 | delayed effective date) | ||||||
| 23 | Sec. 201.1. Tax rates. In the case of an individual, trust, | ||||||
| 24 | or estate, for taxable years beginning on or after January 1, | ||||||
| 25 | 2021, the amount of the tax imposed by subsection (a) of | ||||||
| |||||||
| |||||||
| 1 | Section 201 of this Act shall be determined according to the | ||||||
| 2 | following tax rate structure: | ||||||
| 3 | (1) for taxpayers who do not file a joint return and | ||||||
| 4 | have a net income of $750,000 or less: | ||||||
| 5 | (A) 4.75% of the portion of the taxpayer's net | ||||||
| 6 | income that does not exceed $10,000; | ||||||
| 7 | (B) 4.9% of the portion of the taxpayer's net | ||||||
| 8 | income that exceeds $10,000 but does not exceed | ||||||
| 9 | $100,000; | ||||||
| 10 | (C) 4.95% of the portion of the taxpayer's net | ||||||
| 11 | income that exceeds $100,000 but does not exceed | ||||||
| 12 | $250,000; | ||||||
| 13 | (D) 7.75% of the portion of the taxpayer's net | ||||||
| 14 | income that exceeds $250,000 but does not exceed | ||||||
| 15 | $350,000; and | ||||||
| 16 | (E) 7.85% of the portion of the taxpayer's net | ||||||
| 17 | income that exceeds $350,000 but does not exceed | ||||||
| 18 | $750,000; and | ||||||
| 19 | (2) for taxpayers who do not file a joint return and | ||||||
| 20 | have a net income that exceeds $750,000, 7.99% of the | ||||||
| 21 | taxpayer's net income; | ||||||
| 22 | (3) for taxpayers who file a joint return and have a | ||||||
| 23 | net income of $1,000,000 or less: | ||||||
| 24 | (A) 4.75% of the portion of the taxpayer's net | ||||||
| 25 | income that does not exceed $10,000; | ||||||
| 26 | (B) 4.9% of the portion of the taxpayer's net | ||||||
| |||||||
| |||||||
| 1 | income that exceeds $10,000 but does not exceed | ||||||
| 2 | $100,000; | ||||||
| 3 | (C) 4.95% of the portion of the taxpayer's net | ||||||
| 4 | income that exceeds $100,000 but does not exceed | ||||||
| 5 | $250,000; | ||||||
| 6 | (D) 7.75% of the portion of the taxpayer's net | ||||||
| 7 | income that exceeds $250,000 but does not exceed | ||||||
| 8 | $500,000; and | ||||||
| 9 | (E) 7.85% of the portion of the taxpayer's net | ||||||
| 10 | income that exceeds $500,000 but does not exceed | ||||||
| 11 | $1,000,000; and | ||||||
| 12 | (4) for taxpayers who file a joint return and have a | ||||||
| 13 | net income of more than $1,000,000, 7.99% of the taxpayer's | ||||||
| 14 | net income.
| ||||||
| 15 | (Source: P.A. 101-8, see Section 99 for effective date; revised | ||||||
| 16 | 7-16-19.)
| ||||||
| 17 | (35 ILCS 5/203) (from Ch. 120, par. 2-203) | ||||||
| 18 | Sec. 203. Base income defined. | ||||||
| 19 | (a) Individuals. | ||||||
| 20 | (1) In general. In the case of an individual, base | ||||||
| 21 | income means an
amount equal to the taxpayer's adjusted | ||||||
| 22 | gross income for the taxable
year as modified by paragraph | ||||||
| 23 | (2). | ||||||
| 24 | (2) Modifications. The adjusted gross income referred | ||||||
| 25 | to in
paragraph (1) shall be modified by adding thereto the | ||||||
| |||||||
| |||||||
| 1 | sum of the
following amounts: | ||||||
| 2 | (A) An amount equal to all amounts paid or accrued | ||||||
| 3 | to the taxpayer
as interest or dividends during the | ||||||
| 4 | taxable year to the extent excluded
from gross income | ||||||
| 5 | in the computation of adjusted gross income, except | ||||||
| 6 | stock
dividends of qualified public utilities | ||||||
| 7 | described in Section 305(e) of the
Internal Revenue | ||||||
| 8 | Code; | ||||||
| 9 | (B) An amount equal to the amount of tax imposed by | ||||||
| 10 | this Act to the
extent deducted from gross income in | ||||||
| 11 | the computation of adjusted gross
income for the | ||||||
| 12 | taxable year; | ||||||
| 13 | (C) An amount equal to the amount received during | ||||||
| 14 | the taxable year
as a recovery or refund of real | ||||||
| 15 | property taxes paid with respect to the
taxpayer's | ||||||
| 16 | principal residence under the Revenue Act of
1939 and | ||||||
| 17 | for which a deduction was previously taken under | ||||||
| 18 | subparagraph (L) of
this paragraph (2) prior to July 1, | ||||||
| 19 | 1991, the retrospective application date of
Article 4 | ||||||
| 20 | of Public Act 87-17. In the case of multi-unit or | ||||||
| 21 | multi-use
structures and farm dwellings, the taxes on | ||||||
| 22 | the taxpayer's principal residence
shall be that | ||||||
| 23 | portion of the total taxes for the entire property | ||||||
| 24 | which is
attributable to such principal residence; | ||||||
| 25 | (D) An amount equal to the amount of the capital | ||||||
| 26 | gain deduction
allowable under the Internal Revenue | ||||||
| |||||||
| |||||||
| 1 | Code, to the extent deducted from gross
income in the | ||||||
| 2 | computation of adjusted gross income; | ||||||
| 3 | (D-5) An amount, to the extent not included in | ||||||
| 4 | adjusted gross income,
equal to the amount of money | ||||||
| 5 | withdrawn by the taxpayer in the taxable year from
a | ||||||
| 6 | medical care savings account and the interest earned on | ||||||
| 7 | the account in the
taxable year of a withdrawal | ||||||
| 8 | pursuant to subsection (b) of Section 20 of the
Medical | ||||||
| 9 | Care Savings Account Act or subsection (b) of Section | ||||||
| 10 | 20 of the
Medical Care Savings Account Act of 2000; | ||||||
| 11 | (D-10) For taxable years ending after December 31, | ||||||
| 12 | 1997, an
amount equal to any eligible remediation costs | ||||||
| 13 | that the individual
deducted in computing adjusted | ||||||
| 14 | gross income and for which the
individual claims a | ||||||
| 15 | credit under subsection (l) of Section 201; | ||||||
| 16 | (D-15) For taxable years 2001 and thereafter, an | ||||||
| 17 | amount equal to the
bonus depreciation deduction taken | ||||||
| 18 | on the taxpayer's federal income tax return for the | ||||||
| 19 | taxable
year under subsection (k) of Section 168 of the | ||||||
| 20 | Internal Revenue Code; | ||||||
| 21 | (D-16) If the taxpayer sells, transfers, abandons, | ||||||
| 22 | or otherwise disposes of property for which the | ||||||
| 23 | taxpayer was required in any taxable year to
make an | ||||||
| 24 | addition modification under subparagraph (D-15), then | ||||||
| 25 | an amount equal
to the aggregate amount of the | ||||||
| 26 | deductions taken in all taxable
years under | ||||||
| |||||||
| |||||||
| 1 | subparagraph (Z) with respect to that property. | ||||||
| 2 | If the taxpayer continues to own property through | ||||||
| 3 | the last day of the last tax year for which the | ||||||
| 4 | taxpayer may claim a depreciation deduction for | ||||||
| 5 | federal income tax purposes and for which the taxpayer | ||||||
| 6 | was allowed in any taxable year to make a subtraction | ||||||
| 7 | modification under subparagraph (Z), then an amount | ||||||
| 8 | equal to that subtraction modification.
| ||||||
| 9 | The taxpayer is required to make the addition | ||||||
| 10 | modification under this
subparagraph
only once with | ||||||
| 11 | respect to any one piece of property; | ||||||
| 12 | (D-17) An amount equal to the amount otherwise | ||||||
| 13 | allowed as a deduction in computing base income for | ||||||
| 14 | interest paid, accrued, or incurred, directly or | ||||||
| 15 | indirectly, (i) for taxable years ending on or after | ||||||
| 16 | December 31, 2004, to a foreign person who would be a | ||||||
| 17 | member of the same unitary business group but for the | ||||||
| 18 | fact that foreign person's business activity outside | ||||||
| 19 | the United States is 80% or more of the foreign | ||||||
| 20 | person's total business activity and (ii) for taxable | ||||||
| 21 | years ending on or after December 31, 2008, to a person | ||||||
| 22 | who would be a member of the same unitary business | ||||||
| 23 | group but for the fact that the person is prohibited | ||||||
| 24 | under Section 1501(a)(27) from being included in the | ||||||
| 25 | unitary business group because he or she is ordinarily | ||||||
| 26 | required to apportion business income under different | ||||||
| |||||||
| |||||||
| 1 | subsections of Section 304. The addition modification | ||||||
| 2 | required by this subparagraph shall be reduced to the | ||||||
| 3 | extent that dividends were included in base income of | ||||||
| 4 | the unitary group for the same taxable year and | ||||||
| 5 | received by the taxpayer or by a member of the | ||||||
| 6 | taxpayer's unitary business group (including amounts | ||||||
| 7 | included in gross income under Sections 951 through 964 | ||||||
| 8 | of the Internal Revenue Code and amounts included in | ||||||
| 9 | gross income under Section 78 of the Internal Revenue | ||||||
| 10 | Code) with respect to the stock of the same person to | ||||||
| 11 | whom the interest was paid, accrued, or incurred. | ||||||
| 12 | This paragraph shall not apply to the following:
| ||||||
| 13 | (i) an item of interest paid, accrued, or | ||||||
| 14 | incurred, directly or indirectly, to a person who | ||||||
| 15 | is subject in a foreign country or state, other | ||||||
| 16 | than a state which requires mandatory unitary | ||||||
| 17 | reporting, to a tax on or measured by net income | ||||||
| 18 | with respect to such interest; or | ||||||
| 19 | (ii) an item of interest paid, accrued, or | ||||||
| 20 | incurred, directly or indirectly, to a person if | ||||||
| 21 | the taxpayer can establish, based on a | ||||||
| 22 | preponderance of the evidence, both of the | ||||||
| 23 | following: | ||||||
| 24 | (a) the person, during the same taxable | ||||||
| 25 | year, paid, accrued, or incurred, the interest | ||||||
| 26 | to a person that is not a related member, and | ||||||
| |||||||
| |||||||
| 1 | (b) the transaction giving rise to the | ||||||
| 2 | interest expense between the taxpayer and the | ||||||
| 3 | person did not have as a principal purpose the | ||||||
| 4 | avoidance of Illinois income tax, and is paid | ||||||
| 5 | pursuant to a contract or agreement that | ||||||
| 6 | reflects an arm's-length interest rate and | ||||||
| 7 | terms; or
| ||||||
| 8 | (iii) the taxpayer can establish, based on | ||||||
| 9 | clear and convincing evidence, that the interest | ||||||
| 10 | paid, accrued, or incurred relates to a contract or | ||||||
| 11 | agreement entered into at arm's-length rates and | ||||||
| 12 | terms and the principal purpose for the payment is | ||||||
| 13 | not federal or Illinois tax avoidance; or
| ||||||
| 14 | (iv) an item of interest paid, accrued, or | ||||||
| 15 | incurred, directly or indirectly, to a person if | ||||||
| 16 | the taxpayer establishes by clear and convincing | ||||||
| 17 | evidence that the adjustments are unreasonable; or | ||||||
| 18 | if the taxpayer and the Director agree in writing | ||||||
| 19 | to the application or use of an alternative method | ||||||
| 20 | of apportionment under Section 304(f).
| ||||||
| 21 | Nothing in this subsection shall preclude the | ||||||
| 22 | Director from making any other adjustment | ||||||
| 23 | otherwise allowed under Section 404 of this Act for | ||||||
| 24 | any tax year beginning after the effective date of | ||||||
| 25 | this amendment provided such adjustment is made | ||||||
| 26 | pursuant to regulation adopted by the Department | ||||||
| |||||||
| |||||||
| 1 | and such regulations provide methods and standards | ||||||
| 2 | by which the Department will utilize its authority | ||||||
| 3 | under Section 404 of this Act;
| ||||||
| 4 | (D-18) An amount equal to the amount of intangible | ||||||
| 5 | expenses and costs otherwise allowed as a deduction in | ||||||
| 6 | computing base income, and that were paid, accrued, or | ||||||
| 7 | incurred, directly or indirectly, (i) for taxable | ||||||
| 8 | years ending on or after December 31, 2004, to a | ||||||
| 9 | foreign person who would be a member of the same | ||||||
| 10 | unitary business group but for the fact that the | ||||||
| 11 | foreign person's business activity outside the United | ||||||
| 12 | States is 80% or more of that person's total business | ||||||
| 13 | activity and (ii) for taxable years ending on or after | ||||||
| 14 | December 31, 2008, to a person who would be a member of | ||||||
| 15 | the same unitary business group but for the fact that | ||||||
| 16 | the person is prohibited under Section 1501(a)(27) | ||||||
| 17 | from being included in the unitary business group | ||||||
| 18 | because he or she is ordinarily required to apportion | ||||||
| 19 | business income under different subsections of Section | ||||||
| 20 | 304. The addition modification required by this | ||||||
| 21 | subparagraph shall be reduced to the extent that | ||||||
| 22 | dividends were included in base income of the unitary | ||||||
| 23 | group for the same taxable year and received by the | ||||||
| 24 | taxpayer or by a member of the taxpayer's unitary | ||||||
| 25 | business group (including amounts included in gross | ||||||
| 26 | income under Sections 951 through 964 of the Internal | ||||||
| |||||||
| |||||||
| 1 | Revenue Code and amounts included in gross income under | ||||||
| 2 | Section 78 of the Internal Revenue Code) with respect | ||||||
| 3 | to the stock of the same person to whom the intangible | ||||||
| 4 | expenses and costs were directly or indirectly paid, | ||||||
| 5 | incurred, or accrued. The preceding sentence does not | ||||||
| 6 | apply to the extent that the same dividends caused a | ||||||
| 7 | reduction to the addition modification required under | ||||||
| 8 | Section 203(a)(2)(D-17) of this Act. As used in this | ||||||
| 9 | subparagraph, the term "intangible expenses and costs" | ||||||
| 10 | includes (1) expenses, losses, and costs for, or | ||||||
| 11 | related to, the direct or indirect acquisition, use, | ||||||
| 12 | maintenance or management, ownership, sale, exchange, | ||||||
| 13 | or any other disposition of intangible property; (2) | ||||||
| 14 | losses incurred, directly or indirectly, from | ||||||
| 15 | factoring transactions or discounting transactions; | ||||||
| 16 | (3) royalty, patent, technical, and copyright fees; | ||||||
| 17 | (4) licensing fees; and (5) other similar expenses and | ||||||
| 18 | costs.
For purposes of this subparagraph, "intangible | ||||||
| 19 | property" includes patents, patent applications, trade | ||||||
| 20 | names, trademarks, service marks, copyrights, mask | ||||||
| 21 | works, trade secrets, and similar types of intangible | ||||||
| 22 | assets. | ||||||
| 23 | This paragraph shall not apply to the following: | ||||||
| 24 | (i) any item of intangible expenses or costs | ||||||
| 25 | paid, accrued, or incurred, directly or | ||||||
| 26 | indirectly, from a transaction with a person who is | ||||||
| |||||||
| |||||||
| 1 | subject in a foreign country or state, other than a | ||||||
| 2 | state which requires mandatory unitary reporting, | ||||||
| 3 | to a tax on or measured by net income with respect | ||||||
| 4 | to such item; or | ||||||
| 5 | (ii) any item of intangible expense or cost | ||||||
| 6 | paid, accrued, or incurred, directly or | ||||||
| 7 | indirectly, if the taxpayer can establish, based | ||||||
| 8 | on a preponderance of the evidence, both of the | ||||||
| 9 | following: | ||||||
| 10 | (a) the person during the same taxable | ||||||
| 11 | year paid, accrued, or incurred, the | ||||||
| 12 | intangible expense or cost to a person that is | ||||||
| 13 | not a related member, and | ||||||
| 14 | (b) the transaction giving rise to the | ||||||
| 15 | intangible expense or cost between the | ||||||
| 16 | taxpayer and the person did not have as a | ||||||
| 17 | principal purpose the avoidance of Illinois | ||||||
| 18 | income tax, and is paid pursuant to a contract | ||||||
| 19 | or agreement that reflects arm's-length terms; | ||||||
| 20 | or | ||||||
| 21 | (iii) any item of intangible expense or cost | ||||||
| 22 | paid, accrued, or incurred, directly or | ||||||
| 23 | indirectly, from a transaction with a person if the | ||||||
| 24 | taxpayer establishes by clear and convincing | ||||||
| 25 | evidence, that the adjustments are unreasonable; | ||||||
| 26 | or if the taxpayer and the Director agree in | ||||||
| |||||||
| |||||||
| 1 | writing to the application or use of an alternative | ||||||
| 2 | method of apportionment under Section 304(f);
| ||||||
| 3 | Nothing in this subsection shall preclude the | ||||||
| 4 | Director from making any other adjustment | ||||||
| 5 | otherwise allowed under Section 404 of this Act for | ||||||
| 6 | any tax year beginning after the effective date of | ||||||
| 7 | this amendment provided such adjustment is made | ||||||
| 8 | pursuant to regulation adopted by the Department | ||||||
| 9 | and such regulations provide methods and standards | ||||||
| 10 | by which the Department will utilize its authority | ||||||
| 11 | under Section 404 of this Act;
| ||||||
| 12 | (D-19) For taxable years ending on or after | ||||||
| 13 | December 31, 2008, an amount equal to the amount of | ||||||
| 14 | insurance premium expenses and costs otherwise allowed | ||||||
| 15 | as a deduction in computing base income, and that were | ||||||
| 16 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 17 | a person who would be a member of the same unitary | ||||||
| 18 | business group but for the fact that the person is | ||||||
| 19 | prohibited under Section 1501(a)(27) from being | ||||||
| 20 | included in the unitary business group because he or | ||||||
| 21 | she is ordinarily required to apportion business | ||||||
| 22 | income under different subsections of Section 304. The | ||||||
| 23 | addition modification required by this subparagraph | ||||||
| 24 | shall be reduced to the extent that dividends were | ||||||
| 25 | included in base income of the unitary group for the | ||||||
| 26 | same taxable year and received by the taxpayer or by a | ||||||
| |||||||
| |||||||
| 1 | member of the taxpayer's unitary business group | ||||||
| 2 | (including amounts included in gross income under | ||||||
| 3 | Sections 951 through 964 of the Internal Revenue Code | ||||||
| 4 | and amounts included in gross income under Section 78 | ||||||
| 5 | of the Internal Revenue Code) with respect to the stock | ||||||
| 6 | of the same person to whom the premiums and costs were | ||||||
| 7 | directly or indirectly paid, incurred, or accrued. The | ||||||
| 8 | preceding sentence does not apply to the extent that | ||||||
| 9 | the same dividends caused a reduction to the addition | ||||||
| 10 | modification required under Section 203(a)(2)(D-17) or | ||||||
| 11 | Section 203(a)(2)(D-18) of this Act; .
| ||||||
| 12 | (D-20) For taxable years beginning on or after | ||||||
| 13 | January 1,
2002 and ending on or before December 31, | ||||||
| 14 | 2006, in
the
case of a distribution from a qualified | ||||||
| 15 | tuition program under Section 529 of
the Internal | ||||||
| 16 | Revenue Code, other than (i) a distribution from a | ||||||
| 17 | College Savings
Pool created under Section 16.5 of the | ||||||
| 18 | State Treasurer Act or (ii) a
distribution from the | ||||||
| 19 | Illinois Prepaid Tuition Trust Fund, an amount equal to
| ||||||
| 20 | the amount excluded from gross income under Section | ||||||
| 21 | 529(c)(3)(B). For taxable years beginning on or after | ||||||
| 22 | January 1, 2007, in the case of a distribution from a | ||||||
| 23 | qualified tuition program under Section 529 of the | ||||||
| 24 | Internal Revenue Code, other than (i) a distribution | ||||||
| 25 | from a College Savings Pool created under Section 16.5 | ||||||
| 26 | of the State Treasurer Act, (ii) a distribution from | ||||||
| |||||||
| |||||||
| 1 | the Illinois Prepaid Tuition Trust Fund, or (iii) a | ||||||
| 2 | distribution from a qualified tuition program under | ||||||
| 3 | Section 529 of the Internal Revenue Code that (I) | ||||||
| 4 | adopts and determines that its offering materials | ||||||
| 5 | comply with the College Savings Plans Network's | ||||||
| 6 | disclosure principles and (II) has made reasonable | ||||||
| 7 | efforts to inform in-state residents of the existence | ||||||
| 8 | of in-state qualified tuition programs by informing | ||||||
| 9 | Illinois residents directly and, where applicable, to | ||||||
| 10 | inform financial intermediaries distributing the | ||||||
| 11 | program to inform in-state residents of the existence | ||||||
| 12 | of in-state qualified tuition programs at least | ||||||
| 13 | annually, an amount equal to the amount excluded from | ||||||
| 14 | gross income under Section 529(c)(3)(B). | ||||||
| 15 | For the purposes of this subparagraph (D-20), a | ||||||
| 16 | qualified tuition program has made reasonable efforts | ||||||
| 17 | if it makes disclosures (which may use the term | ||||||
| 18 | "in-state program" or "in-state plan" and need not | ||||||
| 19 | specifically refer to Illinois or its qualified | ||||||
| 20 | programs by name) (i) directly to prospective | ||||||
| 21 | participants in its offering materials or makes a | ||||||
| 22 | public disclosure, such as a website posting; and (ii) | ||||||
| 23 | where applicable, to intermediaries selling the | ||||||
| 24 | out-of-state program in the same manner that the | ||||||
| 25 | out-of-state program distributes its offering | ||||||
| 26 | materials; | ||||||
| |||||||
| |||||||
| 1 | (D-20.5) For taxable years beginning on or after | ||||||
| 2 | January 1, 2018, in the case of a distribution from a | ||||||
| 3 | qualified ABLE program under Section 529A of the | ||||||
| 4 | Internal Revenue Code, other than a distribution from a | ||||||
| 5 | qualified ABLE program created under Section 16.6 of | ||||||
| 6 | the State Treasurer Act, an amount equal to the amount | ||||||
| 7 | excluded from gross income under Section 529A(c)(1)(B) | ||||||
| 8 | of the Internal Revenue Code; | ||||||
| 9 | (D-21) For taxable years beginning on or after | ||||||
| 10 | January 1, 2007, in the case of transfer of moneys from | ||||||
| 11 | a qualified tuition program under Section 529 of the | ||||||
| 12 | Internal Revenue Code that is administered by the State | ||||||
| 13 | to an out-of-state program, an amount equal to the | ||||||
| 14 | amount of moneys previously deducted from base income | ||||||
| 15 | under subsection (a)(2)(Y) of this Section; | ||||||
| 16 | (D-21.5) For taxable years beginning on or after | ||||||
| 17 | January 1, 2018, in the case of the transfer of moneys | ||||||
| 18 | from a qualified tuition program under Section 529 or a | ||||||
| 19 | qualified ABLE program under Section 529A of the | ||||||
| 20 | Internal Revenue Code that is administered by this | ||||||
| 21 | State to an ABLE account established under an | ||||||
| 22 | out-of-state ABLE account program, an amount equal to | ||||||
| 23 | the contribution component of the transferred amount | ||||||
| 24 | that was previously deducted from base income under | ||||||
| 25 | subsection (a)(2)(Y) or subsection (a)(2)(HH) of this | ||||||
| 26 | Section; | ||||||
| |||||||
| |||||||
| 1 | (D-22) For taxable years beginning on or after | ||||||
| 2 | January 1, 2009, and prior to January 1, 2018, in the | ||||||
| 3 | case of a nonqualified withdrawal or refund of moneys | ||||||
| 4 | from a qualified tuition program under Section 529 of | ||||||
| 5 | the Internal Revenue Code administered by the State | ||||||
| 6 | that is not used for qualified expenses at an eligible | ||||||
| 7 | education institution, an amount equal to the | ||||||
| 8 | contribution component of the nonqualified withdrawal | ||||||
| 9 | or refund that was previously deducted from base income | ||||||
| 10 | under subsection (a)(2)(y) of this Section, provided | ||||||
| 11 | that the withdrawal or refund did not result from the | ||||||
| 12 | beneficiary's death or disability. For taxable years | ||||||
| 13 | beginning on or after January 1, 2018: (1) in the case | ||||||
| 14 | of a nonqualified withdrawal or refund, as defined | ||||||
| 15 | under Section
16.5 of the State Treasurer Act, of | ||||||
| 16 | moneys from a qualified tuition program under Section | ||||||
| 17 | 529 of the Internal Revenue Code administered by the | ||||||
| 18 | State, an amount equal to the contribution component of | ||||||
| 19 | the nonqualified withdrawal or refund that was | ||||||
| 20 | previously deducted from base
income under subsection | ||||||
| 21 | (a)(2)(Y) of this Section, and (2) in the case of a | ||||||
| 22 | nonqualified withdrawal or refund from a qualified | ||||||
| 23 | ABLE program under Section 529A of the Internal Revenue | ||||||
| 24 | Code administered by the State that is not used for | ||||||
| 25 | qualified disability expenses, an amount equal to the | ||||||
| 26 | contribution component of the nonqualified withdrawal | ||||||
| |||||||
| |||||||
| 1 | or refund that was previously deducted from base income | ||||||
| 2 | under subsection (a)(2)(HH) of this Section; | ||||||
| 3 | (D-23) An amount equal to the credit allowable to | ||||||
| 4 | the taxpayer under Section 218(a) of this Act, | ||||||
| 5 | determined without regard to Section 218(c) of this | ||||||
| 6 | Act; | ||||||
| 7 | (D-24) For taxable years ending on or after | ||||||
| 8 | December 31, 2017, an amount equal to the deduction | ||||||
| 9 | allowed under Section 199 of the Internal Revenue Code | ||||||
| 10 | for the taxable year; | ||||||
| 11 | and by deducting from the total so obtained the
sum of the | ||||||
| 12 | following amounts: | ||||||
| 13 | (E) For taxable years ending before December 31, | ||||||
| 14 | 2001,
any amount included in such total in respect of | ||||||
| 15 | any compensation
(including but not limited to any | ||||||
| 16 | compensation paid or accrued to a
serviceman while a | ||||||
| 17 | prisoner of war or missing in action) paid to a | ||||||
| 18 | resident
by reason of being on active duty in the Armed | ||||||
| 19 | Forces of the United States
and in respect of any | ||||||
| 20 | compensation paid or accrued to a resident who as a
| ||||||
| 21 | governmental employee was a prisoner of war or missing | ||||||
| 22 | in action, and in
respect of any compensation paid to a | ||||||
| 23 | resident in 1971 or thereafter for
annual training | ||||||
| 24 | performed pursuant to Sections 502 and 503, Title 32,
| ||||||
| 25 | United States Code as a member of the Illinois National | ||||||
| 26 | Guard or, beginning with taxable years ending on or | ||||||
| |||||||
| |||||||
| 1 | after December 31, 2007, the National Guard of any | ||||||
| 2 | other state.
For taxable years ending on or after | ||||||
| 3 | December 31, 2001, any amount included in
such total in | ||||||
| 4 | respect of any compensation (including but not limited | ||||||
| 5 | to any
compensation paid or accrued to a serviceman | ||||||
| 6 | while a prisoner of war or missing
in action) paid to a | ||||||
| 7 | resident by reason of being a member of any component | ||||||
| 8 | of
the Armed Forces of the United States and in respect | ||||||
| 9 | of any compensation paid
or accrued to a resident who | ||||||
| 10 | as a governmental employee was a prisoner of war
or | ||||||
| 11 | missing in action, and in respect of any compensation | ||||||
| 12 | paid to a resident in
2001 or thereafter by reason of | ||||||
| 13 | being a member of the Illinois National Guard or, | ||||||
| 14 | beginning with taxable years ending on or after | ||||||
| 15 | December 31, 2007, the National Guard of any other | ||||||
| 16 | state.
The provisions of this subparagraph (E) are | ||||||
| 17 | exempt
from the provisions of Section 250; | ||||||
| 18 | (F) An amount equal to all amounts included in such | ||||||
| 19 | total pursuant
to the provisions of Sections 402(a), | ||||||
| 20 | 402(c), 403(a), 403(b), 406(a), 407(a),
and 408 of the | ||||||
| 21 | Internal Revenue Code, or included in such total as
| ||||||
| 22 | distributions under the provisions of any retirement | ||||||
| 23 | or disability plan for
employees of any governmental | ||||||
| 24 | agency or unit, or retirement payments to
retired | ||||||
| 25 | partners, which payments are excluded in computing net | ||||||
| 26 | earnings
from self employment by Section 1402 of the | ||||||
| |||||||
| |||||||
| 1 | Internal Revenue Code and
regulations adopted pursuant | ||||||
| 2 | thereto; | ||||||
| 3 | (G) The valuation limitation amount; | ||||||
| 4 | (H) An amount equal to the amount of any tax | ||||||
| 5 | imposed by this Act
which was refunded to the taxpayer | ||||||
| 6 | and included in such total for the
taxable year; | ||||||
| 7 | (I) An amount equal to all amounts included in such | ||||||
| 8 | total pursuant
to the provisions of Section 111 of the | ||||||
| 9 | Internal Revenue Code as a
recovery of items previously | ||||||
| 10 | deducted from adjusted gross income in the
computation | ||||||
| 11 | of taxable income; | ||||||
| 12 | (J) An amount equal to those dividends included in | ||||||
| 13 | such total which were
paid by a corporation which | ||||||
| 14 | conducts business operations in a River Edge | ||||||
| 15 | Redevelopment Zone or zones created under the River | ||||||
| 16 | Edge Redevelopment Zone Act, and conducts
| ||||||
| 17 | substantially all of its operations in a River Edge | ||||||
| 18 | Redevelopment Zone or zones. This subparagraph (J) is | ||||||
| 19 | exempt from the provisions of Section 250; | ||||||
| 20 | (K) An amount equal to those dividends included in | ||||||
| 21 | such total that
were paid by a corporation that | ||||||
| 22 | conducts business operations in a federally
designated | ||||||
| 23 | Foreign Trade Zone or Sub-Zone and that is designated a | ||||||
| 24 | High Impact
Business located in Illinois; provided | ||||||
| 25 | that dividends eligible for the
deduction provided in | ||||||
| 26 | subparagraph (J) of paragraph (2) of this subsection
| ||||||
| |||||||
| |||||||
| 1 | shall not be eligible for the deduction provided under | ||||||
| 2 | this subparagraph
(K); | ||||||
| 3 | (L) For taxable years ending after December 31, | ||||||
| 4 | 1983, an amount equal to
all social security benefits | ||||||
| 5 | and railroad retirement benefits included in
such | ||||||
| 6 | total pursuant to Sections 72(r) and 86 of the Internal | ||||||
| 7 | Revenue Code; | ||||||
| 8 | (M) With the exception of any amounts subtracted | ||||||
| 9 | under subparagraph
(N), an amount equal to the sum of | ||||||
| 10 | all amounts disallowed as
deductions by (i) Sections | ||||||
| 11 | 171(a)(2), and 265(a)(2) of the Internal Revenue Code, | ||||||
| 12 | and all amounts of expenses allocable
to interest and | ||||||
| 13 | disallowed as deductions by Section 265(a)(1) of the | ||||||
| 14 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
| 15 | ending on or after August 13, 1999, Sections 171(a)(2), | ||||||
| 16 | 265,
280C, and 832(b)(5)(B)(i) of the Internal Revenue | ||||||
| 17 | Code, plus, for taxable years ending on or after | ||||||
| 18 | December 31, 2011, Section 45G(e)(3) of the Internal | ||||||
| 19 | Revenue Code and, for taxable years ending on or after | ||||||
| 20 | December 31, 2008, any amount included in gross income | ||||||
| 21 | under Section 87 of the Internal Revenue Code; the | ||||||
| 22 | provisions of this
subparagraph are exempt from the | ||||||
| 23 | provisions of Section 250; | ||||||
| 24 | (N) An amount equal to all amounts included in such | ||||||
| 25 | total which are
exempt from taxation by this State | ||||||
| 26 | either by reason of its statutes or
Constitution
or by | ||||||
| |||||||
| |||||||
| 1 | reason of the Constitution, treaties or statutes of the | ||||||
| 2 | United States;
provided that, in the case of any | ||||||
| 3 | statute of this State that exempts income
derived from | ||||||
| 4 | bonds or other obligations from the tax imposed under | ||||||
| 5 | this Act,
the amount exempted shall be the interest net | ||||||
| 6 | of bond premium amortization; | ||||||
| 7 | (O) An amount equal to any contribution made to a | ||||||
| 8 | job training
project established pursuant to the Tax | ||||||
| 9 | Increment Allocation Redevelopment Act; | ||||||
| 10 | (P) An amount equal to the amount of the deduction | ||||||
| 11 | used to compute the
federal income tax credit for | ||||||
| 12 | restoration of substantial amounts held under
claim of | ||||||
| 13 | right for the taxable year pursuant to Section 1341 of | ||||||
| 14 | the
Internal Revenue Code or of any itemized deduction | ||||||
| 15 | taken from adjusted gross income in the computation of | ||||||
| 16 | taxable income for restoration of substantial amounts | ||||||
| 17 | held under claim of right for the taxable year; | ||||||
| 18 | (Q) An amount equal to any amounts included in such | ||||||
| 19 | total, received by
the taxpayer as an acceleration in | ||||||
| 20 | the payment of life, endowment or annuity
benefits in | ||||||
| 21 | advance of the time they would otherwise be payable as | ||||||
| 22 | an indemnity
for a terminal illness; | ||||||
| 23 | (R) An amount equal to the amount of any federal or | ||||||
| 24 | State bonus paid
to veterans of the Persian Gulf War; | ||||||
| 25 | (S) An amount, to the extent included in adjusted | ||||||
| 26 | gross income, equal
to the amount of a contribution | ||||||
| |||||||
| |||||||
| 1 | made in the taxable year on behalf of the
taxpayer to a | ||||||
| 2 | medical care savings account established under the | ||||||
| 3 | Medical Care
Savings Account Act or the Medical Care | ||||||
| 4 | Savings Account Act of 2000 to the
extent the | ||||||
| 5 | contribution is accepted by the account
administrator | ||||||
| 6 | as provided in that Act; | ||||||
| 7 | (T) An amount, to the extent included in adjusted | ||||||
| 8 | gross income, equal to
the amount of interest earned in | ||||||
| 9 | the taxable year on a medical care savings
account | ||||||
| 10 | established under the Medical Care Savings Account Act | ||||||
| 11 | or the Medical
Care Savings Account Act of 2000 on | ||||||
| 12 | behalf of the
taxpayer, other than interest added | ||||||
| 13 | pursuant to item (D-5) of this paragraph
(2); | ||||||
| 14 | (U) For one taxable year beginning on or after | ||||||
| 15 | January 1,
1994, an
amount equal to the total amount of | ||||||
| 16 | tax imposed and paid under subsections (a)
and (b) of | ||||||
| 17 | Section 201 of this Act on grant amounts received by | ||||||
| 18 | the taxpayer
under the Nursing Home Grant Assistance | ||||||
| 19 | Act during the taxpayer's taxable years
1992 and 1993; | ||||||
| 20 | (V) Beginning with tax years ending on or after | ||||||
| 21 | December 31, 1995 and
ending with tax years ending on | ||||||
| 22 | or before December 31, 2004, an amount equal to
the | ||||||
| 23 | amount paid by a taxpayer who is a
self-employed | ||||||
| 24 | taxpayer, a partner of a partnership, or a
shareholder | ||||||
| 25 | in a Subchapter S corporation for health insurance or | ||||||
| 26 | long-term
care insurance for that taxpayer or that | ||||||
| |||||||
| |||||||
| 1 | taxpayer's spouse or dependents, to
the extent that the | ||||||
| 2 | amount paid for that health insurance or long-term care
| ||||||
| 3 | insurance may be deducted under Section 213 of the | ||||||
| 4 | Internal Revenue Code, has not been deducted on the | ||||||
| 5 | federal income tax return of the taxpayer,
and does not | ||||||
| 6 | exceed the taxable income attributable to that | ||||||
| 7 | taxpayer's income,
self-employment income, or | ||||||
| 8 | Subchapter S corporation income; except that no
| ||||||
| 9 | deduction shall be allowed under this item (V) if the | ||||||
| 10 | taxpayer is eligible to
participate in any health | ||||||
| 11 | insurance or long-term care insurance plan of an
| ||||||
| 12 | employer of the taxpayer or the taxpayer's
spouse. The | ||||||
| 13 | amount of the health insurance and long-term care | ||||||
| 14 | insurance
subtracted under this item (V) shall be | ||||||
| 15 | determined by multiplying total
health insurance and | ||||||
| 16 | long-term care insurance premiums paid by the taxpayer
| ||||||
| 17 | times a number that represents the fractional | ||||||
| 18 | percentage of eligible medical
expenses under Section | ||||||
| 19 | 213 of the Internal Revenue Code of 1986 not actually
| ||||||
| 20 | deducted on the taxpayer's federal income tax return; | ||||||
| 21 | (W) For taxable years beginning on or after January | ||||||
| 22 | 1, 1998,
all amounts included in the taxpayer's federal | ||||||
| 23 | gross income
in the taxable year from amounts converted | ||||||
| 24 | from a regular IRA to a Roth IRA.
This paragraph is | ||||||
| 25 | exempt from the provisions of Section
250; | ||||||
| 26 | (X) For taxable year 1999 and thereafter, an amount | ||||||
| |||||||
| |||||||
| 1 | equal to the
amount of any (i) distributions, to the | ||||||
| 2 | extent includible in gross income for
federal income | ||||||
| 3 | tax purposes, made to the taxpayer because of his or | ||||||
| 4 | her status
as a victim of persecution for racial or | ||||||
| 5 | religious reasons by Nazi Germany or
any other Axis | ||||||
| 6 | regime or as an heir of the victim and (ii) items
of | ||||||
| 7 | income, to the extent
includible in gross income for | ||||||
| 8 | federal income tax purposes, attributable to,
derived | ||||||
| 9 | from or in any way related to assets stolen from, | ||||||
| 10 | hidden from, or
otherwise lost to a victim of
| ||||||
| 11 | persecution for racial or religious reasons by Nazi | ||||||
| 12 | Germany or any other Axis
regime immediately prior to, | ||||||
| 13 | during, and immediately after World War II,
including, | ||||||
| 14 | but
not limited to, interest on the proceeds receivable | ||||||
| 15 | as insurance
under policies issued to a victim of | ||||||
| 16 | persecution for racial or religious
reasons
by Nazi | ||||||
| 17 | Germany or any other Axis regime by European insurance | ||||||
| 18 | companies
immediately prior to and during World War II;
| ||||||
| 19 | provided, however, this subtraction from federal | ||||||
| 20 | adjusted gross income does not
apply to assets acquired | ||||||
| 21 | with such assets or with the proceeds from the sale of
| ||||||
| 22 | such assets; provided, further, this paragraph shall | ||||||
| 23 | only apply to a taxpayer
who was the first recipient of | ||||||
| 24 | such assets after their recovery and who is a
victim of | ||||||
| 25 | persecution for racial or religious reasons
by Nazi | ||||||
| 26 | Germany or any other Axis regime or as an heir of the | ||||||
| |||||||
| |||||||
| 1 | victim. The
amount of and the eligibility for any | ||||||
| 2 | public assistance, benefit, or
similar entitlement is | ||||||
| 3 | not affected by the inclusion of items (i) and (ii) of
| ||||||
| 4 | this paragraph in gross income for federal income tax | ||||||
| 5 | purposes.
This paragraph is exempt from the provisions | ||||||
| 6 | of Section 250; | ||||||
| 7 | (Y) For taxable years beginning on or after January | ||||||
| 8 | 1, 2002
and ending
on or before December 31, 2004, | ||||||
| 9 | moneys contributed in the taxable year to a College | ||||||
| 10 | Savings Pool account under
Section 16.5 of the State | ||||||
| 11 | Treasurer Act, except that amounts excluded from
gross | ||||||
| 12 | income under Section 529(c)(3)(C)(i) of the Internal | ||||||
| 13 | Revenue Code
shall not be considered moneys | ||||||
| 14 | contributed under this subparagraph (Y). For taxable | ||||||
| 15 | years beginning on or after January 1, 2005, a maximum | ||||||
| 16 | of $10,000
contributed
in the
taxable year to (i) a | ||||||
| 17 | College Savings Pool account under Section 16.5 of the
| ||||||
| 18 | State
Treasurer Act or (ii) the Illinois Prepaid | ||||||
| 19 | Tuition Trust Fund,
except that
amounts excluded from | ||||||
| 20 | gross income under Section 529(c)(3)(C)(i) of the
| ||||||
| 21 | Internal
Revenue Code shall not be considered moneys | ||||||
| 22 | contributed under this subparagraph
(Y). For purposes | ||||||
| 23 | of this subparagraph, contributions made by an | ||||||
| 24 | employer on behalf of an employee, or matching | ||||||
| 25 | contributions made by an employee, shall be treated as | ||||||
| 26 | made by the employee. This
subparagraph (Y) is exempt | ||||||
| |||||||
| |||||||
| 1 | from the provisions of Section 250; | ||||||
| 2 | (Z) For taxable years 2001 and thereafter, for the | ||||||
| 3 | taxable year in
which the bonus depreciation deduction
| ||||||
| 4 | is taken on the taxpayer's federal income tax return | ||||||
| 5 | under
subsection (k) of Section 168 of the Internal | ||||||
| 6 | Revenue Code and for each
applicable taxable year | ||||||
| 7 | thereafter, an amount equal to "x", where: | ||||||
| 8 | (1) "y" equals the amount of the depreciation | ||||||
| 9 | deduction taken for the
taxable year
on the | ||||||
| 10 | taxpayer's federal income tax return on property | ||||||
| 11 | for which the bonus
depreciation deduction
was | ||||||
| 12 | taken in any year under subsection (k) of Section | ||||||
| 13 | 168 of the Internal
Revenue Code, but not including | ||||||
| 14 | the bonus depreciation deduction; | ||||||
| 15 | (2) for taxable years ending on or before | ||||||
| 16 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
| 17 | and then divided by 70 (or "y"
multiplied by | ||||||
| 18 | 0.429); and | ||||||
| 19 | (3) for taxable years ending after December | ||||||
| 20 | 31, 2005: | ||||||
| 21 | (i) for property on which a bonus | ||||||
| 22 | depreciation deduction of 30% of the adjusted | ||||||
| 23 | basis was taken, "x" equals "y" multiplied by | ||||||
| 24 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
| 25 | 0.429); and | ||||||
| 26 | (ii) for property on which a bonus | ||||||
| |||||||
| |||||||
| 1 | depreciation deduction of 50% of the adjusted | ||||||
| 2 | basis was taken, "x" equals "y" multiplied by | ||||||
| 3 | 1.0. | ||||||
| 4 | The aggregate amount deducted under this | ||||||
| 5 | subparagraph in all taxable
years for any one piece of | ||||||
| 6 | property may not exceed the amount of the bonus
| ||||||
| 7 | depreciation deduction
taken on that property on the | ||||||
| 8 | taxpayer's federal income tax return under
subsection | ||||||
| 9 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
| 10 | subparagraph (Z) is exempt from the provisions of | ||||||
| 11 | Section 250; | ||||||
| 12 | (AA) If the taxpayer sells, transfers, abandons, | ||||||
| 13 | or otherwise disposes of
property for which the | ||||||
| 14 | taxpayer was required in any taxable year to make an
| ||||||
| 15 | addition modification under subparagraph (D-15), then | ||||||
| 16 | an amount equal to that
addition modification.
| ||||||
| 17 | If the taxpayer continues to own property through | ||||||
| 18 | the last day of the last tax year for which the | ||||||
| 19 | taxpayer may claim a depreciation deduction for | ||||||
| 20 | federal income tax purposes and for which the taxpayer | ||||||
| 21 | was required in any taxable year to make an addition | ||||||
| 22 | modification under subparagraph (D-15), then an amount | ||||||
| 23 | equal to that addition modification.
| ||||||
| 24 | The taxpayer is allowed to take the deduction under | ||||||
| 25 | this subparagraph
only once with respect to any one | ||||||
| 26 | piece of property. | ||||||
| |||||||
| |||||||
| 1 | This subparagraph (AA) is exempt from the | ||||||
| 2 | provisions of Section 250; | ||||||
| 3 | (BB) Any amount included in adjusted gross income, | ||||||
| 4 | other
than
salary,
received by a driver in a | ||||||
| 5 | ridesharing arrangement using a motor vehicle; | ||||||
| 6 | (CC) The amount of (i) any interest income (net of | ||||||
| 7 | the deductions allocable thereto) taken into account | ||||||
| 8 | for the taxable year with respect to a transaction with | ||||||
| 9 | a taxpayer that is required to make an addition | ||||||
| 10 | modification with respect to such transaction under | ||||||
| 11 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
| 12 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
| 13 | the amount of that addition modification, and
(ii) any | ||||||
| 14 | income from intangible property (net of the deductions | ||||||
| 15 | allocable thereto) taken into account for the taxable | ||||||
| 16 | year with respect to a transaction with a taxpayer that | ||||||
| 17 | is required to make an addition modification with | ||||||
| 18 | respect to such transaction under Section | ||||||
| 19 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
| 20 | 203(d)(2)(D-8), but not to exceed the amount of that | ||||||
| 21 | addition modification. This subparagraph (CC) is | ||||||
| 22 | exempt from the provisions of Section 250; | ||||||
| 23 | (DD) An amount equal to the interest income taken | ||||||
| 24 | into account for the taxable year (net of the | ||||||
| 25 | deductions allocable thereto) with respect to | ||||||
| 26 | transactions with (i) a foreign person who would be a | ||||||
| |||||||
| |||||||
| 1 | member of the taxpayer's unitary business group but for | ||||||
| 2 | the fact that the foreign person's business activity | ||||||
| 3 | outside the United States is 80% or more of that | ||||||
| 4 | person's total business activity and (ii) for taxable | ||||||
| 5 | years ending on or after December 31, 2008, to a person | ||||||
| 6 | who would be a member of the same unitary business | ||||||
| 7 | group but for the fact that the person is prohibited | ||||||
| 8 | under Section 1501(a)(27) from being included in the | ||||||
| 9 | unitary business group because he or she is ordinarily | ||||||
| 10 | required to apportion business income under different | ||||||
| 11 | subsections of Section 304, but not to exceed the | ||||||
| 12 | addition modification required to be made for the same | ||||||
| 13 | taxable year under Section 203(a)(2)(D-17) for | ||||||
| 14 | interest paid, accrued, or incurred, directly or | ||||||
| 15 | indirectly, to the same person. This subparagraph (DD) | ||||||
| 16 | is exempt from the provisions of Section 250; | ||||||
| 17 | (EE) An amount equal to the income from intangible | ||||||
| 18 | property taken into account for the taxable year (net | ||||||
| 19 | of the deductions allocable thereto) with respect to | ||||||
| 20 | transactions with (i) a foreign person who would be a | ||||||
| 21 | member of the taxpayer's unitary business group but for | ||||||
| 22 | the fact that the foreign person's business activity | ||||||
| 23 | outside the United States is 80% or more of that | ||||||
| 24 | person's total business activity and (ii) for taxable | ||||||
| 25 | years ending on or after December 31, 2008, to a person | ||||||
| 26 | who would be a member of the same unitary business | ||||||
| |||||||
| |||||||
| 1 | group but for the fact that the person is prohibited | ||||||
| 2 | under Section 1501(a)(27) from being included in the | ||||||
| 3 | unitary business group because he or she is ordinarily | ||||||
| 4 | required to apportion business income under different | ||||||
| 5 | subsections of Section 304, but not to exceed the | ||||||
| 6 | addition modification required to be made for the same | ||||||
| 7 | taxable year under Section 203(a)(2)(D-18) for | ||||||
| 8 | intangible expenses and costs paid, accrued, or | ||||||
| 9 | incurred, directly or indirectly, to the same foreign | ||||||
| 10 | person. This subparagraph (EE) is exempt from the | ||||||
| 11 | provisions of Section 250; | ||||||
| 12 | (FF) An amount equal to any amount awarded to the | ||||||
| 13 | taxpayer during the taxable year by the Court of Claims | ||||||
| 14 | under subsection (c) of Section 8 of the Court of | ||||||
| 15 | Claims Act for time unjustly served in a State prison. | ||||||
| 16 | This subparagraph (FF) is exempt from the provisions of | ||||||
| 17 | Section 250; | ||||||
| 18 | (GG) For taxable years ending on or after December | ||||||
| 19 | 31, 2011, in the case of a taxpayer who was required to | ||||||
| 20 | add back any insurance premiums under Section | ||||||
| 21 | 203(a)(2)(D-19), such taxpayer may elect to subtract | ||||||
| 22 | that part of a reimbursement received from the | ||||||
| 23 | insurance company equal to the amount of the expense or | ||||||
| 24 | loss (including expenses incurred by the insurance | ||||||
| 25 | company) that would have been taken into account as a | ||||||
| 26 | deduction for federal income tax purposes if the | ||||||
| |||||||
| |||||||
| 1 | expense or loss had been uninsured. If a taxpayer makes | ||||||
| 2 | the election provided for by this subparagraph (GG), | ||||||
| 3 | the insurer to which the premiums were paid must add | ||||||
| 4 | back to income the amount subtracted by the taxpayer | ||||||
| 5 | pursuant to this subparagraph (GG). This subparagraph | ||||||
| 6 | (GG) is exempt from the provisions of Section 250; and | ||||||
| 7 | (HH) For taxable years beginning on or after | ||||||
| 8 | January 1, 2018 and prior to January 1, 2023, a maximum | ||||||
| 9 | of $10,000 contributed in the taxable year to a | ||||||
| 10 | qualified ABLE account under Section 16.6 of the State | ||||||
| 11 | Treasurer Act, except that amounts excluded from gross | ||||||
| 12 | income under Section 529(c)(3)(C)(i) or Section | ||||||
| 13 | 529A(c)(1)(C) of the Internal Revenue Code shall not be | ||||||
| 14 | considered moneys contributed under this subparagraph | ||||||
| 15 | (HH). For purposes of this subparagraph (HH), | ||||||
| 16 | contributions made by an employer on behalf of an | ||||||
| 17 | employee, or matching contributions made by an | ||||||
| 18 | employee, shall be treated as made by the employee.
| ||||||
| 19 | (b) Corporations. | ||||||
| 20 | (1) In general. In the case of a corporation, base | ||||||
| 21 | income means an
amount equal to the taxpayer's taxable | ||||||
| 22 | income for the taxable year as
modified by paragraph (2). | ||||||
| 23 | (2) Modifications. The taxable income referred to in | ||||||
| 24 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
| 25 | of the following amounts: | ||||||
| |||||||
| |||||||
| 1 | (A) An amount equal to all amounts paid or accrued | ||||||
| 2 | to the taxpayer
as interest and all distributions | ||||||
| 3 | received from regulated investment
companies during | ||||||
| 4 | the taxable year to the extent excluded from gross
| ||||||
| 5 | income in the computation of taxable income; | ||||||
| 6 | (B) An amount equal to the amount of tax imposed by | ||||||
| 7 | this Act to the
extent deducted from gross income in | ||||||
| 8 | the computation of taxable income
for the taxable year; | ||||||
| 9 | (C) In the case of a regulated investment company, | ||||||
| 10 | an amount equal to
the excess of (i) the net long-term | ||||||
| 11 | capital gain for the taxable year, over
(ii) the amount | ||||||
| 12 | of the capital gain dividends designated as such in | ||||||
| 13 | accordance
with Section 852(b)(3)(C) of the Internal | ||||||
| 14 | Revenue Code and any amount
designated under Section | ||||||
| 15 | 852(b)(3)(D) of the Internal Revenue Code,
| ||||||
| 16 | attributable to the taxable year (this amendatory Act | ||||||
| 17 | of 1995
(Public Act 89-89) is declarative of existing | ||||||
| 18 | law and is not a new
enactment); | ||||||
| 19 | (D) The amount of any net operating loss deduction | ||||||
| 20 | taken in arriving
at taxable income, other than a net | ||||||
| 21 | operating loss carried forward from a
taxable year | ||||||
| 22 | ending prior to December 31, 1986; | ||||||
| 23 | (E) For taxable years in which a net operating loss | ||||||
| 24 | carryback or
carryforward from a taxable year ending | ||||||
| 25 | prior to December 31, 1986 is an
element of taxable | ||||||
| 26 | income under paragraph (1) of subsection (e) or
| ||||||
| |||||||
| |||||||
| 1 | subparagraph (E) of paragraph (2) of subsection (e), | ||||||
| 2 | the amount by which
addition modifications other than | ||||||
| 3 | those provided by this subparagraph (E)
exceeded | ||||||
| 4 | subtraction modifications in such earlier taxable | ||||||
| 5 | year, with the
following limitations applied in the | ||||||
| 6 | order that they are listed: | ||||||
| 7 | (i) the addition modification relating to the | ||||||
| 8 | net operating loss
carried back or forward to the | ||||||
| 9 | taxable year from any taxable year ending
prior to | ||||||
| 10 | December 31, 1986 shall be reduced by the amount of | ||||||
| 11 | addition
modification under this subparagraph (E) | ||||||
| 12 | which related to that net operating
loss and which | ||||||
| 13 | was taken into account in calculating the base | ||||||
| 14 | income of an
earlier taxable year, and | ||||||
| 15 | (ii) the addition modification relating to the | ||||||
| 16 | net operating loss
carried back or forward to the | ||||||
| 17 | taxable year from any taxable year ending
prior to | ||||||
| 18 | December 31, 1986 shall not exceed the amount of | ||||||
| 19 | such carryback or
carryforward; | ||||||
| 20 | For taxable years in which there is a net operating | ||||||
| 21 | loss carryback or
carryforward from more than one other | ||||||
| 22 | taxable year ending prior to December
31, 1986, the | ||||||
| 23 | addition modification provided in this subparagraph | ||||||
| 24 | (E) shall
be the sum of the amounts computed | ||||||
| 25 | independently under the preceding
provisions of this | ||||||
| 26 | subparagraph (E) for each such taxable year; | ||||||
| |||||||
| |||||||
| 1 | (E-5) For taxable years ending after December 31, | ||||||
| 2 | 1997, an
amount equal to any eligible remediation costs | ||||||
| 3 | that the corporation
deducted in computing adjusted | ||||||
| 4 | gross income and for which the
corporation claims a | ||||||
| 5 | credit under subsection (l) of Section 201; | ||||||
| 6 | (E-10) For taxable years 2001 and thereafter, an | ||||||
| 7 | amount equal to the
bonus depreciation deduction taken | ||||||
| 8 | on the taxpayer's federal income tax return for the | ||||||
| 9 | taxable
year under subsection (k) of Section 168 of the | ||||||
| 10 | Internal Revenue Code; | ||||||
| 11 | (E-11) If the taxpayer sells, transfers, abandons, | ||||||
| 12 | or otherwise disposes of property for which the | ||||||
| 13 | taxpayer was required in any taxable year to
make an | ||||||
| 14 | addition modification under subparagraph (E-10), then | ||||||
| 15 | an amount equal
to the aggregate amount of the | ||||||
| 16 | deductions taken in all taxable
years under | ||||||
| 17 | subparagraph (T) with respect to that property. | ||||||
| 18 | If the taxpayer continues to own property through | ||||||
| 19 | the last day of the last tax year for which the | ||||||
| 20 | taxpayer may claim a depreciation deduction for | ||||||
| 21 | federal income tax purposes and for which the taxpayer | ||||||
| 22 | was allowed in any taxable year to make a subtraction | ||||||
| 23 | modification under subparagraph (T), then an amount | ||||||
| 24 | equal to that subtraction modification.
| ||||||
| 25 | The taxpayer is required to make the addition | ||||||
| 26 | modification under this
subparagraph
only once with | ||||||
| |||||||
| |||||||
| 1 | respect to any one piece of property; | ||||||
| 2 | (E-12) An amount equal to the amount otherwise | ||||||
| 3 | allowed as a deduction in computing base income for | ||||||
| 4 | interest paid, accrued, or incurred, directly or | ||||||
| 5 | indirectly, (i) for taxable years ending on or after | ||||||
| 6 | December 31, 2004, to a foreign person who would be a | ||||||
| 7 | member of the same unitary business group but for the | ||||||
| 8 | fact the foreign person's business activity outside | ||||||
| 9 | the United States is 80% or more of the foreign | ||||||
| 10 | person's total business activity and (ii) for taxable | ||||||
| 11 | years ending on or after December 31, 2008, to a person | ||||||
| 12 | who would be a member of the same unitary business | ||||||
| 13 | group but for the fact that the person is prohibited | ||||||
| 14 | under Section 1501(a)(27) from being included in the | ||||||
| 15 | unitary business group because he or she is ordinarily | ||||||
| 16 | required to apportion business income under different | ||||||
| 17 | subsections of Section 304. The addition modification | ||||||
| 18 | required by this subparagraph shall be reduced to the | ||||||
| 19 | extent that dividends were included in base income of | ||||||
| 20 | the unitary group for the same taxable year and | ||||||
| 21 | received by the taxpayer or by a member of the | ||||||
| 22 | taxpayer's unitary business group (including amounts | ||||||
| 23 | included in gross income pursuant to Sections 951 | ||||||
| 24 | through 964 of the Internal Revenue Code and amounts | ||||||
| 25 | included in gross income under Section 78 of the | ||||||
| 26 | Internal Revenue Code) with respect to the stock of the | ||||||
| |||||||
| |||||||
| 1 | same person to whom the interest was paid, accrued, or | ||||||
| 2 | incurred.
| ||||||
| 3 | This paragraph shall not apply to the following:
| ||||||
| 4 | (i) an item of interest paid, accrued, or | ||||||
| 5 | incurred, directly or indirectly, to a person who | ||||||
| 6 | is subject in a foreign country or state, other | ||||||
| 7 | than a state which requires mandatory unitary | ||||||
| 8 | reporting, to a tax on or measured by net income | ||||||
| 9 | with respect to such interest; or | ||||||
| 10 | (ii) an item of interest paid, accrued, or | ||||||
| 11 | incurred, directly or indirectly, to a person if | ||||||
| 12 | the taxpayer can establish, based on a | ||||||
| 13 | preponderance of the evidence, both of the | ||||||
| 14 | following: | ||||||
| 15 | (a) the person, during the same taxable | ||||||
| 16 | year, paid, accrued, or incurred, the interest | ||||||
| 17 | to a person that is not a related member, and | ||||||
| 18 | (b) the transaction giving rise to the | ||||||
| 19 | interest expense between the taxpayer and the | ||||||
| 20 | person did not have as a principal purpose the | ||||||
| 21 | avoidance of Illinois income tax, and is paid | ||||||
| 22 | pursuant to a contract or agreement that | ||||||
| 23 | reflects an arm's-length interest rate and | ||||||
| 24 | terms; or
| ||||||
| 25 | (iii) the taxpayer can establish, based on | ||||||
| 26 | clear and convincing evidence, that the interest | ||||||
| |||||||
| |||||||
| 1 | paid, accrued, or incurred relates to a contract or | ||||||
| 2 | agreement entered into at arm's-length rates and | ||||||
| 3 | terms and the principal purpose for the payment is | ||||||
| 4 | not federal or Illinois tax avoidance; or
| ||||||
| 5 | (iv) an item of interest paid, accrued, or | ||||||
| 6 | incurred, directly or indirectly, to a person if | ||||||
| 7 | the taxpayer establishes by clear and convincing | ||||||
| 8 | evidence that the adjustments are unreasonable; or | ||||||
| 9 | if the taxpayer and the Director agree in writing | ||||||
| 10 | to the application or use of an alternative method | ||||||
| 11 | of apportionment under Section 304(f).
| ||||||
| 12 | Nothing in this subsection shall preclude the | ||||||
| 13 | Director from making any other adjustment | ||||||
| 14 | otherwise allowed under Section 404 of this Act for | ||||||
| 15 | any tax year beginning after the effective date of | ||||||
| 16 | this amendment provided such adjustment is made | ||||||
| 17 | pursuant to regulation adopted by the Department | ||||||
| 18 | and such regulations provide methods and standards | ||||||
| 19 | by which the Department will utilize its authority | ||||||
| 20 | under Section 404 of this Act;
| ||||||
| 21 | (E-13) An amount equal to the amount of intangible | ||||||
| 22 | expenses and costs otherwise allowed as a deduction in | ||||||
| 23 | computing base income, and that were paid, accrued, or | ||||||
| 24 | incurred, directly or indirectly, (i) for taxable | ||||||
| 25 | years ending on or after December 31, 2004, to a | ||||||
| 26 | foreign person who would be a member of the same | ||||||
| |||||||
| |||||||
| 1 | unitary business group but for the fact that the | ||||||
| 2 | foreign person's business activity outside the United | ||||||
| 3 | States is 80% or more of that person's total business | ||||||
| 4 | activity and (ii) for taxable years ending on or after | ||||||
| 5 | December 31, 2008, to a person who would be a member of | ||||||
| 6 | the same unitary business group but for the fact that | ||||||
| 7 | the person is prohibited under Section 1501(a)(27) | ||||||
| 8 | from being included in the unitary business group | ||||||
| 9 | because he or she is ordinarily required to apportion | ||||||
| 10 | business income under different subsections of Section | ||||||
| 11 | 304. The addition modification required by this | ||||||
| 12 | subparagraph shall be reduced to the extent that | ||||||
| 13 | dividends were included in base income of the unitary | ||||||
| 14 | group for the same taxable year and received by the | ||||||
| 15 | taxpayer or by a member of the taxpayer's unitary | ||||||
| 16 | business group (including amounts included in gross | ||||||
| 17 | income pursuant to Sections 951 through 964 of the | ||||||
| 18 | Internal Revenue Code and amounts included in gross | ||||||
| 19 | income under Section 78 of the Internal Revenue Code) | ||||||
| 20 | with respect to the stock of the same person to whom | ||||||
| 21 | the intangible expenses and costs were directly or | ||||||
| 22 | indirectly paid, incurred, or accrued. The preceding | ||||||
| 23 | sentence shall not apply to the extent that the same | ||||||
| 24 | dividends caused a reduction to the addition | ||||||
| 25 | modification required under Section 203(b)(2)(E-12) of | ||||||
| 26 | this Act.
As used in this subparagraph, the term | ||||||
| |||||||
| |||||||
| 1 | "intangible expenses and costs" includes (1) expenses, | ||||||
| 2 | losses, and costs for, or related to, the direct or | ||||||
| 3 | indirect acquisition, use, maintenance or management, | ||||||
| 4 | ownership, sale, exchange, or any other disposition of | ||||||
| 5 | intangible property; (2) losses incurred, directly or | ||||||
| 6 | indirectly, from factoring transactions or discounting | ||||||
| 7 | transactions; (3) royalty, patent, technical, and | ||||||
| 8 | copyright fees; (4) licensing fees; and (5) other | ||||||
| 9 | similar expenses and costs.
For purposes of this | ||||||
| 10 | subparagraph, "intangible property" includes patents, | ||||||
| 11 | patent applications, trade names, trademarks, service | ||||||
| 12 | marks, copyrights, mask works, trade secrets, and | ||||||
| 13 | similar types of intangible assets. | ||||||
| 14 | This paragraph shall not apply to the following: | ||||||
| 15 | (i) any item of intangible expenses or costs | ||||||
| 16 | paid, accrued, or incurred, directly or | ||||||
| 17 | indirectly, from a transaction with a person who is | ||||||
| 18 | subject in a foreign country or state, other than a | ||||||
| 19 | state which requires mandatory unitary reporting, | ||||||
| 20 | to a tax on or measured by net income with respect | ||||||
| 21 | to such item; or | ||||||
| 22 | (ii) any item of intangible expense or cost | ||||||
| 23 | paid, accrued, or incurred, directly or | ||||||
| 24 | indirectly, if the taxpayer can establish, based | ||||||
| 25 | on a preponderance of the evidence, both of the | ||||||
| 26 | following: | ||||||
| |||||||
| |||||||
| 1 | (a) the person during the same taxable | ||||||
| 2 | year paid, accrued, or incurred, the | ||||||
| 3 | intangible expense or cost to a person that is | ||||||
| 4 | not a related member, and | ||||||
| 5 | (b) the transaction giving rise to the | ||||||
| 6 | intangible expense or cost between the | ||||||
| 7 | taxpayer and the person did not have as a | ||||||
| 8 | principal purpose the avoidance of Illinois | ||||||
| 9 | income tax, and is paid pursuant to a contract | ||||||
| 10 | or agreement that reflects arm's-length terms; | ||||||
| 11 | or | ||||||
| 12 | (iii) any item of intangible expense or cost | ||||||
| 13 | paid, accrued, or incurred, directly or | ||||||
| 14 | indirectly, from a transaction with a person if the | ||||||
| 15 | taxpayer establishes by clear and convincing | ||||||
| 16 | evidence, that the adjustments are unreasonable; | ||||||
| 17 | or if the taxpayer and the Director agree in | ||||||
| 18 | writing to the application or use of an alternative | ||||||
| 19 | method of apportionment under Section 304(f);
| ||||||
| 20 | Nothing in this subsection shall preclude the | ||||||
| 21 | Director from making any other adjustment | ||||||
| 22 | otherwise allowed under Section 404 of this Act for | ||||||
| 23 | any tax year beginning after the effective date of | ||||||
| 24 | this amendment provided such adjustment is made | ||||||
| 25 | pursuant to regulation adopted by the Department | ||||||
| 26 | and such regulations provide methods and standards | ||||||
| |||||||
| |||||||
| 1 | by which the Department will utilize its authority | ||||||
| 2 | under Section 404 of this Act;
| ||||||
| 3 | (E-14) For taxable years ending on or after | ||||||
| 4 | December 31, 2008, an amount equal to the amount of | ||||||
| 5 | insurance premium expenses and costs otherwise allowed | ||||||
| 6 | as a deduction in computing base income, and that were | ||||||
| 7 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 8 | a person who would be a member of the same unitary | ||||||
| 9 | business group but for the fact that the person is | ||||||
| 10 | prohibited under Section 1501(a)(27) from being | ||||||
| 11 | included in the unitary business group because he or | ||||||
| 12 | she is ordinarily required to apportion business | ||||||
| 13 | income under different subsections of Section 304. The | ||||||
| 14 | addition modification required by this subparagraph | ||||||
| 15 | shall be reduced to the extent that dividends were | ||||||
| 16 | included in base income of the unitary group for the | ||||||
| 17 | same taxable year and received by the taxpayer or by a | ||||||
| 18 | member of the taxpayer's unitary business group | ||||||
| 19 | (including amounts included in gross income under | ||||||
| 20 | Sections 951 through 964 of the Internal Revenue Code | ||||||
| 21 | and amounts included in gross income under Section 78 | ||||||
| 22 | of the Internal Revenue Code) with respect to the stock | ||||||
| 23 | of the same person to whom the premiums and costs were | ||||||
| 24 | directly or indirectly paid, incurred, or accrued. The | ||||||
| 25 | preceding sentence does not apply to the extent that | ||||||
| 26 | the same dividends caused a reduction to the addition | ||||||
| |||||||
| |||||||
| 1 | modification required under Section 203(b)(2)(E-12) or | ||||||
| 2 | Section 203(b)(2)(E-13) of this Act;
| ||||||
| 3 | (E-15) For taxable years beginning after December | ||||||
| 4 | 31, 2008, any deduction for dividends paid by a captive | ||||||
| 5 | real estate investment trust that is allowed to a real | ||||||
| 6 | estate investment trust under Section 857(b)(2)(B) of | ||||||
| 7 | the Internal Revenue Code for dividends paid; | ||||||
| 8 | (E-16) An amount equal to the credit allowable to | ||||||
| 9 | the taxpayer under Section 218(a) of this Act, | ||||||
| 10 | determined without regard to Section 218(c) of this | ||||||
| 11 | Act; | ||||||
| 12 | (E-17) For taxable years ending on or after | ||||||
| 13 | December 31, 2017, an amount equal to the deduction | ||||||
| 14 | allowed under Section 199 of the Internal Revenue Code | ||||||
| 15 | for the taxable year; | ||||||
| 16 | (E-18) for taxable years beginning after December | ||||||
| 17 | 31, 2018, an amount equal to the deduction allowed | ||||||
| 18 | under Section 250(a)(1)(A) of the Internal Revenue | ||||||
| 19 | Code for the taxable year. | ||||||
| 20 | and by deducting from the total so obtained the sum of the | ||||||
| 21 | following
amounts: | ||||||
| 22 | (F) An amount equal to the amount of any tax | ||||||
| 23 | imposed by this Act
which was refunded to the taxpayer | ||||||
| 24 | and included in such total for the
taxable year; | ||||||
| 25 | (G) An amount equal to any amount included in such | ||||||
| 26 | total under
Section 78 of the Internal Revenue Code; | ||||||
| |||||||
| |||||||
| 1 | (H) In the case of a regulated investment company, | ||||||
| 2 | an amount equal
to the amount of exempt interest | ||||||
| 3 | dividends as defined in subsection (b)(5) of Section | ||||||
| 4 | 852 of the Internal Revenue Code, paid to shareholders
| ||||||
| 5 | for the taxable year; | ||||||
| 6 | (I) With the exception of any amounts subtracted | ||||||
| 7 | under subparagraph
(J),
an amount equal to the sum of | ||||||
| 8 | all amounts disallowed as
deductions by (i) Sections | ||||||
| 9 | 171(a)(2), and 265(a)(2) and amounts disallowed as
| ||||||
| 10 | interest expense by Section 291(a)(3) of the Internal | ||||||
| 11 | Revenue Code, and all amounts of expenses allocable to | ||||||
| 12 | interest and
disallowed as deductions by Section | ||||||
| 13 | 265(a)(1) of the Internal Revenue Code;
and (ii) for | ||||||
| 14 | taxable years
ending on or after August 13, 1999, | ||||||
| 15 | Sections
171(a)(2), 265,
280C, 291(a)(3), and | ||||||
| 16 | 832(b)(5)(B)(i) of the Internal Revenue Code, plus, | ||||||
| 17 | for tax years ending on or after December 31, 2011, | ||||||
| 18 | amounts disallowed as deductions by Section 45G(e)(3) | ||||||
| 19 | of the Internal Revenue Code and, for taxable years | ||||||
| 20 | ending on or after December 31, 2008, any amount | ||||||
| 21 | included in gross income under Section 87 of the | ||||||
| 22 | Internal Revenue Code and the policyholders' share of | ||||||
| 23 | tax-exempt interest of a life insurance company under | ||||||
| 24 | Section 807(a)(2)(B) of the Internal Revenue Code (in | ||||||
| 25 | the case of a life insurance company with gross income | ||||||
| 26 | from a decrease in reserves for the tax year) or | ||||||
| |||||||
| |||||||
| 1 | Section 807(b)(1)(B) of the Internal Revenue Code (in | ||||||
| 2 | the case of a life insurance company allowed a | ||||||
| 3 | deduction for an increase in reserves for the tax | ||||||
| 4 | year); the
provisions of this
subparagraph are exempt | ||||||
| 5 | from the provisions of Section 250; | ||||||
| 6 | (J) An amount equal to all amounts included in such | ||||||
| 7 | total which are
exempt from taxation by this State | ||||||
| 8 | either by reason of its statutes or
Constitution
or by | ||||||
| 9 | reason of the Constitution, treaties or statutes of the | ||||||
| 10 | United States;
provided that, in the case of any | ||||||
| 11 | statute of this State that exempts income
derived from | ||||||
| 12 | bonds or other obligations from the tax imposed under | ||||||
| 13 | this Act,
the amount exempted shall be the interest net | ||||||
| 14 | of bond premium amortization; | ||||||
| 15 | (K) An amount equal to those dividends included in | ||||||
| 16 | such total
which were paid by a corporation which | ||||||
| 17 | conducts
business operations in a River Edge | ||||||
| 18 | Redevelopment Zone or zones created under the River | ||||||
| 19 | Edge Redevelopment Zone Act and conducts substantially | ||||||
| 20 | all of its
operations in a River Edge Redevelopment | ||||||
| 21 | Zone or zones. This subparagraph (K) is exempt from the | ||||||
| 22 | provisions of Section 250; | ||||||
| 23 | (L) An amount equal to those dividends included in | ||||||
| 24 | such total that
were paid by a corporation that | ||||||
| 25 | conducts business operations in a federally
designated | ||||||
| 26 | Foreign Trade Zone or Sub-Zone and that is designated a | ||||||
| |||||||
| |||||||
| 1 | High Impact
Business located in Illinois; provided | ||||||
| 2 | that dividends eligible for the
deduction provided in | ||||||
| 3 | subparagraph (K) of paragraph 2 of this subsection
| ||||||
| 4 | shall not be eligible for the deduction provided under | ||||||
| 5 | this subparagraph
(L); | ||||||
| 6 | (M) For any taxpayer that is a financial | ||||||
| 7 | organization within the meaning
of Section 304(c) of | ||||||
| 8 | this Act, an amount included in such total as interest
| ||||||
| 9 | income from a loan or loans made by such taxpayer to a | ||||||
| 10 | borrower, to the extent
that such a loan is secured by | ||||||
| 11 | property which is eligible for the River Edge | ||||||
| 12 | Redevelopment Zone Investment Credit. To determine the | ||||||
| 13 | portion of a loan or loans that is
secured by property | ||||||
| 14 | eligible for a Section 201(f) investment
credit to the | ||||||
| 15 | borrower, the entire principal amount of the loan or | ||||||
| 16 | loans
between the taxpayer and the borrower should be | ||||||
| 17 | divided into the basis of the
Section 201(f) investment | ||||||
| 18 | credit property which secures the
loan or loans, using | ||||||
| 19 | for this purpose the original basis of such property on
| ||||||
| 20 | the date that it was placed in service in the River | ||||||
| 21 | Edge Redevelopment Zone. The subtraction modification | ||||||
| 22 | available to the taxpayer in any
year under this | ||||||
| 23 | subsection shall be that portion of the total interest | ||||||
| 24 | paid
by the borrower with respect to such loan | ||||||
| 25 | attributable to the eligible
property as calculated | ||||||
| 26 | under the previous sentence. This subparagraph (M) is | ||||||
| |||||||
| |||||||
| 1 | exempt from the provisions of Section 250; | ||||||
| 2 | (M-1) For any taxpayer that is a financial | ||||||
| 3 | organization within the
meaning of Section 304(c) of | ||||||
| 4 | this Act, an amount included in such total as
interest | ||||||
| 5 | income from a loan or loans made by such taxpayer to a | ||||||
| 6 | borrower,
to the extent that such a loan is secured by | ||||||
| 7 | property which is eligible for
the High Impact Business | ||||||
| 8 | Investment Credit. To determine the portion of a
loan | ||||||
| 9 | or loans that is secured by property eligible for a | ||||||
| 10 | Section 201(h) investment credit to the borrower, the | ||||||
| 11 | entire principal amount of
the loan or loans between | ||||||
| 12 | the taxpayer and the borrower should be divided into
| ||||||
| 13 | the basis of the Section 201(h) investment credit | ||||||
| 14 | property which
secures the loan or loans, using for | ||||||
| 15 | this purpose the original basis of such
property on the | ||||||
| 16 | date that it was placed in service in a federally | ||||||
| 17 | designated
Foreign Trade Zone or Sub-Zone located in | ||||||
| 18 | Illinois. No taxpayer that is
eligible for the | ||||||
| 19 | deduction provided in subparagraph (M) of paragraph | ||||||
| 20 | (2) of
this subsection shall be eligible for the | ||||||
| 21 | deduction provided under this
subparagraph (M-1). The | ||||||
| 22 | subtraction modification available to taxpayers in
any | ||||||
| 23 | year under this subsection shall be that portion of the | ||||||
| 24 | total interest
paid by the borrower with respect to | ||||||
| 25 | such loan attributable to the eligible
property as | ||||||
| 26 | calculated under the previous sentence; | ||||||
| |||||||
| |||||||
| 1 | (N) Two times any contribution made during the | ||||||
| 2 | taxable year to a
designated zone organization to the | ||||||
| 3 | extent that the contribution (i)
qualifies as a | ||||||
| 4 | charitable contribution under subsection (c) of | ||||||
| 5 | Section 170
of the Internal Revenue Code and (ii) must, | ||||||
| 6 | by its terms, be used for a
project approved by the | ||||||
| 7 | Department of Commerce and Economic Opportunity under | ||||||
| 8 | Section 11 of the Illinois Enterprise Zone Act or under | ||||||
| 9 | Section 10-10 of the River Edge Redevelopment Zone Act. | ||||||
| 10 | This subparagraph (N) is exempt from the provisions of | ||||||
| 11 | Section 250; | ||||||
| 12 | (O) An amount equal to: (i) 85% for taxable years | ||||||
| 13 | ending on or before
December 31, 1992, or, a percentage | ||||||
| 14 | equal to the percentage allowable under
Section | ||||||
| 15 | 243(a)(1) of the Internal Revenue Code of 1986 for | ||||||
| 16 | taxable years ending
after December 31, 1992, of the | ||||||
| 17 | amount by which dividends included in taxable
income | ||||||
| 18 | and received from a corporation that is not created or | ||||||
| 19 | organized under
the laws of the United States or any | ||||||
| 20 | state or political subdivision thereof,
including, for | ||||||
| 21 | taxable years ending on or after December 31, 1988, | ||||||
| 22 | dividends
received or deemed received or paid or deemed | ||||||
| 23 | paid under Sections 951 through
965 of the Internal | ||||||
| 24 | Revenue Code, exceed the amount of the modification
| ||||||
| 25 | provided under subparagraph (G) of paragraph (2) of | ||||||
| 26 | this subsection (b) which
is related to such dividends, | ||||||
| |||||||
| |||||||
| 1 | and including, for taxable years ending on or after | ||||||
| 2 | December 31, 2008, dividends received from a captive | ||||||
| 3 | real estate investment trust; plus (ii) 100% of the | ||||||
| 4 | amount by which dividends,
included in taxable income | ||||||
| 5 | and received, including, for taxable years ending on
or | ||||||
| 6 | after December 31, 1988, dividends received or deemed | ||||||
| 7 | received or paid or
deemed paid under Sections 951 | ||||||
| 8 | through 964 of the Internal Revenue Code and including, | ||||||
| 9 | for taxable years ending on or after December 31, 2008, | ||||||
| 10 | dividends received from a captive real estate | ||||||
| 11 | investment trust, from
any such corporation specified | ||||||
| 12 | in clause (i) that would but for the provisions
of | ||||||
| 13 | Section 1504(b)(3) of the Internal Revenue Code be | ||||||
| 14 | treated as a member of
the affiliated group which | ||||||
| 15 | includes the dividend recipient, exceed the amount
of | ||||||
| 16 | the modification provided under subparagraph (G) of | ||||||
| 17 | paragraph (2) of this
subsection (b) which is related | ||||||
| 18 | to such dividends. This subparagraph (O) is exempt from | ||||||
| 19 | the provisions of Section 250 of this Act; | ||||||
| 20 | (P) An amount equal to any contribution made to a | ||||||
| 21 | job training project
established pursuant to the Tax | ||||||
| 22 | Increment Allocation Redevelopment Act; | ||||||
| 23 | (Q) An amount equal to the amount of the deduction | ||||||
| 24 | used to compute the
federal income tax credit for | ||||||
| 25 | restoration of substantial amounts held under
claim of | ||||||
| 26 | right for the taxable year pursuant to Section 1341 of | ||||||
| |||||||
| |||||||
| 1 | the
Internal Revenue Code; | ||||||
| 2 | (R) On and after July 20, 1999, in the case of an | ||||||
| 3 | attorney-in-fact with respect to whom an
interinsurer | ||||||
| 4 | or a reciprocal insurer has made the election under | ||||||
| 5 | Section 835 of
the Internal Revenue Code, 26 U.S.C. | ||||||
| 6 | 835, an amount equal to the excess, if
any, of the | ||||||
| 7 | amounts paid or incurred by that interinsurer or | ||||||
| 8 | reciprocal insurer
in the taxable year to the | ||||||
| 9 | attorney-in-fact over the deduction allowed to that
| ||||||
| 10 | interinsurer or reciprocal insurer with respect to the | ||||||
| 11 | attorney-in-fact under
Section 835(b) of the Internal | ||||||
| 12 | Revenue Code for the taxable year; the provisions of | ||||||
| 13 | this subparagraph are exempt from the provisions of | ||||||
| 14 | Section 250; | ||||||
| 15 | (S) For taxable years ending on or after December | ||||||
| 16 | 31, 1997, in the
case of a Subchapter
S corporation, an | ||||||
| 17 | amount equal to all amounts of income allocable to a
| ||||||
| 18 | shareholder subject to the Personal Property Tax | ||||||
| 19 | Replacement Income Tax imposed
by subsections (c) and | ||||||
| 20 | (d) of Section 201 of this Act, including amounts
| ||||||
| 21 | allocable to organizations exempt from federal income | ||||||
| 22 | tax by reason of Section
501(a) of the Internal Revenue | ||||||
| 23 | Code. This subparagraph (S) is exempt from
the | ||||||
| 24 | provisions of Section 250; | ||||||
| 25 | (T) For taxable years 2001 and thereafter, for the | ||||||
| 26 | taxable year in
which the bonus depreciation deduction
| ||||||
| |||||||
| |||||||
| 1 | is taken on the taxpayer's federal income tax return | ||||||
| 2 | under
subsection (k) of Section 168 of the Internal | ||||||
| 3 | Revenue Code and for each
applicable taxable year | ||||||
| 4 | thereafter, an amount equal to "x", where: | ||||||
| 5 | (1) "y" equals the amount of the depreciation | ||||||
| 6 | deduction taken for the
taxable year
on the | ||||||
| 7 | taxpayer's federal income tax return on property | ||||||
| 8 | for which the bonus
depreciation deduction
was | ||||||
| 9 | taken in any year under subsection (k) of Section | ||||||
| 10 | 168 of the Internal
Revenue Code, but not including | ||||||
| 11 | the bonus depreciation deduction; | ||||||
| 12 | (2) for taxable years ending on or before | ||||||
| 13 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
| 14 | and then divided by 70 (or "y"
multiplied by | ||||||
| 15 | 0.429); and | ||||||
| 16 | (3) for taxable years ending after December | ||||||
| 17 | 31, 2005: | ||||||
| 18 | (i) for property on which a bonus | ||||||
| 19 | depreciation deduction of 30% of the adjusted | ||||||
| 20 | basis was taken, "x" equals "y" multiplied by | ||||||
| 21 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
| 22 | 0.429); and | ||||||
| 23 | (ii) for property on which a bonus | ||||||
| 24 | depreciation deduction of 50% of the adjusted | ||||||
| 25 | basis was taken, "x" equals "y" multiplied by | ||||||
| 26 | 1.0. | ||||||
| |||||||
| |||||||
| 1 | The aggregate amount deducted under this | ||||||
| 2 | subparagraph in all taxable
years for any one piece of | ||||||
| 3 | property may not exceed the amount of the bonus
| ||||||
| 4 | depreciation deduction
taken on that property on the | ||||||
| 5 | taxpayer's federal income tax return under
subsection | ||||||
| 6 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
| 7 | subparagraph (T) is exempt from the provisions of | ||||||
| 8 | Section 250; | ||||||
| 9 | (U) If the taxpayer sells, transfers, abandons, or | ||||||
| 10 | otherwise disposes of
property for which the taxpayer | ||||||
| 11 | was required in any taxable year to make an
addition | ||||||
| 12 | modification under subparagraph (E-10), then an amount | ||||||
| 13 | equal to that
addition modification. | ||||||
| 14 | If the taxpayer continues to own property through | ||||||
| 15 | the last day of the last tax year for which the | ||||||
| 16 | taxpayer may claim a depreciation deduction for | ||||||
| 17 | federal income tax purposes and for which the taxpayer | ||||||
| 18 | was required in any taxable year to make an addition | ||||||
| 19 | modification under subparagraph (E-10), then an amount | ||||||
| 20 | equal to that addition modification.
| ||||||
| 21 | The taxpayer is allowed to take the deduction under | ||||||
| 22 | this subparagraph
only once with respect to any one | ||||||
| 23 | piece of property. | ||||||
| 24 | This subparagraph (U) is exempt from the | ||||||
| 25 | provisions of Section 250; | ||||||
| 26 | (V) The amount of: (i) any interest income (net of | ||||||
| |||||||
| |||||||
| 1 | the deductions allocable thereto) taken into account | ||||||
| 2 | for the taxable year with respect to a transaction with | ||||||
| 3 | a taxpayer that is required to make an addition | ||||||
| 4 | modification with respect to such transaction under | ||||||
| 5 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
| 6 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
| 7 | the amount of such addition modification,
(ii) any | ||||||
| 8 | income from intangible property (net of the deductions | ||||||
| 9 | allocable thereto) taken into account for the taxable | ||||||
| 10 | year with respect to a transaction with a taxpayer that | ||||||
| 11 | is required to make an addition modification with | ||||||
| 12 | respect to such transaction under Section | ||||||
| 13 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
| 14 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
| 15 | addition modification, and (iii) any insurance premium | ||||||
| 16 | income (net of deductions allocable thereto) taken | ||||||
| 17 | into account for the taxable year with respect to a | ||||||
| 18 | transaction with a taxpayer that is required to make an | ||||||
| 19 | addition modification with respect to such transaction | ||||||
| 20 | under Section 203(a)(2)(D-19), Section | ||||||
| 21 | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section | ||||||
| 22 | 203(d)(2)(D-9), but not to exceed the amount of that | ||||||
| 23 | addition modification. This subparagraph (V) is exempt | ||||||
| 24 | from the provisions of Section 250;
| ||||||
| 25 | (W) An amount equal to the interest income taken | ||||||
| 26 | into account for the taxable year (net of the | ||||||
| |||||||
| |||||||
| 1 | deductions allocable thereto) with respect to | ||||||
| 2 | transactions with (i) a foreign person who would be a | ||||||
| 3 | member of the taxpayer's unitary business group but for | ||||||
| 4 | the fact that the foreign person's business activity | ||||||
| 5 | outside the United States is 80% or more of that | ||||||
| 6 | person's total business activity and (ii) for taxable | ||||||
| 7 | years ending on or after December 31, 2008, to a person | ||||||
| 8 | who would be a member of the same unitary business | ||||||
| 9 | group but for the fact that the person is prohibited | ||||||
| 10 | under Section 1501(a)(27) from being included in the | ||||||
| 11 | unitary business group because he or she is ordinarily | ||||||
| 12 | required to apportion business income under different | ||||||
| 13 | subsections of Section 304, but not to exceed the | ||||||
| 14 | addition modification required to be made for the same | ||||||
| 15 | taxable year under Section 203(b)(2)(E-12) for | ||||||
| 16 | interest paid, accrued, or incurred, directly or | ||||||
| 17 | indirectly, to the same person. This subparagraph (W) | ||||||
| 18 | is exempt from the provisions of Section 250;
| ||||||
| 19 | (X) An amount equal to the income from intangible | ||||||
| 20 | property taken into account for the taxable year (net | ||||||
| 21 | of the deductions allocable thereto) with respect to | ||||||
| 22 | transactions with (i) a foreign person who would be a | ||||||
| 23 | member of the taxpayer's unitary business group but for | ||||||
| 24 | the fact that the foreign person's business activity | ||||||
| 25 | outside the United States is 80% or more of that | ||||||
| 26 | person's total business activity and (ii) for taxable | ||||||
| |||||||
| |||||||
| 1 | years ending on or after December 31, 2008, to a person | ||||||
| 2 | who would be a member of the same unitary business | ||||||
| 3 | group but for the fact that the person is prohibited | ||||||
| 4 | under Section 1501(a)(27) from being included in the | ||||||
| 5 | unitary business group because he or she is ordinarily | ||||||
| 6 | required to apportion business income under different | ||||||
| 7 | subsections of Section 304, but not to exceed the | ||||||
| 8 | addition modification required to be made for the same | ||||||
| 9 | taxable year under Section 203(b)(2)(E-13) for | ||||||
| 10 | intangible expenses and costs paid, accrued, or | ||||||
| 11 | incurred, directly or indirectly, to the same foreign | ||||||
| 12 | person. This subparagraph (X) is exempt from the | ||||||
| 13 | provisions of Section 250;
| ||||||
| 14 | (Y) For taxable years ending on or after December | ||||||
| 15 | 31, 2011, in the case of a taxpayer who was required to | ||||||
| 16 | add back any insurance premiums under Section | ||||||
| 17 | 203(b)(2)(E-14), such taxpayer may elect to subtract | ||||||
| 18 | that part of a reimbursement received from the | ||||||
| 19 | insurance company equal to the amount of the expense or | ||||||
| 20 | loss (including expenses incurred by the insurance | ||||||
| 21 | company) that would have been taken into account as a | ||||||
| 22 | deduction for federal income tax purposes if the | ||||||
| 23 | expense or loss had been uninsured. If a taxpayer makes | ||||||
| 24 | the election provided for by this subparagraph (Y), the | ||||||
| 25 | insurer to which the premiums were paid must add back | ||||||
| 26 | to income the amount subtracted by the taxpayer | ||||||
| |||||||
| |||||||
| 1 | pursuant to this subparagraph (Y). This subparagraph | ||||||
| 2 | (Y) is exempt from the provisions of Section 250; and | ||||||
| 3 | (Z) The difference between the nondeductible | ||||||
| 4 | controlled foreign corporation dividends under Section | ||||||
| 5 | 965(e)(3) of the Internal Revenue Code over the taxable | ||||||
| 6 | income of the taxpayer, computed without regard to | ||||||
| 7 | Section 965(e)(2)(A) of the Internal Revenue Code, and | ||||||
| 8 | without regard to any net operating loss deduction. | ||||||
| 9 | This subparagraph (Z) is exempt from the provisions of | ||||||
| 10 | Section 250. | ||||||
| 11 | (3) Special rule. For purposes of paragraph (2)(A), | ||||||
| 12 | "gross income"
in the case of a life insurance company, for | ||||||
| 13 | tax years ending on and after
December 31, 1994,
and prior | ||||||
| 14 | to December 31, 2011, shall mean the gross investment | ||||||
| 15 | income for the taxable year and, for tax years ending on or | ||||||
| 16 | after December 31, 2011, shall mean all amounts included in | ||||||
| 17 | life insurance gross income under Section 803(a)(3) of the | ||||||
| 18 | Internal Revenue Code.
| ||||||
| 19 | (c) Trusts and estates. | ||||||
| 20 | (1) In general. In the case of a trust or estate, base | ||||||
| 21 | income means
an amount equal to the taxpayer's taxable | ||||||
| 22 | income for the taxable year as
modified by paragraph (2). | ||||||
| 23 | (2) Modifications. Subject to the provisions of | ||||||
| 24 | paragraph (3), the
taxable income referred to in paragraph | ||||||
| 25 | (1) shall be modified by adding
thereto the sum of the | ||||||
| |||||||
| |||||||
| 1 | following amounts: | ||||||
| 2 | (A) An amount equal to all amounts paid or accrued | ||||||
| 3 | to the taxpayer
as interest or dividends during the | ||||||
| 4 | taxable year to the extent excluded
from gross income | ||||||
| 5 | in the computation of taxable income; | ||||||
| 6 | (B) In the case of (i) an estate, $600; (ii) a | ||||||
| 7 | trust which, under
its governing instrument, is | ||||||
| 8 | required to distribute all of its income
currently, | ||||||
| 9 | $300; and (iii) any other trust, $100, but in each such | ||||||
| 10 | case,
only to the extent such amount was deducted in | ||||||
| 11 | the computation of
taxable income; | ||||||
| 12 | (C) An amount equal to the amount of tax imposed by | ||||||
| 13 | this Act to the
extent deducted from gross income in | ||||||
| 14 | the computation of taxable income
for the taxable year; | ||||||
| 15 | (D) The amount of any net operating loss deduction | ||||||
| 16 | taken in arriving at
taxable income, other than a net | ||||||
| 17 | operating loss carried forward from a
taxable year | ||||||
| 18 | ending prior to December 31, 1986; | ||||||
| 19 | (E) For taxable years in which a net operating loss | ||||||
| 20 | carryback or
carryforward from a taxable year ending | ||||||
| 21 | prior to December 31, 1986 is an
element of taxable | ||||||
| 22 | income under paragraph (1) of subsection (e) or | ||||||
| 23 | subparagraph
(E) of paragraph (2) of subsection (e), | ||||||
| 24 | the amount by which addition
modifications other than | ||||||
| 25 | those provided by this subparagraph (E) exceeded
| ||||||
| 26 | subtraction modifications in such taxable year, with | ||||||
| |||||||
| |||||||
| 1 | the following limitations
applied in the order that | ||||||
| 2 | they are listed: | ||||||
| 3 | (i) the addition modification relating to the | ||||||
| 4 | net operating loss
carried back or forward to the | ||||||
| 5 | taxable year from any taxable year ending
prior to | ||||||
| 6 | December 31, 1986 shall be reduced by the amount of | ||||||
| 7 | addition
modification under this subparagraph (E) | ||||||
| 8 | which related to that net
operating loss and which | ||||||
| 9 | was taken into account in calculating the base
| ||||||
| 10 | income of an earlier taxable year, and | ||||||
| 11 | (ii) the addition modification relating to the | ||||||
| 12 | net operating loss
carried back or forward to the | ||||||
| 13 | taxable year from any taxable year ending
prior to | ||||||
| 14 | December 31, 1986 shall not exceed the amount of | ||||||
| 15 | such carryback or
carryforward; | ||||||
| 16 | For taxable years in which there is a net operating | ||||||
| 17 | loss carryback or
carryforward from more than one other | ||||||
| 18 | taxable year ending prior to December
31, 1986, the | ||||||
| 19 | addition modification provided in this subparagraph | ||||||
| 20 | (E) shall
be the sum of the amounts computed | ||||||
| 21 | independently under the preceding
provisions of this | ||||||
| 22 | subparagraph (E) for each such taxable year; | ||||||
| 23 | (F) For taxable years ending on or after January 1, | ||||||
| 24 | 1989, an amount
equal to the tax deducted pursuant to | ||||||
| 25 | Section 164 of the Internal Revenue
Code if the trust | ||||||
| 26 | or estate is claiming the same tax for purposes of the
| ||||||
| |||||||
| |||||||
| 1 | Illinois foreign tax credit under Section 601 of this | ||||||
| 2 | Act; | ||||||
| 3 | (G) An amount equal to the amount of the capital | ||||||
| 4 | gain deduction
allowable under the Internal Revenue | ||||||
| 5 | Code, to the extent deducted from
gross income in the | ||||||
| 6 | computation of taxable income; | ||||||
| 7 | (G-5) For taxable years ending after December 31, | ||||||
| 8 | 1997, an
amount equal to any eligible remediation costs | ||||||
| 9 | that the trust or estate
deducted in computing adjusted | ||||||
| 10 | gross income and for which the trust
or estate claims a | ||||||
| 11 | credit under subsection (l) of Section 201; | ||||||
| 12 | (G-10) For taxable years 2001 and thereafter, an | ||||||
| 13 | amount equal to the
bonus depreciation deduction taken | ||||||
| 14 | on the taxpayer's federal income tax return for the | ||||||
| 15 | taxable
year under subsection (k) of Section 168 of the | ||||||
| 16 | Internal Revenue Code; and | ||||||
| 17 | (G-11) If the taxpayer sells, transfers, abandons, | ||||||
| 18 | or otherwise disposes of property for which the | ||||||
| 19 | taxpayer was required in any taxable year to
make an | ||||||
| 20 | addition modification under subparagraph (G-10), then | ||||||
| 21 | an amount equal
to the aggregate amount of the | ||||||
| 22 | deductions taken in all taxable
years under | ||||||
| 23 | subparagraph (R) with respect to that property. | ||||||
| 24 | If the taxpayer continues to own property through | ||||||
| 25 | the last day of the last tax year for which the | ||||||
| 26 | taxpayer may claim a depreciation deduction for | ||||||
| |||||||
| |||||||
| 1 | federal income tax purposes and for which the taxpayer | ||||||
| 2 | was allowed in any taxable year to make a subtraction | ||||||
| 3 | modification under subparagraph (R), then an amount | ||||||
| 4 | equal to that subtraction modification.
| ||||||
| 5 | The taxpayer is required to make the addition | ||||||
| 6 | modification under this
subparagraph
only once with | ||||||
| 7 | respect to any one piece of property; | ||||||
| 8 | (G-12) An amount equal to the amount otherwise | ||||||
| 9 | allowed as a deduction in computing base income for | ||||||
| 10 | interest paid, accrued, or incurred, directly or | ||||||
| 11 | indirectly, (i) for taxable years ending on or after | ||||||
| 12 | December 31, 2004, to a foreign person who would be a | ||||||
| 13 | member of the same unitary business group but for the | ||||||
| 14 | fact that the foreign person's business activity | ||||||
| 15 | outside the United States is 80% or more of the foreign | ||||||
| 16 | person's total business activity and (ii) for taxable | ||||||
| 17 | years ending on or after December 31, 2008, to a person | ||||||
| 18 | who would be a member of the same unitary business | ||||||
| 19 | group but for the fact that the person is prohibited | ||||||
| 20 | under Section 1501(a)(27) from being included in the | ||||||
| 21 | unitary business group because he or she is ordinarily | ||||||
| 22 | required to apportion business income under different | ||||||
| 23 | subsections of Section 304. The addition modification | ||||||
| 24 | required by this subparagraph shall be reduced to the | ||||||
| 25 | extent that dividends were included in base income of | ||||||
| 26 | the unitary group for the same taxable year and | ||||||
| |||||||
| |||||||
| 1 | received by the taxpayer or by a member of the | ||||||
| 2 | taxpayer's unitary business group (including amounts | ||||||
| 3 | included in gross income pursuant to Sections 951 | ||||||
| 4 | through 964 of the Internal Revenue Code and amounts | ||||||
| 5 | included in gross income under Section 78 of the | ||||||
| 6 | Internal Revenue Code) with respect to the stock of the | ||||||
| 7 | same person to whom the interest was paid, accrued, or | ||||||
| 8 | incurred.
| ||||||
| 9 | This paragraph shall not apply to the following:
| ||||||
| 10 | (i) an item of interest paid, accrued, or | ||||||
| 11 | incurred, directly or indirectly, to a person who | ||||||
| 12 | is subject in a foreign country or state, other | ||||||
| 13 | than a state which requires mandatory unitary | ||||||
| 14 | reporting, to a tax on or measured by net income | ||||||
| 15 | with respect to such interest; or | ||||||
| 16 | (ii) an item of interest paid, accrued, or | ||||||
| 17 | incurred, directly or indirectly, to a person if | ||||||
| 18 | the taxpayer can establish, based on a | ||||||
| 19 | preponderance of the evidence, both of the | ||||||
| 20 | following: | ||||||
| 21 | (a) the person, during the same taxable | ||||||
| 22 | year, paid, accrued, or incurred, the interest | ||||||
| 23 | to a person that is not a related member, and | ||||||
| 24 | (b) the transaction giving rise to the | ||||||
| 25 | interest expense between the taxpayer and the | ||||||
| 26 | person did not have as a principal purpose the | ||||||
| |||||||
| |||||||
| 1 | avoidance of Illinois income tax, and is paid | ||||||
| 2 | pursuant to a contract or agreement that | ||||||
| 3 | reflects an arm's-length interest rate and | ||||||
| 4 | terms; or
| ||||||
| 5 | (iii) the taxpayer can establish, based on | ||||||
| 6 | clear and convincing evidence, that the interest | ||||||
| 7 | paid, accrued, or incurred relates to a contract or | ||||||
| 8 | agreement entered into at arm's-length rates and | ||||||
| 9 | terms and the principal purpose for the payment is | ||||||
| 10 | not federal or Illinois tax avoidance; or
| ||||||
| 11 | (iv) an item of interest paid, accrued, or | ||||||
| 12 | incurred, directly or indirectly, to a person if | ||||||
| 13 | the taxpayer establishes by clear and convincing | ||||||
| 14 | evidence that the adjustments are unreasonable; or | ||||||
| 15 | if the taxpayer and the Director agree in writing | ||||||
| 16 | to the application or use of an alternative method | ||||||
| 17 | of apportionment under Section 304(f).
| ||||||
| 18 | Nothing in this subsection shall preclude the | ||||||
| 19 | Director from making any other adjustment | ||||||
| 20 | otherwise allowed under Section 404 of this Act for | ||||||
| 21 | any tax year beginning after the effective date of | ||||||
| 22 | this amendment provided such adjustment is made | ||||||
| 23 | pursuant to regulation adopted by the Department | ||||||
| 24 | and such regulations provide methods and standards | ||||||
| 25 | by which the Department will utilize its authority | ||||||
| 26 | under Section 404 of this Act;
| ||||||
| |||||||
| |||||||
| 1 | (G-13) An amount equal to the amount of intangible | ||||||
| 2 | expenses and costs otherwise allowed as a deduction in | ||||||
| 3 | computing base income, and that were paid, accrued, or | ||||||
| 4 | incurred, directly or indirectly, (i) for taxable | ||||||
| 5 | years ending on or after December 31, 2004, to a | ||||||
| 6 | foreign person who would be a member of the same | ||||||
| 7 | unitary business group but for the fact that the | ||||||
| 8 | foreign person's business activity outside the United | ||||||
| 9 | States is 80% or more of that person's total business | ||||||
| 10 | activity and (ii) for taxable years ending on or after | ||||||
| 11 | December 31, 2008, to a person who would be a member of | ||||||
| 12 | the same unitary business group but for the fact that | ||||||
| 13 | the person is prohibited under Section 1501(a)(27) | ||||||
| 14 | from being included in the unitary business group | ||||||
| 15 | because he or she is ordinarily required to apportion | ||||||
| 16 | business income under different subsections of Section | ||||||
| 17 | 304. The addition modification required by this | ||||||
| 18 | subparagraph shall be reduced to the extent that | ||||||
| 19 | dividends were included in base income of the unitary | ||||||
| 20 | group for the same taxable year and received by the | ||||||
| 21 | taxpayer or by a member of the taxpayer's unitary | ||||||
| 22 | business group (including amounts included in gross | ||||||
| 23 | income pursuant to Sections 951 through 964 of the | ||||||
| 24 | Internal Revenue Code and amounts included in gross | ||||||
| 25 | income under Section 78 of the Internal Revenue Code) | ||||||
| 26 | with respect to the stock of the same person to whom | ||||||
| |||||||
| |||||||
| 1 | the intangible expenses and costs were directly or | ||||||
| 2 | indirectly paid, incurred, or accrued. The preceding | ||||||
| 3 | sentence shall not apply to the extent that the same | ||||||
| 4 | dividends caused a reduction to the addition | ||||||
| 5 | modification required under Section 203(c)(2)(G-12) of | ||||||
| 6 | this Act. As used in this subparagraph, the term | ||||||
| 7 | "intangible expenses and costs" includes: (1) | ||||||
| 8 | expenses, losses, and costs for or related to the | ||||||
| 9 | direct or indirect acquisition, use, maintenance or | ||||||
| 10 | management, ownership, sale, exchange, or any other | ||||||
| 11 | disposition of intangible property; (2) losses | ||||||
| 12 | incurred, directly or indirectly, from factoring | ||||||
| 13 | transactions or discounting transactions; (3) royalty, | ||||||
| 14 | patent, technical, and copyright fees; (4) licensing | ||||||
| 15 | fees; and (5) other similar expenses and costs. For | ||||||
| 16 | purposes of this subparagraph, "intangible property" | ||||||
| 17 | includes patents, patent applications, trade names, | ||||||
| 18 | trademarks, service marks, copyrights, mask works, | ||||||
| 19 | trade secrets, and similar types of intangible assets. | ||||||
| 20 | This paragraph shall not apply to the following: | ||||||
| 21 | (i) any item of intangible expenses or costs | ||||||
| 22 | paid, accrued, or incurred, directly or | ||||||
| 23 | indirectly, from a transaction with a person who is | ||||||
| 24 | subject in a foreign country or state, other than a | ||||||
| 25 | state which requires mandatory unitary reporting, | ||||||
| 26 | to a tax on or measured by net income with respect | ||||||
| |||||||
| |||||||
| 1 | to such item; or | ||||||
| 2 | (ii) any item of intangible expense or cost | ||||||
| 3 | paid, accrued, or incurred, directly or | ||||||
| 4 | indirectly, if the taxpayer can establish, based | ||||||
| 5 | on a preponderance of the evidence, both of the | ||||||
| 6 | following: | ||||||
| 7 | (a) the person during the same taxable | ||||||
| 8 | year paid, accrued, or incurred, the | ||||||
| 9 | intangible expense or cost to a person that is | ||||||
| 10 | not a related member, and | ||||||
| 11 | (b) the transaction giving rise to the | ||||||
| 12 | intangible expense or cost between the | ||||||
| 13 | taxpayer and the person did not have as a | ||||||
| 14 | principal purpose the avoidance of Illinois | ||||||
| 15 | income tax, and is paid pursuant to a contract | ||||||
| 16 | or agreement that reflects arm's-length terms; | ||||||
| 17 | or | ||||||
| 18 | (iii) any item of intangible expense or cost | ||||||
| 19 | paid, accrued, or incurred, directly or | ||||||
| 20 | indirectly, from a transaction with a person if the | ||||||
| 21 | taxpayer establishes by clear and convincing | ||||||
| 22 | evidence, that the adjustments are unreasonable; | ||||||
| 23 | or if the taxpayer and the Director agree in | ||||||
| 24 | writing to the application or use of an alternative | ||||||
| 25 | method of apportionment under Section 304(f);
| ||||||
| 26 | Nothing in this subsection shall preclude the | ||||||
| |||||||
| |||||||
| 1 | Director from making any other adjustment | ||||||
| 2 | otherwise allowed under Section 404 of this Act for | ||||||
| 3 | any tax year beginning after the effective date of | ||||||
| 4 | this amendment provided such adjustment is made | ||||||
| 5 | pursuant to regulation adopted by the Department | ||||||
| 6 | and such regulations provide methods and standards | ||||||
| 7 | by which the Department will utilize its authority | ||||||
| 8 | under Section 404 of this Act;
| ||||||
| 9 | (G-14) For taxable years ending on or after | ||||||
| 10 | December 31, 2008, an amount equal to the amount of | ||||||
| 11 | insurance premium expenses and costs otherwise allowed | ||||||
| 12 | as a deduction in computing base income, and that were | ||||||
| 13 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 14 | a person who would be a member of the same unitary | ||||||
| 15 | business group but for the fact that the person is | ||||||
| 16 | prohibited under Section 1501(a)(27) from being | ||||||
| 17 | included in the unitary business group because he or | ||||||
| 18 | she is ordinarily required to apportion business | ||||||
| 19 | income under different subsections of Section 304. The | ||||||
| 20 | addition modification required by this subparagraph | ||||||
| 21 | shall be reduced to the extent that dividends were | ||||||
| 22 | included in base income of the unitary group for the | ||||||
| 23 | same taxable year and received by the taxpayer or by a | ||||||
| 24 | member of the taxpayer's unitary business group | ||||||
| 25 | (including amounts included in gross income under | ||||||
| 26 | Sections 951 through 964 of the Internal Revenue Code | ||||||
| |||||||
| |||||||
| 1 | and amounts included in gross income under Section 78 | ||||||
| 2 | of the Internal Revenue Code) with respect to the stock | ||||||
| 3 | of the same person to whom the premiums and costs were | ||||||
| 4 | directly or indirectly paid, incurred, or accrued. The | ||||||
| 5 | preceding sentence does not apply to the extent that | ||||||
| 6 | the same dividends caused a reduction to the addition | ||||||
| 7 | modification required under Section 203(c)(2)(G-12) or | ||||||
| 8 | Section 203(c)(2)(G-13) of this Act; | ||||||
| 9 | (G-15) An amount equal to the credit allowable to | ||||||
| 10 | the taxpayer under Section 218(a) of this Act, | ||||||
| 11 | determined without regard to Section 218(c) of this | ||||||
| 12 | Act; | ||||||
| 13 | (G-16) For taxable years ending on or after | ||||||
| 14 | December 31, 2017, an amount equal to the deduction | ||||||
| 15 | allowed under Section 199 of the Internal Revenue Code | ||||||
| 16 | for the taxable year; | ||||||
| 17 | and by deducting from the total so obtained the sum of the | ||||||
| 18 | following
amounts: | ||||||
| 19 | (H) An amount equal to all amounts included in such | ||||||
| 20 | total pursuant
to the provisions of Sections 402(a), | ||||||
| 21 | 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 of the | ||||||
| 22 | Internal Revenue Code or included in such total as
| ||||||
| 23 | distributions under the provisions of any retirement | ||||||
| 24 | or disability plan for
employees of any governmental | ||||||
| 25 | agency or unit, or retirement payments to
retired | ||||||
| 26 | partners, which payments are excluded in computing net | ||||||
| |||||||
| |||||||
| 1 | earnings
from self employment by Section 1402 of the | ||||||
| 2 | Internal Revenue Code and
regulations adopted pursuant | ||||||
| 3 | thereto; | ||||||
| 4 | (I) The valuation limitation amount; | ||||||
| 5 | (J) An amount equal to the amount of any tax | ||||||
| 6 | imposed by this Act
which was refunded to the taxpayer | ||||||
| 7 | and included in such total for the
taxable year; | ||||||
| 8 | (K) An amount equal to all amounts included in | ||||||
| 9 | taxable income as
modified by subparagraphs (A), (B), | ||||||
| 10 | (C), (D), (E), (F) and (G) which
are exempt from | ||||||
| 11 | taxation by this State either by reason of its statutes | ||||||
| 12 | or
Constitution
or by reason of the Constitution, | ||||||
| 13 | treaties or statutes of the United States;
provided | ||||||
| 14 | that, in the case of any statute of this State that | ||||||
| 15 | exempts income
derived from bonds or other obligations | ||||||
| 16 | from the tax imposed under this Act,
the amount | ||||||
| 17 | exempted shall be the interest net of bond premium | ||||||
| 18 | amortization; | ||||||
| 19 | (L) With the exception of any amounts subtracted | ||||||
| 20 | under subparagraph
(K),
an amount equal to the sum of | ||||||
| 21 | all amounts disallowed as
deductions by (i) Sections | ||||||
| 22 | 171(a)(2) and 265(a)(2) of the Internal Revenue
Code, | ||||||
| 23 | and all amounts of expenses allocable
to interest and | ||||||
| 24 | disallowed as deductions by Section 265(a)(1) of the | ||||||
| 25 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
| 26 | ending on or after August 13, 1999, Sections
171(a)(2), | ||||||
| |||||||
| |||||||
| 1 | 265,
280C, and 832(b)(5)(B)(i) of the Internal Revenue | ||||||
| 2 | Code, plus, (iii) for taxable years ending on or after | ||||||
| 3 | December 31, 2011, Section 45G(e)(3) of the Internal | ||||||
| 4 | Revenue Code and, for taxable years ending on or after | ||||||
| 5 | December 31, 2008, any amount included in gross income | ||||||
| 6 | under Section 87 of the Internal Revenue Code; the | ||||||
| 7 | provisions of this
subparagraph are exempt from the | ||||||
| 8 | provisions of Section 250; | ||||||
| 9 | (M) An amount equal to those dividends included in | ||||||
| 10 | such total
which were paid by a corporation which | ||||||
| 11 | conducts business operations in a River Edge | ||||||
| 12 | Redevelopment Zone or zones created under the River | ||||||
| 13 | Edge Redevelopment Zone Act and
conducts substantially | ||||||
| 14 | all of its operations in a River Edge Redevelopment | ||||||
| 15 | Zone or zones. This subparagraph (M) is exempt from the | ||||||
| 16 | provisions of Section 250; | ||||||
| 17 | (N) An amount equal to any contribution made to a | ||||||
| 18 | job training
project established pursuant to the Tax | ||||||
| 19 | Increment Allocation
Redevelopment Act; | ||||||
| 20 | (O) An amount equal to those dividends included in | ||||||
| 21 | such total
that were paid by a corporation that | ||||||
| 22 | conducts business operations in a
federally designated | ||||||
| 23 | Foreign Trade Zone or Sub-Zone and that is designated
a | ||||||
| 24 | High Impact Business located in Illinois; provided | ||||||
| 25 | that dividends eligible
for the deduction provided in | ||||||
| 26 | subparagraph (M) of paragraph (2) of this
subsection | ||||||
| |||||||
| |||||||
| 1 | shall not be eligible for the deduction provided under | ||||||
| 2 | this
subparagraph (O); | ||||||
| 3 | (P) An amount equal to the amount of the deduction | ||||||
| 4 | used to compute the
federal income tax credit for | ||||||
| 5 | restoration of substantial amounts held under
claim of | ||||||
| 6 | right for the taxable year pursuant to Section 1341 of | ||||||
| 7 | the
Internal Revenue Code; | ||||||
| 8 | (Q) For taxable year 1999 and thereafter, an amount | ||||||
| 9 | equal to the
amount of any
(i) distributions, to the | ||||||
| 10 | extent includible in gross income for
federal income | ||||||
| 11 | tax purposes, made to the taxpayer because of
his or | ||||||
| 12 | her status as a victim of
persecution for racial or | ||||||
| 13 | religious reasons by Nazi Germany or any other Axis
| ||||||
| 14 | regime or as an heir of the victim and (ii) items
of | ||||||
| 15 | income, to the extent
includible in gross income for | ||||||
| 16 | federal income tax purposes, attributable to,
derived | ||||||
| 17 | from or in any way related to assets stolen from, | ||||||
| 18 | hidden from, or
otherwise lost to a victim of
| ||||||
| 19 | persecution for racial or religious reasons by Nazi
| ||||||
| 20 | Germany or any other Axis regime
immediately prior to, | ||||||
| 21 | during, and immediately after World War II, including,
| ||||||
| 22 | but
not limited to, interest on the proceeds receivable | ||||||
| 23 | as insurance
under policies issued to a victim of | ||||||
| 24 | persecution for racial or religious
reasons by Nazi | ||||||
| 25 | Germany or any other Axis regime by European insurance
| ||||||
| 26 | companies
immediately prior to and during World War II;
| ||||||
| |||||||
| |||||||
| 1 | provided, however, this subtraction from federal | ||||||
| 2 | adjusted gross income does not
apply to assets acquired | ||||||
| 3 | with such assets or with the proceeds from the sale of
| ||||||
| 4 | such assets; provided, further, this paragraph shall | ||||||
| 5 | only apply to a taxpayer
who was the first recipient of | ||||||
| 6 | such assets after their recovery and who is a
victim of
| ||||||
| 7 | persecution for racial or religious reasons
by Nazi | ||||||
| 8 | Germany or any other Axis regime or as an heir of the | ||||||
| 9 | victim. The
amount of and the eligibility for any | ||||||
| 10 | public assistance, benefit, or
similar entitlement is | ||||||
| 11 | not affected by the inclusion of items (i) and (ii) of
| ||||||
| 12 | this paragraph in gross income for federal income tax | ||||||
| 13 | purposes.
This paragraph is exempt from the provisions | ||||||
| 14 | of Section 250; | ||||||
| 15 | (R) For taxable years 2001 and thereafter, for the | ||||||
| 16 | taxable year in
which the bonus depreciation deduction
| ||||||
| 17 | is taken on the taxpayer's federal income tax return | ||||||
| 18 | under
subsection (k) of Section 168 of the Internal | ||||||
| 19 | Revenue Code and for each
applicable taxable year | ||||||
| 20 | thereafter, an amount equal to "x", where: | ||||||
| 21 | (1) "y" equals the amount of the depreciation | ||||||
| 22 | deduction taken for the
taxable year
on the | ||||||
| 23 | taxpayer's federal income tax return on property | ||||||
| 24 | for which the bonus
depreciation deduction
was | ||||||
| 25 | taken in any year under subsection (k) of Section | ||||||
| 26 | 168 of the Internal
Revenue Code, but not including | ||||||
| |||||||
| |||||||
| 1 | the bonus depreciation deduction; | ||||||
| 2 | (2) for taxable years ending on or before | ||||||
| 3 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
| 4 | and then divided by 70 (or "y"
multiplied by | ||||||
| 5 | 0.429); and | ||||||
| 6 | (3) for taxable years ending after December | ||||||
| 7 | 31, 2005: | ||||||
| 8 | (i) for property on which a bonus | ||||||
| 9 | depreciation deduction of 30% of the adjusted | ||||||
| 10 | basis was taken, "x" equals "y" multiplied by | ||||||
| 11 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
| 12 | 0.429); and | ||||||
| 13 | (ii) for property on which a bonus | ||||||
| 14 | depreciation deduction of 50% of the adjusted | ||||||
| 15 | basis was taken, "x" equals "y" multiplied by | ||||||
| 16 | 1.0. | ||||||
| 17 | The aggregate amount deducted under this | ||||||
| 18 | subparagraph in all taxable
years for any one piece of | ||||||
| 19 | property may not exceed the amount of the bonus
| ||||||
| 20 | depreciation deduction
taken on that property on the | ||||||
| 21 | taxpayer's federal income tax return under
subsection | ||||||
| 22 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
| 23 | subparagraph (R) is exempt from the provisions of | ||||||
| 24 | Section 250; | ||||||
| 25 | (S) If the taxpayer sells, transfers, abandons, or | ||||||
| 26 | otherwise disposes of
property for which the taxpayer | ||||||
| |||||||
| |||||||
| 1 | was required in any taxable year to make an
addition | ||||||
| 2 | modification under subparagraph (G-10), then an amount | ||||||
| 3 | equal to that
addition modification. | ||||||
| 4 | If the taxpayer continues to own property through | ||||||
| 5 | the last day of the last tax year for which the | ||||||
| 6 | taxpayer may claim a depreciation deduction for | ||||||
| 7 | federal income tax purposes and for which the taxpayer | ||||||
| 8 | was required in any taxable year to make an addition | ||||||
| 9 | modification under subparagraph (G-10), then an amount | ||||||
| 10 | equal to that addition modification.
| ||||||
| 11 | The taxpayer is allowed to take the deduction under | ||||||
| 12 | this subparagraph
only once with respect to any one | ||||||
| 13 | piece of property. | ||||||
| 14 | This subparagraph (S) is exempt from the | ||||||
| 15 | provisions of Section 250; | ||||||
| 16 | (T) The amount of (i) any interest income (net of | ||||||
| 17 | the deductions allocable thereto) taken into account | ||||||
| 18 | for the taxable year with respect to a transaction with | ||||||
| 19 | a taxpayer that is required to make an addition | ||||||
| 20 | modification with respect to such transaction under | ||||||
| 21 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
| 22 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
| 23 | the amount of such addition modification and
(ii) any | ||||||
| 24 | income from intangible property (net of the deductions | ||||||
| 25 | allocable thereto) taken into account for the taxable | ||||||
| 26 | year with respect to a transaction with a taxpayer that | ||||||
| |||||||
| |||||||
| 1 | is required to make an addition modification with | ||||||
| 2 | respect to such transaction under Section | ||||||
| 3 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
| 4 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
| 5 | addition modification. This subparagraph (T) is exempt | ||||||
| 6 | from the provisions of Section 250;
| ||||||
| 7 | (U) An amount equal to the interest income taken | ||||||
| 8 | into account for the taxable year (net of the | ||||||
| 9 | deductions allocable thereto) with respect to | ||||||
| 10 | transactions with (i) a foreign person who would be a | ||||||
| 11 | member of the taxpayer's unitary business group but for | ||||||
| 12 | the fact the foreign person's business activity | ||||||
| 13 | outside the United States is 80% or more of that | ||||||
| 14 | person's total business activity and (ii) for taxable | ||||||
| 15 | years ending on or after December 31, 2008, to a person | ||||||
| 16 | who would be a member of the same unitary business | ||||||
| 17 | group but for the fact that the person is prohibited | ||||||
| 18 | under Section 1501(a)(27) from being included in the | ||||||
| 19 | unitary business group because he or she is ordinarily | ||||||
| 20 | required to apportion business income under different | ||||||
| 21 | subsections of Section 304, but not to exceed the | ||||||
| 22 | addition modification required to be made for the same | ||||||
| 23 | taxable year under Section 203(c)(2)(G-12) for | ||||||
| 24 | interest paid, accrued, or incurred, directly or | ||||||
| 25 | indirectly, to the same person. This subparagraph (U) | ||||||
| 26 | is exempt from the provisions of Section 250; | ||||||
| |||||||
| |||||||
| 1 | (V) An amount equal to the income from intangible | ||||||
| 2 | property taken into account for the taxable year (net | ||||||
| 3 | of the deductions allocable thereto) with respect to | ||||||
| 4 | transactions with (i) a foreign person who would be a | ||||||
| 5 | member of the taxpayer's unitary business group but for | ||||||
| 6 | the fact that the foreign person's business activity | ||||||
| 7 | outside the United States is 80% or more of that | ||||||
| 8 | person's total business activity and (ii) for taxable | ||||||
| 9 | years ending on or after December 31, 2008, to a person | ||||||
| 10 | who would be a member of the same unitary business | ||||||
| 11 | group but for the fact that the person is prohibited | ||||||
| 12 | under Section 1501(a)(27) from being included in the | ||||||
| 13 | unitary business group because he or she is ordinarily | ||||||
| 14 | required to apportion business income under different | ||||||
| 15 | subsections of Section 304, but not to exceed the | ||||||
| 16 | addition modification required to be made for the same | ||||||
| 17 | taxable year under Section 203(c)(2)(G-13) for | ||||||
| 18 | intangible expenses and costs paid, accrued, or | ||||||
| 19 | incurred, directly or indirectly, to the same foreign | ||||||
| 20 | person. This subparagraph (V) is exempt from the | ||||||
| 21 | provisions of Section 250;
| ||||||
| 22 | (W) in the case of an estate, an amount equal to | ||||||
| 23 | all amounts included in such total pursuant to the | ||||||
| 24 | provisions of Section 111 of the Internal Revenue Code | ||||||
| 25 | as a recovery of items previously deducted by the | ||||||
| 26 | decedent from adjusted gross income in the computation | ||||||
| |||||||
| |||||||
| 1 | of taxable income. This subparagraph (W) is exempt from | ||||||
| 2 | Section 250; | ||||||
| 3 | (X) an amount equal to the refund included in such | ||||||
| 4 | total of any tax deducted for federal income tax | ||||||
| 5 | purposes, to the extent that deduction was added back | ||||||
| 6 | under subparagraph (F). This subparagraph (X) is | ||||||
| 7 | exempt from the provisions of Section 250; | ||||||
| 8 | (Y) For taxable years ending on or after December | ||||||
| 9 | 31, 2011, in the case of a taxpayer who was required to | ||||||
| 10 | add back any insurance premiums under Section | ||||||
| 11 | 203(c)(2)(G-14), such taxpayer may elect to subtract | ||||||
| 12 | that part of a reimbursement received from the | ||||||
| 13 | insurance company equal to the amount of the expense or | ||||||
| 14 | loss (including expenses incurred by the insurance | ||||||
| 15 | company) that would have been taken into account as a | ||||||
| 16 | deduction for federal income tax purposes if the | ||||||
| 17 | expense or loss had been uninsured. If a taxpayer makes | ||||||
| 18 | the election provided for by this subparagraph (Y), the | ||||||
| 19 | insurer to which the premiums were paid must add back | ||||||
| 20 | to income the amount subtracted by the taxpayer | ||||||
| 21 | pursuant to this subparagraph (Y). This subparagraph | ||||||
| 22 | (Y) is exempt from the provisions of Section 250; and | ||||||
| 23 | (Z) For taxable years beginning after December 31, | ||||||
| 24 | 2018 and before January 1, 2026, the amount of excess | ||||||
| 25 | business loss of the taxpayer disallowed as a deduction | ||||||
| 26 | by Section 461(l)(1)(B) of the Internal Revenue Code. | ||||||
| |||||||
| |||||||
| 1 | (3) Limitation. The amount of any modification | ||||||
| 2 | otherwise required
under this subsection shall, under | ||||||
| 3 | regulations prescribed by the
Department, be adjusted by | ||||||
| 4 | any amounts included therein which were
properly paid, | ||||||
| 5 | credited, or required to be distributed, or permanently set
| ||||||
| 6 | aside for charitable purposes pursuant to Internal Revenue | ||||||
| 7 | Code Section
642(c) during the taxable year.
| ||||||
| 8 | (d) Partnerships. | ||||||
| 9 | (1) In general. In the case of a partnership, base | ||||||
| 10 | income means an
amount equal to the taxpayer's taxable | ||||||
| 11 | income for the taxable year as
modified by paragraph (2). | ||||||
| 12 | (2) Modifications. The taxable income referred to in | ||||||
| 13 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
| 14 | of the following amounts: | ||||||
| 15 | (A) An amount equal to all amounts paid or accrued | ||||||
| 16 | to the taxpayer as
interest or dividends during the | ||||||
| 17 | taxable year to the extent excluded from
gross income | ||||||
| 18 | in the computation of taxable income; | ||||||
| 19 | (B) An amount equal to the amount of tax imposed by | ||||||
| 20 | this Act to the
extent deducted from gross income for | ||||||
| 21 | the taxable year; | ||||||
| 22 | (C) The amount of deductions allowed to the | ||||||
| 23 | partnership pursuant to
Section 707 (c) of the Internal | ||||||
| 24 | Revenue Code in calculating its taxable income; | ||||||
| 25 | (D) An amount equal to the amount of the capital | ||||||
| |||||||
| |||||||
| 1 | gain deduction
allowable under the Internal Revenue | ||||||
| 2 | Code, to the extent deducted from
gross income in the | ||||||
| 3 | computation of taxable income; | ||||||
| 4 | (D-5) For taxable years 2001 and thereafter, an | ||||||
| 5 | amount equal to the
bonus depreciation deduction taken | ||||||
| 6 | on the taxpayer's federal income tax return for the | ||||||
| 7 | taxable
year under subsection (k) of Section 168 of the | ||||||
| 8 | Internal Revenue Code; | ||||||
| 9 | (D-6) If the taxpayer sells, transfers, abandons, | ||||||
| 10 | or otherwise disposes of
property for which the | ||||||
| 11 | taxpayer was required in any taxable year to make an
| ||||||
| 12 | addition modification under subparagraph (D-5), then | ||||||
| 13 | an amount equal to the
aggregate amount of the | ||||||
| 14 | deductions taken in all taxable years
under | ||||||
| 15 | subparagraph (O) with respect to that property. | ||||||
| 16 | If the taxpayer continues to own property through | ||||||
| 17 | the last day of the last tax year for which the | ||||||
| 18 | taxpayer may claim a depreciation deduction for | ||||||
| 19 | federal income tax purposes and for which the taxpayer | ||||||
| 20 | was allowed in any taxable year to make a subtraction | ||||||
| 21 | modification under subparagraph (O), then an amount | ||||||
| 22 | equal to that subtraction modification.
| ||||||
| 23 | The taxpayer is required to make the addition | ||||||
| 24 | modification under this
subparagraph
only once with | ||||||
| 25 | respect to any one piece of property; | ||||||
| 26 | (D-7) An amount equal to the amount otherwise | ||||||
| |||||||
| |||||||
| 1 | allowed as a deduction in computing base income for | ||||||
| 2 | interest paid, accrued, or incurred, directly or | ||||||
| 3 | indirectly, (i) for taxable years ending on or after | ||||||
| 4 | December 31, 2004, to a foreign person who would be a | ||||||
| 5 | member of the same unitary business group but for the | ||||||
| 6 | fact the foreign person's business activity outside | ||||||
| 7 | the United States is 80% or more of the foreign | ||||||
| 8 | person's total business activity and (ii) for taxable | ||||||
| 9 | years ending on or after December 31, 2008, to a person | ||||||
| 10 | who would be a member of the same unitary business | ||||||
| 11 | group but for the fact that the person is prohibited | ||||||
| 12 | under Section 1501(a)(27) from being included in the | ||||||
| 13 | unitary business group because he or she is ordinarily | ||||||
| 14 | required to apportion business income under different | ||||||
| 15 | subsections of Section 304. The addition modification | ||||||
| 16 | required by this subparagraph shall be reduced to the | ||||||
| 17 | extent that dividends were included in base income of | ||||||
| 18 | the unitary group for the same taxable year and | ||||||
| 19 | received by the taxpayer or by a member of the | ||||||
| 20 | taxpayer's unitary business group (including amounts | ||||||
| 21 | included in gross income pursuant to Sections 951 | ||||||
| 22 | through 964 of the Internal Revenue Code and amounts | ||||||
| 23 | included in gross income under Section 78 of the | ||||||
| 24 | Internal Revenue Code) with respect to the stock of the | ||||||
| 25 | same person to whom the interest was paid, accrued, or | ||||||
| 26 | incurred.
| ||||||
| |||||||
| |||||||
| 1 | This paragraph shall not apply to the following:
| ||||||
| 2 | (i) an item of interest paid, accrued, or | ||||||
| 3 | incurred, directly or indirectly, to a person who | ||||||
| 4 | is subject in a foreign country or state, other | ||||||
| 5 | than a state which requires mandatory unitary | ||||||
| 6 | reporting, to a tax on or measured by net income | ||||||
| 7 | with respect to such interest; or | ||||||
| 8 | (ii) an item of interest paid, accrued, or | ||||||
| 9 | incurred, directly or indirectly, to a person if | ||||||
| 10 | the taxpayer can establish, based on a | ||||||
| 11 | preponderance of the evidence, both of the | ||||||
| 12 | following: | ||||||
| 13 | (a) the person, during the same taxable | ||||||
| 14 | year, paid, accrued, or incurred, the interest | ||||||
| 15 | to a person that is not a related member, and | ||||||
| 16 | (b) the transaction giving rise to the | ||||||
| 17 | interest expense between the taxpayer and the | ||||||
| 18 | person did not have as a principal purpose the | ||||||
| 19 | avoidance of Illinois income tax, and is paid | ||||||
| 20 | pursuant to a contract or agreement that | ||||||
| 21 | reflects an arm's-length interest rate and | ||||||
| 22 | terms; or
| ||||||
| 23 | (iii) the taxpayer can establish, based on | ||||||
| 24 | clear and convincing evidence, that the interest | ||||||
| 25 | paid, accrued, or incurred relates to a contract or | ||||||
| 26 | agreement entered into at arm's-length rates and | ||||||
| |||||||
| |||||||
| 1 | terms and the principal purpose for the payment is | ||||||
| 2 | not federal or Illinois tax avoidance; or
| ||||||
| 3 | (iv) an item of interest paid, accrued, or | ||||||
| 4 | incurred, directly or indirectly, to a person if | ||||||
| 5 | the taxpayer establishes by clear and convincing | ||||||
| 6 | evidence that the adjustments are unreasonable; or | ||||||
| 7 | if the taxpayer and the Director agree in writing | ||||||
| 8 | to the application or use of an alternative method | ||||||
| 9 | of apportionment under Section 304(f).
| ||||||
| 10 | Nothing in this subsection shall preclude the | ||||||
| 11 | Director from making any other adjustment | ||||||
| 12 | otherwise allowed under Section 404 of this Act for | ||||||
| 13 | any tax year beginning after the effective date of | ||||||
| 14 | this amendment provided such adjustment is made | ||||||
| 15 | pursuant to regulation adopted by the Department | ||||||
| 16 | and such regulations provide methods and standards | ||||||
| 17 | by which the Department will utilize its authority | ||||||
| 18 | under Section 404 of this Act; and
| ||||||
| 19 | (D-8) An amount equal to the amount of intangible | ||||||
| 20 | expenses and costs otherwise allowed as a deduction in | ||||||
| 21 | computing base income, and that were paid, accrued, or | ||||||
| 22 | incurred, directly or indirectly, (i) for taxable | ||||||
| 23 | years ending on or after December 31, 2004, to a | ||||||
| 24 | foreign person who would be a member of the same | ||||||
| 25 | unitary business group but for the fact that the | ||||||
| 26 | foreign person's business activity outside the United | ||||||
| |||||||
| |||||||
| 1 | States is 80% or more of that person's total business | ||||||
| 2 | activity and (ii) for taxable years ending on or after | ||||||
| 3 | December 31, 2008, to a person who would be a member of | ||||||
| 4 | the same unitary business group but for the fact that | ||||||
| 5 | the person is prohibited under Section 1501(a)(27) | ||||||
| 6 | from being included in the unitary business group | ||||||
| 7 | because he or she is ordinarily required to apportion | ||||||
| 8 | business income under different subsections of Section | ||||||
| 9 | 304. The addition modification required by this | ||||||
| 10 | subparagraph shall be reduced to the extent that | ||||||
| 11 | dividends were included in base income of the unitary | ||||||
| 12 | group for the same taxable year and received by the | ||||||
| 13 | taxpayer or by a member of the taxpayer's unitary | ||||||
| 14 | business group (including amounts included in gross | ||||||
| 15 | income pursuant to Sections 951 through 964 of the | ||||||
| 16 | Internal Revenue Code and amounts included in gross | ||||||
| 17 | income under Section 78 of the Internal Revenue Code) | ||||||
| 18 | with respect to the stock of the same person to whom | ||||||
| 19 | the intangible expenses and costs were directly or | ||||||
| 20 | indirectly paid, incurred or accrued. The preceding | ||||||
| 21 | sentence shall not apply to the extent that the same | ||||||
| 22 | dividends caused a reduction to the addition | ||||||
| 23 | modification required under Section 203(d)(2)(D-7) of | ||||||
| 24 | this Act. As used in this subparagraph, the term | ||||||
| 25 | "intangible expenses and costs" includes (1) expenses, | ||||||
| 26 | losses, and costs for, or related to, the direct or | ||||||
| |||||||
| |||||||
| 1 | indirect acquisition, use, maintenance or management, | ||||||
| 2 | ownership, sale, exchange, or any other disposition of | ||||||
| 3 | intangible property; (2) losses incurred, directly or | ||||||
| 4 | indirectly, from factoring transactions or discounting | ||||||
| 5 | transactions; (3) royalty, patent, technical, and | ||||||
| 6 | copyright fees; (4) licensing fees; and (5) other | ||||||
| 7 | similar expenses and costs. For purposes of this | ||||||
| 8 | subparagraph, "intangible property" includes patents, | ||||||
| 9 | patent applications, trade names, trademarks, service | ||||||
| 10 | marks, copyrights, mask works, trade secrets, and | ||||||
| 11 | similar types of intangible assets; | ||||||
| 12 | This paragraph shall not apply to the following: | ||||||
| 13 | (i) any item of intangible expenses or costs | ||||||
| 14 | paid, accrued, or incurred, directly or | ||||||
| 15 | indirectly, from a transaction with a person who is | ||||||
| 16 | subject in a foreign country or state, other than a | ||||||
| 17 | state which requires mandatory unitary reporting, | ||||||
| 18 | to a tax on or measured by net income with respect | ||||||
| 19 | to such item; or | ||||||
| 20 | (ii) any item of intangible expense or cost | ||||||
| 21 | paid, accrued, or incurred, directly or | ||||||
| 22 | indirectly, if the taxpayer can establish, based | ||||||
| 23 | on a preponderance of the evidence, both of the | ||||||
| 24 | following: | ||||||
| 25 | (a) the person during the same taxable | ||||||
| 26 | year paid, accrued, or incurred, the | ||||||
| |||||||
| |||||||
| 1 | intangible expense or cost to a person that is | ||||||
| 2 | not a related member, and | ||||||
| 3 | (b) the transaction giving rise to the | ||||||
| 4 | intangible expense or cost between the | ||||||
| 5 | taxpayer and the person did not have as a | ||||||
| 6 | principal purpose the avoidance of Illinois | ||||||
| 7 | income tax, and is paid pursuant to a contract | ||||||
| 8 | or agreement that reflects arm's-length terms; | ||||||
| 9 | or | ||||||
| 10 | (iii) any item of intangible expense or cost | ||||||
| 11 | paid, accrued, or incurred, directly or | ||||||
| 12 | indirectly, from a transaction with a person if the | ||||||
| 13 | taxpayer establishes by clear and convincing | ||||||
| 14 | evidence, that the adjustments are unreasonable; | ||||||
| 15 | or if the taxpayer and the Director agree in | ||||||
| 16 | writing to the application or use of an alternative | ||||||
| 17 | method of apportionment under Section 304(f);
| ||||||
| 18 | Nothing in this subsection shall preclude the | ||||||
| 19 | Director from making any other adjustment | ||||||
| 20 | otherwise allowed under Section 404 of this Act for | ||||||
| 21 | any tax year beginning after the effective date of | ||||||
| 22 | this amendment provided such adjustment is made | ||||||
| 23 | pursuant to regulation adopted by the Department | ||||||
| 24 | and such regulations provide methods and standards | ||||||
| 25 | by which the Department will utilize its authority | ||||||
| 26 | under Section 404 of this Act;
| ||||||
| |||||||
| |||||||
| 1 | (D-9) For taxable years ending on or after December | ||||||
| 2 | 31, 2008, an amount equal to the amount of insurance | ||||||
| 3 | premium expenses and costs otherwise allowed as a | ||||||
| 4 | deduction in computing base income, and that were paid, | ||||||
| 5 | accrued, or incurred, directly or indirectly, to a | ||||||
| 6 | person who would be a member of the same unitary | ||||||
| 7 | business group but for the fact that the person is | ||||||
| 8 | prohibited under Section 1501(a)(27) from being | ||||||
| 9 | included in the unitary business group because he or | ||||||
| 10 | she is ordinarily required to apportion business | ||||||
| 11 | income under different subsections of Section 304. The | ||||||
| 12 | addition modification required by this subparagraph | ||||||
| 13 | shall be reduced to the extent that dividends were | ||||||
| 14 | included in base income of the unitary group for the | ||||||
| 15 | same taxable year and received by the taxpayer or by a | ||||||
| 16 | member of the taxpayer's unitary business group | ||||||
| 17 | (including amounts included in gross income under | ||||||
| 18 | Sections 951 through 964 of the Internal Revenue Code | ||||||
| 19 | and amounts included in gross income under Section 78 | ||||||
| 20 | of the Internal Revenue Code) with respect to the stock | ||||||
| 21 | of the same person to whom the premiums and costs were | ||||||
| 22 | directly or indirectly paid, incurred, or accrued. The | ||||||
| 23 | preceding sentence does not apply to the extent that | ||||||
| 24 | the same dividends caused a reduction to the addition | ||||||
| 25 | modification required under Section 203(d)(2)(D-7) or | ||||||
| 26 | Section 203(d)(2)(D-8) of this Act; | ||||||
| |||||||
| |||||||
| 1 | (D-10) An amount equal to the credit allowable to | ||||||
| 2 | the taxpayer under Section 218(a) of this Act, | ||||||
| 3 | determined without regard to Section 218(c) of this | ||||||
| 4 | Act; | ||||||
| 5 | (D-11) For taxable years ending on or after | ||||||
| 6 | December 31, 2017, an amount equal to the deduction | ||||||
| 7 | allowed under Section 199 of the Internal Revenue Code | ||||||
| 8 | for the taxable year; | ||||||
| 9 | and by deducting from the total so obtained the following | ||||||
| 10 | amounts: | ||||||
| 11 | (E) The valuation limitation amount; | ||||||
| 12 | (F) An amount equal to the amount of any tax | ||||||
| 13 | imposed by this Act which
was refunded to the taxpayer | ||||||
| 14 | and included in such total for the taxable year; | ||||||
| 15 | (G) An amount equal to all amounts included in | ||||||
| 16 | taxable income as
modified by subparagraphs (A), (B), | ||||||
| 17 | (C) and (D) which are exempt from
taxation by this | ||||||
| 18 | State either by reason of its statutes or Constitution | ||||||
| 19 | or
by reason of
the Constitution, treaties or statutes | ||||||
| 20 | of the United States;
provided that, in the case of any | ||||||
| 21 | statute of this State that exempts income
derived from | ||||||
| 22 | bonds or other obligations from the tax imposed under | ||||||
| 23 | this Act,
the amount exempted shall be the interest net | ||||||
| 24 | of bond premium amortization; | ||||||
| 25 | (H) Any income of the partnership which | ||||||
| 26 | constitutes personal service
income as defined in | ||||||
| |||||||
| |||||||
| 1 | Section 1348(b)(1) of the Internal Revenue Code (as
in | ||||||
| 2 | effect December 31, 1981) or a reasonable allowance for | ||||||
| 3 | compensation
paid or accrued for services rendered by | ||||||
| 4 | partners to the partnership,
whichever is greater; | ||||||
| 5 | this subparagraph (H) is exempt from the provisions of | ||||||
| 6 | Section 250; | ||||||
| 7 | (I) An amount equal to all amounts of income | ||||||
| 8 | distributable to an entity
subject to the Personal | ||||||
| 9 | Property Tax Replacement Income Tax imposed by
| ||||||
| 10 | subsections (c) and (d) of Section 201 of this Act | ||||||
| 11 | including amounts
distributable to organizations | ||||||
| 12 | exempt from federal income tax by reason of
Section | ||||||
| 13 | 501(a) of the Internal Revenue Code; this subparagraph | ||||||
| 14 | (I) is exempt from the provisions of Section 250; | ||||||
| 15 | (J) With the exception of any amounts subtracted | ||||||
| 16 | under subparagraph
(G),
an amount equal to the sum of | ||||||
| 17 | all amounts disallowed as deductions
by (i) Sections | ||||||
| 18 | 171(a)(2), and 265(a)(2) of the Internal Revenue Code, | ||||||
| 19 | and all amounts of expenses allocable to
interest and | ||||||
| 20 | disallowed as deductions by Section 265(a)(1) of the | ||||||
| 21 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
| 22 | ending on or after August 13, 1999, Sections
171(a)(2), | ||||||
| 23 | 265,
280C, and 832(b)(5)(B)(i) of the Internal Revenue | ||||||
| 24 | Code, plus, (iii) for taxable years ending on or after | ||||||
| 25 | December 31, 2011, Section 45G(e)(3) of the Internal | ||||||
| 26 | Revenue Code and, for taxable years ending on or after | ||||||
| |||||||
| |||||||
| 1 | December 31, 2008, any amount included in gross income | ||||||
| 2 | under Section 87 of the Internal Revenue Code; the | ||||||
| 3 | provisions of this
subparagraph are exempt from the | ||||||
| 4 | provisions of Section 250; | ||||||
| 5 | (K) An amount equal to those dividends included in | ||||||
| 6 | such total which were
paid by a corporation which | ||||||
| 7 | conducts business operations in a River Edge | ||||||
| 8 | Redevelopment Zone or zones created under the River | ||||||
| 9 | Edge Redevelopment Zone Act and
conducts substantially | ||||||
| 10 | all of its operations
from a River Edge Redevelopment | ||||||
| 11 | Zone or zones. This subparagraph (K) is exempt from the | ||||||
| 12 | provisions of Section 250; | ||||||
| 13 | (L) An amount equal to any contribution made to a | ||||||
| 14 | job training project
established pursuant to the Real | ||||||
| 15 | Property Tax Increment Allocation
Redevelopment Act; | ||||||
| 16 | (M) An amount equal to those dividends included in | ||||||
| 17 | such total
that were paid by a corporation that | ||||||
| 18 | conducts business operations in a
federally designated | ||||||
| 19 | Foreign Trade Zone or Sub-Zone and that is designated a
| ||||||
| 20 | High Impact Business located in Illinois; provided | ||||||
| 21 | that dividends eligible
for the deduction provided in | ||||||
| 22 | subparagraph (K) of paragraph (2) of this
subsection | ||||||
| 23 | shall not be eligible for the deduction provided under | ||||||
| 24 | this
subparagraph (M); | ||||||
| 25 | (N) An amount equal to the amount of the deduction | ||||||
| 26 | used to compute the
federal income tax credit for | ||||||
| |||||||
| |||||||
| 1 | restoration of substantial amounts held under
claim of | ||||||
| 2 | right for the taxable year pursuant to Section 1341 of | ||||||
| 3 | the
Internal Revenue Code; | ||||||
| 4 | (O) For taxable years 2001 and thereafter, for the | ||||||
| 5 | taxable year in
which the bonus depreciation deduction
| ||||||
| 6 | is taken on the taxpayer's federal income tax return | ||||||
| 7 | under
subsection (k) of Section 168 of the Internal | ||||||
| 8 | Revenue Code and for each
applicable taxable year | ||||||
| 9 | thereafter, an amount equal to "x", where: | ||||||
| 10 | (1) "y" equals the amount of the depreciation | ||||||
| 11 | deduction taken for the
taxable year
on the | ||||||
| 12 | taxpayer's federal income tax return on property | ||||||
| 13 | for which the bonus
depreciation deduction
was | ||||||
| 14 | taken in any year under subsection (k) of Section | ||||||
| 15 | 168 of the Internal
Revenue Code, but not including | ||||||
| 16 | the bonus depreciation deduction; | ||||||
| 17 | (2) for taxable years ending on or before | ||||||
| 18 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
| 19 | and then divided by 70 (or "y"
multiplied by | ||||||
| 20 | 0.429); and | ||||||
| 21 | (3) for taxable years ending after December | ||||||
| 22 | 31, 2005: | ||||||
| 23 | (i) for property on which a bonus | ||||||
| 24 | depreciation deduction of 30% of the adjusted | ||||||
| 25 | basis was taken, "x" equals "y" multiplied by | ||||||
| 26 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
| |||||||
| |||||||
| 1 | 0.429); and | ||||||
| 2 | (ii) for property on which a bonus | ||||||
| 3 | depreciation deduction of 50% of the adjusted | ||||||
| 4 | basis was taken, "x" equals "y" multiplied by | ||||||
| 5 | 1.0. | ||||||
| 6 | The aggregate amount deducted under this | ||||||
| 7 | subparagraph in all taxable
years for any one piece of | ||||||
| 8 | property may not exceed the amount of the bonus
| ||||||
| 9 | depreciation deduction
taken on that property on the | ||||||
| 10 | taxpayer's federal income tax return under
subsection | ||||||
| 11 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
| 12 | subparagraph (O) is exempt from the provisions of | ||||||
| 13 | Section 250; | ||||||
| 14 | (P) If the taxpayer sells, transfers, abandons, or | ||||||
| 15 | otherwise disposes of
property for which the taxpayer | ||||||
| 16 | was required in any taxable year to make an
addition | ||||||
| 17 | modification under subparagraph (D-5), then an amount | ||||||
| 18 | equal to that
addition modification. | ||||||
| 19 | If the taxpayer continues to own property through | ||||||
| 20 | the last day of the last tax year for which the | ||||||
| 21 | taxpayer may claim a depreciation deduction for | ||||||
| 22 | federal income tax purposes and for which the taxpayer | ||||||
| 23 | was required in any taxable year to make an addition | ||||||
| 24 | modification under subparagraph (D-5), then an amount | ||||||
| 25 | equal to that addition modification.
| ||||||
| 26 | The taxpayer is allowed to take the deduction under | ||||||
| |||||||
| |||||||
| 1 | this subparagraph
only once with respect to any one | ||||||
| 2 | piece of property. | ||||||
| 3 | This subparagraph (P) is exempt from the | ||||||
| 4 | provisions of Section 250; | ||||||
| 5 | (Q) The amount of (i) any interest income (net of | ||||||
| 6 | the deductions allocable thereto) taken into account | ||||||
| 7 | for the taxable year with respect to a transaction with | ||||||
| 8 | a taxpayer that is required to make an addition | ||||||
| 9 | modification with respect to such transaction under | ||||||
| 10 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
| 11 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
| 12 | the amount of such addition modification and
(ii) any | ||||||
| 13 | income from intangible property (net of the deductions | ||||||
| 14 | allocable thereto) taken into account for the taxable | ||||||
| 15 | year with respect to a transaction with a taxpayer that | ||||||
| 16 | is required to make an addition modification with | ||||||
| 17 | respect to such transaction under Section | ||||||
| 18 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
| 19 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
| 20 | addition modification. This subparagraph (Q) is exempt | ||||||
| 21 | from Section 250;
| ||||||
| 22 | (R) An amount equal to the interest income taken | ||||||
| 23 | into account for the taxable year (net of the | ||||||
| 24 | deductions allocable thereto) with respect to | ||||||
| 25 | transactions with (i) a foreign person who would be a | ||||||
| 26 | member of the taxpayer's unitary business group but for | ||||||
| |||||||
| |||||||
| 1 | the fact that the foreign person's business activity | ||||||
| 2 | outside the United States is 80% or more of that | ||||||
| 3 | person's total business activity and (ii) for taxable | ||||||
| 4 | years ending on or after December 31, 2008, to a person | ||||||
| 5 | who would be a member of the same unitary business | ||||||
| 6 | group but for the fact that the person is prohibited | ||||||
| 7 | under Section 1501(a)(27) from being included in the | ||||||
| 8 | unitary business group because he or she is ordinarily | ||||||
| 9 | required to apportion business income under different | ||||||
| 10 | subsections of Section 304, but not to exceed the | ||||||
| 11 | addition modification required to be made for the same | ||||||
| 12 | taxable year under Section 203(d)(2)(D-7) for interest | ||||||
| 13 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 14 | the same person. This subparagraph (R) is exempt from | ||||||
| 15 | Section 250; | ||||||
| 16 | (S) An amount equal to the income from intangible | ||||||
| 17 | property taken into account for the taxable year (net | ||||||
| 18 | of the deductions allocable thereto) with respect to | ||||||
| 19 | transactions with (i) a foreign person who would be a | ||||||
| 20 | member of the taxpayer's unitary business group but for | ||||||
| 21 | the fact that the foreign person's business activity | ||||||
| 22 | outside the United States is 80% or more of that | ||||||
| 23 | person's total business activity and (ii) for taxable | ||||||
| 24 | years ending on or after December 31, 2008, to a person | ||||||
| 25 | who would be a member of the same unitary business | ||||||
| 26 | group but for the fact that the person is prohibited | ||||||
| |||||||
| |||||||
| 1 | under Section 1501(a)(27) from being included in the | ||||||
| 2 | unitary business group because he or she is ordinarily | ||||||
| 3 | required to apportion business income under different | ||||||
| 4 | subsections of Section 304, but not to exceed the | ||||||
| 5 | addition modification required to be made for the same | ||||||
| 6 | taxable year under Section 203(d)(2)(D-8) for | ||||||
| 7 | intangible expenses and costs paid, accrued, or | ||||||
| 8 | incurred, directly or indirectly, to the same person. | ||||||
| 9 | This subparagraph (S) is exempt from Section 250; and
| ||||||
| 10 | (T) For taxable years ending on or after December | ||||||
| 11 | 31, 2011, in the case of a taxpayer who was required to | ||||||
| 12 | add back any insurance premiums under Section | ||||||
| 13 | 203(d)(2)(D-9), such taxpayer may elect to subtract | ||||||
| 14 | that part of a reimbursement received from the | ||||||
| 15 | insurance company equal to the amount of the expense or | ||||||
| 16 | loss (including expenses incurred by the insurance | ||||||
| 17 | company) that would have been taken into account as a | ||||||
| 18 | deduction for federal income tax purposes if the | ||||||
| 19 | expense or loss had been uninsured. If a taxpayer makes | ||||||
| 20 | the election provided for by this subparagraph (T), the | ||||||
| 21 | insurer to which the premiums were paid must add back | ||||||
| 22 | to income the amount subtracted by the taxpayer | ||||||
| 23 | pursuant to this subparagraph (T). This subparagraph | ||||||
| 24 | (T) is exempt from the provisions of Section 250.
| ||||||
| 25 | (e) Gross income; adjusted gross income; taxable income. | ||||||
| |||||||
| |||||||
| 1 | (1) In general. Subject to the provisions of paragraph | ||||||
| 2 | (2) and
subsection (b)(3), for purposes of this Section and | ||||||
| 3 | Section 803(e), a
taxpayer's gross income, adjusted gross | ||||||
| 4 | income, or taxable income for
the taxable year shall mean | ||||||
| 5 | the amount of gross income, adjusted gross
income or | ||||||
| 6 | taxable income properly reportable for federal income tax
| ||||||
| 7 | purposes for the taxable year under the provisions of the | ||||||
| 8 | Internal
Revenue Code. Taxable income may be less than | ||||||
| 9 | zero. However, for taxable
years ending on or after | ||||||
| 10 | December 31, 1986, net operating loss
carryforwards from | ||||||
| 11 | taxable years ending prior to December 31, 1986, may not
| ||||||
| 12 | exceed the sum of federal taxable income for the taxable | ||||||
| 13 | year before net
operating loss deduction, plus the excess | ||||||
| 14 | of addition modifications over
subtraction modifications | ||||||
| 15 | for the taxable year. For taxable years ending
prior to | ||||||
| 16 | December 31, 1986, taxable income may never be an amount in | ||||||
| 17 | excess
of the net operating loss for the taxable year as | ||||||
| 18 | defined in subsections
(c) and (d) of Section 172 of the | ||||||
| 19 | Internal Revenue Code, provided that when
taxable income of | ||||||
| 20 | a corporation (other than a Subchapter S corporation),
| ||||||
| 21 | trust, or estate is less than zero and addition | ||||||
| 22 | modifications, other than
those provided by subparagraph | ||||||
| 23 | (E) of paragraph (2) of subsection (b) for
corporations or | ||||||
| 24 | subparagraph (E) of paragraph (2) of subsection (c) for
| ||||||
| 25 | trusts and estates, exceed subtraction modifications, an | ||||||
| 26 | addition
modification must be made under those | ||||||
| |||||||
| |||||||
| 1 | subparagraphs for any other taxable
year to which the | ||||||
| 2 | taxable income less than zero (net operating loss) is
| ||||||
| 3 | applied under Section 172 of the Internal Revenue Code or | ||||||
| 4 | under
subparagraph (E) of paragraph (2) of this subsection | ||||||
| 5 | (e) applied in
conjunction with Section 172 of the Internal | ||||||
| 6 | Revenue Code. | ||||||
| 7 | (2) Special rule. For purposes of paragraph (1) of this | ||||||
| 8 | subsection,
the taxable income properly reportable for | ||||||
| 9 | federal income tax purposes
shall mean: | ||||||
| 10 | (A) Certain life insurance companies. In the case | ||||||
| 11 | of a life
insurance company subject to the tax imposed | ||||||
| 12 | by Section 801 of the
Internal Revenue Code, life | ||||||
| 13 | insurance company taxable income, plus the
amount of | ||||||
| 14 | distribution from pre-1984 policyholder surplus | ||||||
| 15 | accounts as
calculated under Section 815a of the | ||||||
| 16 | Internal Revenue Code; | ||||||
| 17 | (B) Certain other insurance companies. In the case | ||||||
| 18 | of mutual
insurance companies subject to the tax | ||||||
| 19 | imposed by Section 831 of the
Internal Revenue Code, | ||||||
| 20 | insurance company taxable income; | ||||||
| 21 | (C) Regulated investment companies. In the case of | ||||||
| 22 | a regulated
investment company subject to the tax | ||||||
| 23 | imposed by Section 852 of the
Internal Revenue Code, | ||||||
| 24 | investment company taxable income; | ||||||
| 25 | (D) Real estate investment trusts. In the case of a | ||||||
| 26 | real estate
investment trust subject to the tax imposed | ||||||
| |||||||
| |||||||
| 1 | by Section 857 of the
Internal Revenue Code, real | ||||||
| 2 | estate investment trust taxable income; | ||||||
| 3 | (E) Consolidated corporations. In the case of a | ||||||
| 4 | corporation which
is a member of an affiliated group of | ||||||
| 5 | corporations filing a consolidated
income tax return | ||||||
| 6 | for the taxable year for federal income tax purposes,
| ||||||
| 7 | taxable income determined as if such corporation had | ||||||
| 8 | filed a separate
return for federal income tax purposes | ||||||
| 9 | for the taxable year and each
preceding taxable year | ||||||
| 10 | for which it was a member of an affiliated group.
For | ||||||
| 11 | purposes of this subparagraph, the taxpayer's separate | ||||||
| 12 | taxable
income shall be determined as if the election | ||||||
| 13 | provided by Section
243(b)(2) of the Internal Revenue | ||||||
| 14 | Code had been in effect for all such years; | ||||||
| 15 | (F) Cooperatives. In the case of a cooperative | ||||||
| 16 | corporation or
association, the taxable income of such | ||||||
| 17 | organization determined in
accordance with the | ||||||
| 18 | provisions of Section 1381 through 1388 of the
Internal | ||||||
| 19 | Revenue Code, but without regard to the prohibition | ||||||
| 20 | against offsetting losses from patronage activities | ||||||
| 21 | against income from nonpatronage activities; except | ||||||
| 22 | that a cooperative corporation or association may make | ||||||
| 23 | an election to follow its federal income tax treatment | ||||||
| 24 | of patronage losses and nonpatronage losses. In the | ||||||
| 25 | event such election is made, such losses shall be | ||||||
| 26 | computed and carried over in a manner consistent with | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of Section 207 of this Act and | ||||||
| 2 | apportioned by the apportionment factor reported by | ||||||
| 3 | the cooperative on its Illinois income tax return filed | ||||||
| 4 | for the taxable year in which the losses are incurred. | ||||||
| 5 | The election shall be effective for all taxable years | ||||||
| 6 | with original returns due on or after the date of the | ||||||
| 7 | election. In addition, the cooperative may file an | ||||||
| 8 | amended return or returns, as allowed under this Act, | ||||||
| 9 | to provide that the election shall be effective for | ||||||
| 10 | losses incurred or carried forward for taxable years | ||||||
| 11 | occurring prior to the date of the election. Once made, | ||||||
| 12 | the election may only be revoked upon approval of the | ||||||
| 13 | Director. The Department shall adopt rules setting | ||||||
| 14 | forth requirements for documenting the elections and | ||||||
| 15 | any resulting Illinois net loss and the standards to be | ||||||
| 16 | used by the Director in evaluating requests to revoke | ||||||
| 17 | elections. Public Act 96-932 is declaratory of | ||||||
| 18 | existing law; | ||||||
| 19 | (G) Subchapter S corporations. In the case of: (i) | ||||||
| 20 | a Subchapter S
corporation for which there is in effect | ||||||
| 21 | an election for the taxable year
under Section 1362 of | ||||||
| 22 | the Internal Revenue Code, the taxable income of such
| ||||||
| 23 | corporation determined in accordance with Section | ||||||
| 24 | 1363(b) of the Internal
Revenue Code, except that | ||||||
| 25 | taxable income shall take into
account those items | ||||||
| 26 | which are required by Section 1363(b)(1) of the
| ||||||
| |||||||
| |||||||
| 1 | Internal Revenue Code to be separately stated; and (ii) | ||||||
| 2 | a Subchapter
S corporation for which there is in effect | ||||||
| 3 | a federal election to opt out of
the provisions of the | ||||||
| 4 | Subchapter S Revision Act of 1982 and have applied
| ||||||
| 5 | instead the prior federal Subchapter S rules as in | ||||||
| 6 | effect on July 1, 1982,
the taxable income of such | ||||||
| 7 | corporation determined in accordance with the
federal | ||||||
| 8 | Subchapter S rules as in effect on July 1, 1982; and | ||||||
| 9 | (H) Partnerships. In the case of a partnership, | ||||||
| 10 | taxable income
determined in accordance with Section | ||||||
| 11 | 703 of the Internal Revenue Code,
except that taxable | ||||||
| 12 | income shall take into account those items which are
| ||||||
| 13 | required by Section 703(a)(1) to be separately stated | ||||||
| 14 | but which would be
taken into account by an individual | ||||||
| 15 | in calculating his taxable income. | ||||||
| 16 | (3) Recapture of business expenses on disposition of | ||||||
| 17 | asset or business. Notwithstanding any other law to the | ||||||
| 18 | contrary, if in prior years income from an asset or | ||||||
| 19 | business has been classified as business income and in a | ||||||
| 20 | later year is demonstrated to be non-business income, then | ||||||
| 21 | all expenses, without limitation, deducted in such later | ||||||
| 22 | year and in the 2 immediately preceding taxable years | ||||||
| 23 | related to that asset or business that generated the | ||||||
| 24 | non-business income shall be added back and recaptured as | ||||||
| 25 | business income in the year of the disposition of the asset | ||||||
| 26 | or business. Such amount shall be apportioned to Illinois | ||||||
| |||||||
| |||||||
| 1 | using the greater of the apportionment fraction computed | ||||||
| 2 | for the business under Section 304 of this Act for the | ||||||
| 3 | taxable year or the average of the apportionment fractions | ||||||
| 4 | computed for the business under Section 304 of this Act for | ||||||
| 5 | the taxable year and for the 2 immediately preceding | ||||||
| 6 | taxable years.
| ||||||
| 7 | (f) Valuation limitation amount. | ||||||
| 8 | (1) In general. The valuation limitation amount | ||||||
| 9 | referred to in
subsections (a)(2)(G), (c)(2)(I) and | ||||||
| 10 | (d)(2)(E) is an amount equal to: | ||||||
| 11 | (A) The sum of the pre-August 1, 1969 appreciation | ||||||
| 12 | amounts (to the
extent consisting of gain reportable | ||||||
| 13 | under the provisions of Section
1245 or 1250 of the | ||||||
| 14 | Internal Revenue Code) for all property in respect
of | ||||||
| 15 | which such gain was reported for the taxable year; plus | ||||||
| 16 | (B) The lesser of (i) the sum of the pre-August 1, | ||||||
| 17 | 1969 appreciation
amounts (to the extent consisting of | ||||||
| 18 | capital gain) for all property in
respect of which such | ||||||
| 19 | gain was reported for federal income tax purposes
for | ||||||
| 20 | the taxable year, or (ii) the net capital gain for the | ||||||
| 21 | taxable year,
reduced in either case by any amount of | ||||||
| 22 | such gain included in the amount
determined under | ||||||
| 23 | subsection (a)(2)(F) or (c)(2)(H). | ||||||
| 24 | (2) Pre-August 1, 1969 appreciation amount. | ||||||
| 25 | (A) If the fair market value of property referred | ||||||
| |||||||
| |||||||
| 1 | to in paragraph
(1) was readily ascertainable on August | ||||||
| 2 | 1, 1969, the pre-August 1, 1969
appreciation amount for | ||||||
| 3 | such property is the lesser of (i) the excess of
such | ||||||
| 4 | fair market value over the taxpayer's basis (for | ||||||
| 5 | determining gain)
for such property on that date | ||||||
| 6 | (determined under the Internal Revenue
Code as in | ||||||
| 7 | effect on that date), or (ii) the total gain realized | ||||||
| 8 | and
reportable for federal income tax purposes in | ||||||
| 9 | respect of the sale,
exchange or other disposition of | ||||||
| 10 | such property. | ||||||
| 11 | (B) If the fair market value of property referred | ||||||
| 12 | to in paragraph
(1) was not readily ascertainable on | ||||||
| 13 | August 1, 1969, the pre-August 1,
1969 appreciation | ||||||
| 14 | amount for such property is that amount which bears
the | ||||||
| 15 | same ratio to the total gain reported in respect of the | ||||||
| 16 | property for
federal income tax purposes for the | ||||||
| 17 | taxable year, as the number of full
calendar months in | ||||||
| 18 | that part of the taxpayer's holding period for the
| ||||||
| 19 | property ending July 31, 1969 bears to the number of | ||||||
| 20 | full calendar
months in the taxpayer's entire holding | ||||||
| 21 | period for the
property. | ||||||
| 22 | (C) The Department shall prescribe such | ||||||
| 23 | regulations as may be
necessary to carry out the | ||||||
| 24 | purposes of this paragraph.
| ||||||
| 25 | (g) Double deductions. Unless specifically provided | ||||||
| |||||||
| |||||||
| 1 | otherwise, nothing
in this Section shall permit the same item | ||||||
| 2 | to be deducted more than once.
| ||||||
| 3 | (h) Legislative intention. Except as expressly provided by | ||||||
| 4 | this
Section there shall be no modifications or limitations on | ||||||
| 5 | the amounts
of income, gain, loss or deduction taken into | ||||||
| 6 | account in determining
gross income, adjusted gross income or | ||||||
| 7 | taxable income for federal income
tax purposes for the taxable | ||||||
| 8 | year, or in the amount of such items
entering into the | ||||||
| 9 | computation of base income and net income under this
Act for | ||||||
| 10 | such taxable year, whether in respect of property values as of
| ||||||
| 11 | August 1, 1969 or otherwise. | ||||||
| 12 | (Source: P.A. 100-22, eff. 7-6-17; 100-905, eff. 8-17-18; | ||||||
| 13 | 101-9, eff. 6-5-19; 101-81, eff. 7-12-19; revised 9-20-19.)
| ||||||
| 14 | (35 ILCS 5/229)
| ||||||
| 15 | Sec. 229. Data center construction employment tax credit. | ||||||
| 16 | (a) A taxpayer who has been awarded a credit by the | ||||||
| 17 | Department of Commerce and Economic Opportunity under Section | ||||||
| 18 | 605-1025 of the Department of Commerce and Economic Opportunity | ||||||
| 19 | Law of the
Civil Administrative Code of Illinois is entitled to | ||||||
| 20 | a credit against the taxes imposed under subsections (a) and | ||||||
| 21 | (b) of Section 201 of this Act. The amount of the credit shall | ||||||
| 22 | be 20% of the wages paid during the taxable year to a full-time | ||||||
| 23 | or part-time employee of a construction contractor employed by | ||||||
| 24 | a certified data center if those wages are paid for the | ||||||
| |||||||
| |||||||
| 1 | construction of a new data center in a geographic area that | ||||||
| 2 | meets any one of the following criteria: | ||||||
| 3 | (1) the area has a poverty rate of at least 20%, | ||||||
| 4 | according to the U.S. Census Bureau American Community | ||||||
| 5 | Survey 5-Year Estimates; | ||||||
| 6 | (2) 75% or more of the children in the area participate | ||||||
| 7 | in the federal free lunch program, according to reported | ||||||
| 8 | statistics from the State Board of Education; | ||||||
| 9 | (3) 20% or more of the households in the area receive | ||||||
| 10 | assistance under the Supplemental Nutrition Assistance | ||||||
| 11 | Program (SNAP), according to data from the U.S. Census | ||||||
| 12 | Bureau American Community Survey 5-year Estimates; or | ||||||
| 13 | (4) the area has an average unemployment rate, as | ||||||
| 14 | determined by the Department of Employment Security, that | ||||||
| 15 | is more than 120% of the national unemployment average, as | ||||||
| 16 | determined by the U.S. Department of Labor, for a period of | ||||||
| 17 | at least 2 consecutive calendar years preceding the date of | ||||||
| 18 | the application. | ||||||
| 19 | If the taxpayer is a partnership, a Subchapter S | ||||||
| 20 | corporation, or a limited liability company that has elected | ||||||
| 21 | partnership tax treatment, the credit shall be allowed to the | ||||||
| 22 | partners, shareholders, or members in accordance with the | ||||||
| 23 | determination of income and distributive share of income under | ||||||
| 24 | Sections 702 and 704 and subchapter S of the Internal Revenue | ||||||
| 25 | Code, as applicable. The Department, in cooperation with the | ||||||
| 26 | Department of Commerce and Economic Opportunity, shall adopt | ||||||
| |||||||
| |||||||
| 1 | rules to enforce and administer this Section. This Section is | ||||||
| 2 | exempt from the provisions of Section 250 of this Act. | ||||||
| 3 | (b) In no event shall a credit under this Section reduce | ||||||
| 4 | the taxpayer's liability to less than zero. If the amount of | ||||||
| 5 | the credit exceeds the tax liability for the year, the excess | ||||||
| 6 | may be carried forward and applied to the tax liability of the | ||||||
| 7 | 5 taxable years following the excess credit year. The tax | ||||||
| 8 | credit shall be applied to the earliest year for which there is | ||||||
| 9 | a tax liability. If there are credits for more than one year | ||||||
| 10 | that are available to offset a liability, the earlier credit | ||||||
| 11 | shall be applied first. | ||||||
| 12 | (c) No credit shall be allowed with respect to any | ||||||
| 13 | certification for any taxable year ending after the revocation | ||||||
| 14 | of the certification by the Department of Commerce and Economic | ||||||
| 15 | Opportunity. Upon receiving notification by the Department of | ||||||
| 16 | Commerce and Economic Opportunity of the revocation of | ||||||
| 17 | certification, the Department shall notify the taxpayer that no | ||||||
| 18 | credit is allowed for any taxable year ending after the | ||||||
| 19 | revocation date, as stated in such notification. If any credit | ||||||
| 20 | has been allowed with respect to a certification for a taxable | ||||||
| 21 | year ending after the revocation date, any refund paid to the | ||||||
| 22 | taxpayer for that taxable year shall, to the extent of that | ||||||
| 23 | credit allowed, be an erroneous refund within the meaning of | ||||||
| 24 | Section 912 of this Act.
| ||||||
| 25 | (Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 5/230) | ||||||
| 2 | (This Section may contain text from a Public Act with a | ||||||
| 3 | delayed effective date) | ||||||
| 4 | Sec. 230 229. Child tax credit. | ||||||
| 5 | (a) For taxable years beginning on or after January 1, | ||||||
| 6 | 2021, there shall be allowed as a credit against the tax | ||||||
| 7 | imposed by Section 201 for the taxable year with respect to | ||||||
| 8 | each child of the taxpayer who is under the age of 17 and for | ||||||
| 9 | whom the taxpayer is allowed an additional exemption under | ||||||
| 10 | Section 204 an amount equal to $100. | ||||||
| 11 | (b) The amount of the credit allowed under subsection (a) | ||||||
| 12 | shall be reduced by $5 for each $2,000 by which the taxpayer's | ||||||
| 13 | net income exceeds $60,000 in the case of a joint return or | ||||||
| 14 | exceeds $40,000 in the case of any other form of return. | ||||||
| 15 | (c) In no event shall a credit under this Section reduce | ||||||
| 16 | the taxpayer's liability to less than zero. | ||||||
| 17 | (d) This Section is exempt from the provisions of Section | ||||||
| 18 | 250.
| ||||||
| 19 | (Source: P.A. 101-8, see Section 99 for effective date; revised | ||||||
| 20 | 9-5-19.)
| ||||||
| 21 | (35 ILCS 5/231) | ||||||
| 22 | Sec. 231 229. Apprenticeship education expense credit. | ||||||
| 23 | (a) As used in this Section: | ||||||
| 24 | "Department" means the Department of Commerce and Economic | ||||||
| 25 | Opportunity. | ||||||
| |||||||
| |||||||
| 1 | "Employer" means an Illinois taxpayer who is the employer | ||||||
| 2 | of the qualifying apprentice. | ||||||
| 3 | "Qualifying apprentice" means an individual who: (i) is a | ||||||
| 4 | resident of the State of Illinois; (ii) is at least 16 years | ||||||
| 5 | old at the close of the school year for which a credit is | ||||||
| 6 | sought; (iii) during the school year for which a credit is | ||||||
| 7 | sought, was a full-time apprentice enrolled in an | ||||||
| 8 | apprenticeship program which is registered with the United | ||||||
| 9 | States Department of Labor, Office of Apprenticeship; and (iv) | ||||||
| 10 | is employed in Illinois by the taxpayer who is the employer. | ||||||
| 11 | "Qualified education expense" means the amount incurred on | ||||||
| 12 | behalf of a qualifying apprentice not to exceed $3,500 for | ||||||
| 13 | tuition, book fees, and lab fees at the school or community | ||||||
| 14 | college in which the apprentice is enrolled during the regular | ||||||
| 15 | school year. | ||||||
| 16 | "School" means any public or nonpublic secondary school in | ||||||
| 17 | Illinois that is: (i) an institution of higher education that | ||||||
| 18 | provides a program that leads to an industry-recognized | ||||||
| 19 | postsecondary credential or degree; (ii) an entity that carries | ||||||
| 20 | out programs registered under the federal National | ||||||
| 21 | Apprenticeship Act; or (iii) another public or private provider | ||||||
| 22 | of a program of training services, which may include a joint | ||||||
| 23 | labor-management organization. | ||||||
| 24 | (b) For taxable years beginning on or after January 1, | ||||||
| 25 | 2020, and beginning on or before January 1, 2025, the employer | ||||||
| 26 | of one or more qualifying apprentices shall be allowed a credit | ||||||
| |||||||
| |||||||
| 1 | against the tax imposed by subsections (a) and (b) of Section | ||||||
| 2 | 201 of the Illinois Income Tax Act for qualified education | ||||||
| 3 | expenses incurred on behalf of a qualifying apprentice. The | ||||||
| 4 | credit shall be equal to 100% of the qualified education | ||||||
| 5 | expenses, but in no event may the total credit amount awarded | ||||||
| 6 | to a single taxpayer in a single taxable year exceed $3,500 per | ||||||
| 7 | qualifying apprentice. A taxpayer shall be entitled to an | ||||||
| 8 | additional $1,500 credit against the tax imposed by subsections | ||||||
| 9 | (a) and (b) of Section 201 of the Illinois Income Tax Act if | ||||||
| 10 | (i) the qualifying apprentice resides in an underserved area as | ||||||
| 11 | defined in Section 5-5 of the Economic Development for a | ||||||
| 12 | Growing Economy Tax Credit Act during the school year for which | ||||||
| 13 | a credit is sought by an employer or (ii) the employer's | ||||||
| 14 | principal place of business is located in an underserved area, | ||||||
| 15 | as defined in Section 5-5 of the Economic Development for a | ||||||
| 16 | Growing Economy Tax Credit Act. In no event shall a credit | ||||||
| 17 | under this Section reduce the taxpayer's liability under this | ||||||
| 18 | Act to less than zero.
For partners, shareholders of Subchapter | ||||||
| 19 | S corporations, and owners of limited liability companies, if | ||||||
| 20 | the liability company is treated as a partnership for purposes | ||||||
| 21 | of federal and State income taxation, there shall be allowed a | ||||||
| 22 | credit under this Section to be determined in accordance with | ||||||
| 23 | the determination of income and distributive share of income | ||||||
| 24 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
| 25 | Revenue Code. | ||||||
| 26 | (c) The Department shall implement a program to certify | ||||||
| |||||||
| |||||||
| 1 | applicants for an apprenticeship credit under this Section. | ||||||
| 2 | Upon satisfactory review, the Department shall issue a tax | ||||||
| 3 | credit certificate to an employer incurring costs on behalf of | ||||||
| 4 | a qualifying apprentice stating the amount of the tax credit to | ||||||
| 5 | which the employer is entitled. If the employer is seeking a | ||||||
| 6 | tax credit for multiple qualifying apprentices, the Department | ||||||
| 7 | may issue a single tax credit certificate that encompasses the | ||||||
| 8 | aggregate total of tax credits for qualifying apprentices for a | ||||||
| 9 | single employer. | ||||||
| 10 | (d) The Department, in addition to those powers granted | ||||||
| 11 | under the Civil Administrative Code of Illinois, is granted and | ||||||
| 12 | shall have all the powers necessary or convenient to carry out | ||||||
| 13 | and effectuate the purposes and provisions of this Section, | ||||||
| 14 | including, but not limited to, power and authority to: | ||||||
| 15 | (1) Adopt rules deemed necessary and appropriate for | ||||||
| 16 | the administration of this Section; establish forms for | ||||||
| 17 | applications, notifications, contracts, or any other | ||||||
| 18 | agreements; and accept applications at any time during the | ||||||
| 19 | year and require that all applications be submitted via the | ||||||
| 20 | Internet. The Department shall require that applications | ||||||
| 21 | be submitted in electronic form. | ||||||
| 22 | (2) Provide guidance and assistance to applicants | ||||||
| 23 | pursuant to the provisions of this Section and cooperate | ||||||
| 24 | with applicants to promote, foster, and support job | ||||||
| 25 | creation within the State. | ||||||
| 26 | (3) Enter into agreements and memoranda of | ||||||
| |||||||
| |||||||
| 1 | understanding for participation of and engage in | ||||||
| 2 | cooperation with agencies of the federal government, units | ||||||
| 3 | of local government, universities, research foundations or | ||||||
| 4 | institutions, regional economic development corporations, | ||||||
| 5 | or other organizations for the purposes of this Section. | ||||||
| 6 | (4) Gather information and conduct inquiries, in the | ||||||
| 7 | manner and by the methods it deems desirable, including, | ||||||
| 8 | without limitation, gathering information with respect to | ||||||
| 9 | applicants for the purpose of making any designations or | ||||||
| 10 | certifications necessary or desirable or to gather | ||||||
| 11 | information in furtherance of the purposes of this Act. | ||||||
| 12 | (5) Establish, negotiate, and effectuate any term, | ||||||
| 13 | agreement, or other document with any person necessary or | ||||||
| 14 | appropriate to accomplish the purposes of this Section, and | ||||||
| 15 | consent, subject to the provisions of any agreement with | ||||||
| 16 | another party, to the modification or restructuring of any | ||||||
| 17 | agreement to which the Department is a party. | ||||||
| 18 | (6) Provide for sufficient personnel to permit | ||||||
| 19 | administration, staffing, operation, and related support | ||||||
| 20 | required to adequately discharge its duties and | ||||||
| 21 | responsibilities described in this Section from funds made | ||||||
| 22 | available through charges to applicants or from funds as | ||||||
| 23 | may be appropriated by the General Assembly for the | ||||||
| 24 | administration of this Section. | ||||||
| 25 | (7) Require applicants, upon written request, to issue | ||||||
| 26 | any necessary authorization to the appropriate federal, | ||||||
| |||||||
| |||||||
| 1 | State, or local authority or any other person for the | ||||||
| 2 | release to the Department of information requested by the | ||||||
| 3 | Department, including, but not be limited to, financial | ||||||
| 4 | reports, returns, or records relating to the applicant or | ||||||
| 5 | to the amount of credit allowable under this Section. | ||||||
| 6 | (8) Require that an applicant shall, at all times, keep | ||||||
| 7 | proper books of record and account in accordance with | ||||||
| 8 | generally accepted accounting principles consistently | ||||||
| 9 | applied, with the books, records, or papers related to the | ||||||
| 10 | agreement in the custody or control of the applicant open | ||||||
| 11 | for reasonable Department inspection and audits, | ||||||
| 12 | including, without limitation, the making of copies of the | ||||||
| 13 | books, records, or papers. | ||||||
| 14 | (9) Take whatever actions are necessary or appropriate | ||||||
| 15 | to protect the State's interest in the event of bankruptcy, | ||||||
| 16 | default, foreclosure, or noncompliance with the terms and | ||||||
| 17 | conditions of financial assistance or participation | ||||||
| 18 | required under this Section or any agreement entered into | ||||||
| 19 | under this Section, including the power to sell, dispose | ||||||
| 20 | of, lease, or rent, upon terms and conditions determined by | ||||||
| 21 | the Department to be appropriate, real or personal property | ||||||
| 22 | that the Department may recover as a result of these | ||||||
| 23 | actions. | ||||||
| 24 | (e) The Department, in consultation with the Department of | ||||||
| 25 | Revenue, shall adopt rules to administer this Section. The | ||||||
| 26 | aggregate amount of the tax credits that may be claimed under | ||||||
| |||||||
| |||||||
| 1 | this Section for qualified education expenses incurred by an | ||||||
| 2 | employer on behalf of a qualifying apprentice shall be limited | ||||||
| 3 | to $5,000,000 per calendar year. If applications for a greater | ||||||
| 4 | amount are received, credits shall be allowed on a first-come | ||||||
| 5 | first-served basis, based on the date on which each properly | ||||||
| 6 | completed application for a certificate of eligibility is | ||||||
| 7 | received by the Department. If more than one certificate is | ||||||
| 8 | received on the same day, the credits will be awarded based on | ||||||
| 9 | the time of submission for that particular day. | ||||||
| 10 | (f) An employer may not sell or otherwise transfer a credit | ||||||
| 11 | awarded under this Section to another person or taxpayer. | ||||||
| 12 | (g) The employer shall provide the Department such | ||||||
| 13 | information as the Department may require, including but not | ||||||
| 14 | limited to: (i) the name, age, and taxpayer identification | ||||||
| 15 | number of each qualifying apprentice employed by the taxpayer | ||||||
| 16 | during the taxable year; (ii) the amount of qualified education | ||||||
| 17 | expenses incurred with respect to each qualifying apprentice; | ||||||
| 18 | and (iii) the name of the school at which the qualifying | ||||||
| 19 | apprentice is enrolled and the qualified education expenses are | ||||||
| 20 | incurred. | ||||||
| 21 | (h) On or before July 1 of each year, the Department shall | ||||||
| 22 | report to the Governor and the General Assembly on the tax | ||||||
| 23 | credit certificates awarded under this Section for the prior | ||||||
| 24 | calendar year. The report must include: | ||||||
| 25 | (1) the name of each employer awarded or allocated a | ||||||
| 26 | credit; | ||||||
| |||||||
| |||||||
| 1 | (2) the number of qualifying apprentices for whom the | ||||||
| 2 | employer has incurred qualified education expenses; | ||||||
| 3 | (3) the North American Industry Classification System | ||||||
| 4 | (NAICS) code applicable to each employer awarded or | ||||||
| 5 | allocated a credit; | ||||||
| 6 | (4) the amount of the credit awarded or allocated to | ||||||
| 7 | each employer; | ||||||
| 8 | (5) the total number of employers awarded or allocated | ||||||
| 9 | a credit; | ||||||
| 10 | (6) the total number of qualifying apprentices for whom | ||||||
| 11 | employers receiving credits under this Section incurred | ||||||
| 12 | qualified education expenses; and | ||||||
| 13 | (7) the average cost to the employer of all | ||||||
| 14 | apprenticeships receiving credits under this Section.
| ||||||
| 15 | (Source: P.A. 101-207, eff. 8-2-19; revised 9-5-19.)
| ||||||
| 16 | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
| ||||||
| 17 | Sec. 304. Business income of persons other than residents.
| ||||||
| 18 | (a) In general. The business income of a person other than | ||||||
| 19 | a
resident shall be allocated to this State if such person's | ||||||
| 20 | business
income is derived solely from this State. If a person | ||||||
| 21 | other than a
resident derives business income from this State | ||||||
| 22 | and one or more other
states, then, for tax years ending on or | ||||||
| 23 | before December 30, 1998, and
except as otherwise provided by | ||||||
| 24 | this Section, such
person's business income shall be | ||||||
| 25 | apportioned to this State by
multiplying the income by a | ||||||
| |||||||
| |||||||
| 1 | fraction, the numerator of which is the sum
of the property | ||||||
| 2 | factor (if any), the payroll factor (if any) and 200% of the
| ||||||
| 3 | sales factor (if any), and the denominator of which is 4 | ||||||
| 4 | reduced by the
number of factors other than the sales factor | ||||||
| 5 | which have a denominator
of zero and by an additional 2 if the | ||||||
| 6 | sales factor has a denominator of zero.
For tax years ending on | ||||||
| 7 | or after December 31, 1998, and except as otherwise
provided by | ||||||
| 8 | this Section, persons other than
residents who derive business | ||||||
| 9 | income from this State and one or more other
states shall | ||||||
| 10 | compute their apportionment factor by weighting their | ||||||
| 11 | property,
payroll, and sales factors as provided in
subsection | ||||||
| 12 | (h) of this Section.
| ||||||
| 13 | (1) Property factor.
| ||||||
| 14 | (A) The property factor is a fraction, the numerator of | ||||||
| 15 | which is the
average value of the person's real and | ||||||
| 16 | tangible personal property owned
or rented and used in the | ||||||
| 17 | trade or business in this State during the
taxable year and | ||||||
| 18 | the denominator of which is the average value of all
the | ||||||
| 19 | person's real and tangible personal property owned or | ||||||
| 20 | rented and
used in the trade or business during the taxable | ||||||
| 21 | year.
| ||||||
| 22 | (B) Property owned by the person is valued at its | ||||||
| 23 | original cost.
Property rented by the person is valued at 8 | ||||||
| 24 | times the net annual rental
rate. Net annual rental rate is | ||||||
| 25 | the annual rental rate paid by the
person less any annual | ||||||
| 26 | rental rate received by the person from
sub-rentals.
| ||||||
| |||||||
| |||||||
| 1 | (C) The average value of property shall be determined | ||||||
| 2 | by averaging
the values at the beginning and ending of the | ||||||
| 3 | taxable year but the
Director may require the averaging of | ||||||
| 4 | monthly values during the taxable
year if reasonably | ||||||
| 5 | required to reflect properly the average value of the
| ||||||
| 6 | person's property.
| ||||||
| 7 | (2) Payroll factor.
| ||||||
| 8 | (A) The payroll factor is a fraction, the numerator of | ||||||
| 9 | which is the
total amount paid in this State during the | ||||||
| 10 | taxable year by the person
for compensation, and the | ||||||
| 11 | denominator of which is the total compensation
paid | ||||||
| 12 | everywhere during the taxable year.
| ||||||
| 13 | (B) Compensation is paid in this State if:
| ||||||
| 14 | (i) The individual's service is performed entirely | ||||||
| 15 | within this
State;
| ||||||
| 16 | (ii) The individual's service is performed both | ||||||
| 17 | within and without
this State, but the service | ||||||
| 18 | performed without this State is incidental
to the | ||||||
| 19 | individual's service performed within this State; or
| ||||||
| 20 | (iii) For tax years ending prior to December 31, | ||||||
| 21 | 2020, some of the service is performed within this | ||||||
| 22 | State and either
the base of operations, or if there is | ||||||
| 23 | no base of operations, the place
from which the service | ||||||
| 24 | is directed or controlled is within this State,
or the | ||||||
| 25 | base of operations or the place from which the service | ||||||
| 26 | is
directed or controlled is not in any state in which | ||||||
| |||||||
| |||||||
| 1 | some part of the
service is performed, but the | ||||||
| 2 | individual's residence is in this State. For tax years | ||||||
| 3 | ending on or after December 31, 2020, compensation is | ||||||
| 4 | paid in this State if some of the individual's service | ||||||
| 5 | is performed within this State, the individual's | ||||||
| 6 | service performed within this State is nonincidental | ||||||
| 7 | to the individual's service performed without this | ||||||
| 8 | State, and the individual's service is performed | ||||||
| 9 | within this State for more than 30 working days during | ||||||
| 10 | the tax year. The amount of compensation paid in this | ||||||
| 11 | State shall include the portion of the individual's | ||||||
| 12 | total compensation for services performed on behalf of | ||||||
| 13 | his or her employer during the tax year which the | ||||||
| 14 | number of working days spent within this State during | ||||||
| 15 | the tax year bears to the total number of working days | ||||||
| 16 | spent both within and without this State during the tax | ||||||
| 17 | year. For purposes of this paragraph:
| ||||||
| 18 | (a) The term "working day" means all days | ||||||
| 19 | during the tax year in which the individual | ||||||
| 20 | performs duties on behalf of his or her employer. | ||||||
| 21 | All days in which the individual performs no duties | ||||||
| 22 | on behalf of his or her employer (e.g., weekends, | ||||||
| 23 | vacation days, sick days, and holidays) are not | ||||||
| 24 | working days. | ||||||
| 25 | (b) A working day is spent within this State | ||||||
| 26 | if: | ||||||
| |||||||
| |||||||
| 1 | (1) the individual performs service on | ||||||
| 2 | behalf of the employer and a greater amount of | ||||||
| 3 | time on that day is spent by the individual | ||||||
| 4 | performing duties on behalf of the employer | ||||||
| 5 | within this State, without regard to time spent | ||||||
| 6 | traveling, than is spent performing duties on | ||||||
| 7 | behalf of the employer without this State; or | ||||||
| 8 | (2) the only service the individual | ||||||
| 9 | performs on behalf of the employer on that day | ||||||
| 10 | is traveling to a destination within this | ||||||
| 11 | State, and the individual arrives on that day. | ||||||
| 12 | (c) Working days spent within this State do not | ||||||
| 13 | include any day in which the employee is performing | ||||||
| 14 | services in this State during a disaster period | ||||||
| 15 | solely in response to a request made to his or her | ||||||
| 16 | employer by the government of this State, by any | ||||||
| 17 | political subdivision of this State, or by a person | ||||||
| 18 | conducting business in this State to perform | ||||||
| 19 | disaster or emergency-related services in this | ||||||
| 20 | State. For purposes of this item (c): | ||||||
| 21 | "Declared State disaster or emergency" | ||||||
| 22 | means a disaster or emergency event (i) for | ||||||
| 23 | which a Governor's proclamation of a state of | ||||||
| 24 | emergency has been issued or (ii) for which a | ||||||
| 25 | Presidential declaration of a federal major | ||||||
| 26 | disaster or emergency has been issued. | ||||||
| |||||||
| |||||||
| 1 | "Disaster period" means a period that | ||||||
| 2 | begins 10 days prior to the date of the | ||||||
| 3 | Governor's proclamation or the President's | ||||||
| 4 | declaration (whichever is earlier) and extends | ||||||
| 5 | for a period of 60 calendar days after the end | ||||||
| 6 | of the declared disaster or emergency period. | ||||||
| 7 | "Disaster or emergency-related services" | ||||||
| 8 | means repairing, renovating, installing, | ||||||
| 9 | building, or rendering services or conducting | ||||||
| 10 | other business activities that relate to | ||||||
| 11 | infrastructure that has been damaged, | ||||||
| 12 | impaired, or destroyed by the declared State | ||||||
| 13 | disaster or emergency. | ||||||
| 14 | "Infrastructure" means property and | ||||||
| 15 | equipment owned or used by a public utility, | ||||||
| 16 | communications network, broadband and internet | ||||||
| 17 | service provider, cable and video service | ||||||
| 18 | provider, electric or gas distribution system, | ||||||
| 19 | or water pipeline that provides service to more | ||||||
| 20 | than one customer or person, including related | ||||||
| 21 | support facilities. "Infrastructure" includes, | ||||||
| 22 | but is not limited to, real and personal | ||||||
| 23 | property such as buildings, offices, power | ||||||
| 24 | lines, cable lines, poles, communications | ||||||
| 25 | lines, pipes, structures, and equipment. | ||||||
| 26 | (iv) Compensation paid to nonresident professional | ||||||
| |||||||
| |||||||
| 1 | athletes. | ||||||
| 2 | (a) General. The Illinois source income of a | ||||||
| 3 | nonresident individual who is a member of a | ||||||
| 4 | professional athletic team includes the portion of the | ||||||
| 5 | individual's total compensation for services performed | ||||||
| 6 | as a member of a professional athletic team during the | ||||||
| 7 | taxable year which the number of duty days spent within | ||||||
| 8 | this State performing services for the team in any | ||||||
| 9 | manner during the taxable year bears to the total | ||||||
| 10 | number of duty days spent both within and without this | ||||||
| 11 | State during the taxable year. | ||||||
| 12 | (b) Travel days. Travel days that do not involve | ||||||
| 13 | either a game, practice, team meeting, or other similar | ||||||
| 14 | team event are not considered duty days spent in this | ||||||
| 15 | State. However, such travel days are considered in the | ||||||
| 16 | total duty days spent both within and without this | ||||||
| 17 | State. | ||||||
| 18 | (c) Definitions. For purposes of this subpart | ||||||
| 19 | (iv): | ||||||
| 20 | (1) The term "professional athletic team" | ||||||
| 21 | includes, but is not limited to, any professional | ||||||
| 22 | baseball, basketball, football, soccer, or hockey | ||||||
| 23 | team. | ||||||
| 24 | (2) The term "member of a professional | ||||||
| 25 | athletic team" includes those employees who are | ||||||
| 26 | active players, players on the disabled list, and | ||||||
| |||||||
| |||||||
| 1 | any other persons required to travel and who travel | ||||||
| 2 | with and perform services on behalf of a | ||||||
| 3 | professional athletic team on a regular basis. | ||||||
| 4 | This includes, but is not limited to, coaches, | ||||||
| 5 | managers, and trainers. | ||||||
| 6 | (3) Except as provided in items (C) and (D) of | ||||||
| 7 | this subpart (3), the term "duty days" means all | ||||||
| 8 | days during the taxable year from the beginning of | ||||||
| 9 | the professional athletic team's official | ||||||
| 10 | pre-season training period through the last game | ||||||
| 11 | in which the team competes or is scheduled to | ||||||
| 12 | compete. Duty days shall be counted for the year in | ||||||
| 13 | which they occur, including where a team's | ||||||
| 14 | official pre-season training period through the | ||||||
| 15 | last game in which the team competes or is | ||||||
| 16 | scheduled to compete, occurs during more than one | ||||||
| 17 | tax year. | ||||||
| 18 | (A) Duty days shall also include days on | ||||||
| 19 | which a member of a professional athletic team | ||||||
| 20 | performs service for a team on a date that does | ||||||
| 21 | not fall within the foregoing period (e.g., | ||||||
| 22 | participation in instructional leagues, the | ||||||
| 23 | "All Star Game", or promotional "caravans"). | ||||||
| 24 | Performing a service for a professional | ||||||
| 25 | athletic team includes conducting training and | ||||||
| 26 | rehabilitation activities, when such | ||||||
| |||||||
| |||||||
| 1 | activities are conducted at team facilities. | ||||||
| 2 | (B) Also included in duty days are game | ||||||
| 3 | days, practice days, days spent at team | ||||||
| 4 | meetings, promotional caravans, preseason | ||||||
| 5 | training camps, and days served with the team | ||||||
| 6 | through all post-season games in which the team | ||||||
| 7 | competes or is scheduled to compete. | ||||||
| 8 | (C) Duty days for any person who joins a | ||||||
| 9 | team during the period from the beginning of | ||||||
| 10 | the professional athletic team's official | ||||||
| 11 | pre-season training period through the last | ||||||
| 12 | game in which the team competes, or is | ||||||
| 13 | scheduled to compete, shall begin on the day | ||||||
| 14 | that person joins the team. Conversely, duty | ||||||
| 15 | days for any person who leaves a team during | ||||||
| 16 | this period shall end on the day that person | ||||||
| 17 | leaves the team. Where a person switches teams | ||||||
| 18 | during a taxable year, a separate duty-day | ||||||
| 19 | calculation shall be made for the period the | ||||||
| 20 | person was with each team. | ||||||
| 21 | (D) Days for which a member of a | ||||||
| 22 | professional athletic team is not compensated | ||||||
| 23 | and is not performing services for the team in | ||||||
| 24 | any manner, including days when such member of | ||||||
| 25 | a professional athletic team has been | ||||||
| 26 | suspended without pay and prohibited from | ||||||
| |||||||
| |||||||
| 1 | performing any services for the team, shall not | ||||||
| 2 | be treated as duty days. | ||||||
| 3 | (E) Days for which a member of a | ||||||
| 4 | professional athletic team is on the disabled | ||||||
| 5 | list and does not conduct rehabilitation | ||||||
| 6 | activities at facilities of the team, and is | ||||||
| 7 | not otherwise performing services for the team | ||||||
| 8 | in Illinois, shall not be considered duty days | ||||||
| 9 | spent in this State. All days on the disabled | ||||||
| 10 | list, however, are considered to be included in | ||||||
| 11 | total duty days spent both within and without | ||||||
| 12 | this State. | ||||||
| 13 | (4) The term "total compensation for services | ||||||
| 14 | performed as a member of a professional athletic | ||||||
| 15 | team" means the total compensation received during | ||||||
| 16 | the taxable year for services performed: | ||||||
| 17 | (A) from the beginning of the official | ||||||
| 18 | pre-season training period through the last | ||||||
| 19 | game in which the team competes or is scheduled | ||||||
| 20 | to compete during that taxable year; and | ||||||
| 21 | (B) during the taxable year on a date which | ||||||
| 22 | does not fall within the foregoing period | ||||||
| 23 | (e.g., participation in instructional leagues, | ||||||
| 24 | the "All Star Game", or promotional caravans). | ||||||
| 25 | This compensation shall include, but is not | ||||||
| 26 | limited to, salaries, wages, bonuses as described | ||||||
| |||||||
| |||||||
| 1 | in this subpart, and any other type of compensation | ||||||
| 2 | paid during the taxable year to a member of a | ||||||
| 3 | professional athletic team for services performed | ||||||
| 4 | in that year. This compensation does not include | ||||||
| 5 | strike benefits, severance pay, termination pay, | ||||||
| 6 | contract or option year buy-out payments, | ||||||
| 7 | expansion or relocation payments, or any other | ||||||
| 8 | payments not related to services performed for the | ||||||
| 9 | team. | ||||||
| 10 | For purposes of this subparagraph, "bonuses" | ||||||
| 11 | included in "total compensation for services | ||||||
| 12 | performed as a member of a professional athletic | ||||||
| 13 | team" subject to the allocation described in | ||||||
| 14 | Section 302(c)(1) are: bonuses earned as a result | ||||||
| 15 | of play (i.e., performance bonuses) during the | ||||||
| 16 | season, including bonuses paid for championship, | ||||||
| 17 | playoff or "bowl" games played by a team, or for | ||||||
| 18 | selection to all-star league or other honorary | ||||||
| 19 | positions; and bonuses paid for signing a | ||||||
| 20 | contract, unless the payment of the signing bonus | ||||||
| 21 | is not conditional upon the signee playing any | ||||||
| 22 | games for the team or performing any subsequent | ||||||
| 23 | services for the team or even making the team, the | ||||||
| 24 | signing bonus is payable separately from the | ||||||
| 25 | salary and any other compensation, and the signing | ||||||
| 26 | bonus is nonrefundable.
| ||||||
| |||||||
| |||||||
| 1 | (3) Sales factor.
| ||||||
| 2 | (A) The sales factor is a fraction, the numerator of | ||||||
| 3 | which is the
total sales of the person in this State during | ||||||
| 4 | the taxable year, and the
denominator of which is the total | ||||||
| 5 | sales of the person everywhere during
the taxable year.
| ||||||
| 6 | (B) Sales of tangible personal property are in this | ||||||
| 7 | State if:
| ||||||
| 8 | (i) The property is delivered or shipped to a | ||||||
| 9 | purchaser, other than
the United States government, | ||||||
| 10 | within this State regardless of the f. o.
b. point or | ||||||
| 11 | other conditions of the sale; or
| ||||||
| 12 | (ii) The property is shipped from an office, store, | ||||||
| 13 | warehouse,
factory or other place of storage in this | ||||||
| 14 | State and either the purchaser
is the United States | ||||||
| 15 | government or the person is not taxable in the
state of | ||||||
| 16 | the purchaser; provided, however, that premises owned | ||||||
| 17 | or leased
by a person who has independently contracted | ||||||
| 18 | with the seller for the printing
of newspapers, | ||||||
| 19 | periodicals or books shall not be deemed to be an | ||||||
| 20 | office,
store, warehouse, factory or other place of | ||||||
| 21 | storage for purposes of this
Section.
Sales of tangible | ||||||
| 22 | personal property are not in this State if the
seller | ||||||
| 23 | and purchaser would be members of the same unitary | ||||||
| 24 | business group
but for the fact that either the seller | ||||||
| 25 | or purchaser is a person with 80%
or more of total | ||||||
| 26 | business activity outside of the United States and the
| ||||||
| |||||||
| |||||||
| 1 | property is purchased for resale.
| ||||||
| 2 | (B-1) Patents, copyrights, trademarks, and similar | ||||||
| 3 | items of intangible
personal property.
| ||||||
| 4 | (i) Gross receipts from the licensing, sale, or | ||||||
| 5 | other disposition of a
patent, copyright, trademark, | ||||||
| 6 | or similar item of intangible personal property, other | ||||||
| 7 | than gross receipts governed by paragraph (B-7) of this | ||||||
| 8 | item (3),
are in this State to the extent the item is | ||||||
| 9 | utilized in this State during the
year the gross | ||||||
| 10 | receipts are included in gross income.
| ||||||
| 11 | (ii) Place of utilization.
| ||||||
| 12 | (I) A patent is utilized in a state to the | ||||||
| 13 | extent that it is employed
in production, | ||||||
| 14 | fabrication, manufacturing, or other processing in | ||||||
| 15 | the state or
to the extent that a patented product | ||||||
| 16 | is produced in the state. If a patent is
utilized | ||||||
| 17 | in
more than one state, the extent to which it is | ||||||
| 18 | utilized in any one state shall
be a fraction equal | ||||||
| 19 | to the gross receipts of the licensee or purchaser | ||||||
| 20 | from
sales or leases of items produced, | ||||||
| 21 | fabricated, manufactured, or processed
within that | ||||||
| 22 | state using the patent and of patented items | ||||||
| 23 | produced within that
state, divided by the total of | ||||||
| 24 | such gross receipts for all states in which the
| ||||||
| 25 | patent is utilized.
| ||||||
| 26 | (II) A copyright is utilized in a state to the | ||||||
| |||||||
| |||||||
| 1 | extent that printing or
other publication | ||||||
| 2 | originates in the state. If a copyright is utilized | ||||||
| 3 | in more
than one state, the extent to which it is | ||||||
| 4 | utilized in any one state shall be a
fraction equal | ||||||
| 5 | to the gross receipts from sales or licenses of | ||||||
| 6 | materials
printed or published in that state | ||||||
| 7 | divided by the total of such gross receipts
for all | ||||||
| 8 | states in which the copyright is utilized.
| ||||||
| 9 | (III) Trademarks and other items of intangible | ||||||
| 10 | personal property
governed by this paragraph (B-1) | ||||||
| 11 | are utilized in the state in which the
commercial | ||||||
| 12 | domicile of the licensee or purchaser is located.
| ||||||
| 13 | (iii) If the state of utilization of an item of | ||||||
| 14 | property governed by
this paragraph (B-1) cannot be | ||||||
| 15 | determined from the taxpayer's books and
records or | ||||||
| 16 | from the books and records of any person related to the | ||||||
| 17 | taxpayer
within the meaning of Section 267(b) of the | ||||||
| 18 | Internal Revenue Code, 26 U.S.C.
267, the gross
| ||||||
| 19 | receipts attributable to that item shall be excluded | ||||||
| 20 | from both the numerator
and the denominator of the | ||||||
| 21 | sales factor.
| ||||||
| 22 | (B-2) Gross receipts from the license, sale, or other | ||||||
| 23 | disposition of
patents, copyrights, trademarks, and | ||||||
| 24 | similar items of intangible personal
property, other than | ||||||
| 25 | gross receipts governed by paragraph (B-7) of this item | ||||||
| 26 | (3), may be included in the numerator or denominator of the | ||||||
| |||||||
| |||||||
| 1 | sales factor
only if gross receipts from licenses, sales, | ||||||
| 2 | or other disposition of such items
comprise more than 50% | ||||||
| 3 | of the taxpayer's total gross receipts included in gross
| ||||||
| 4 | income during the tax year and during each of the 2 | ||||||
| 5 | immediately preceding tax
years; provided that, when a | ||||||
| 6 | taxpayer is a member of a unitary business group,
such | ||||||
| 7 | determination shall be made on the basis of the gross | ||||||
| 8 | receipts of the
entire unitary business group.
| ||||||
| 9 | (B-5) For taxable years ending on or after December 31, | ||||||
| 10 | 2008, except as provided in subsections (ii) through (vii), | ||||||
| 11 | receipts from the sale of telecommunications service or | ||||||
| 12 | mobile telecommunications service are in this State if the | ||||||
| 13 | customer's service address is in this State. | ||||||
| 14 | (i) For purposes of this subparagraph (B-5), the | ||||||
| 15 | following terms have the following meanings: | ||||||
| 16 | "Ancillary services" means services that are | ||||||
| 17 | associated with or incidental to the provision of | ||||||
| 18 | "telecommunications services", including, but not | ||||||
| 19 | limited to, "detailed telecommunications billing", | ||||||
| 20 | "directory assistance", "vertical service", and "voice | ||||||
| 21 | mail services". | ||||||
| 22 | "Air-to-Ground Radiotelephone service" means a | ||||||
| 23 | radio service, as that term is defined in 47 CFR 22.99, | ||||||
| 24 | in which common carriers are authorized to offer and | ||||||
| 25 | provide radio telecommunications service for hire to | ||||||
| 26 | subscribers in aircraft. | ||||||
| |||||||
| |||||||
| 1 | "Call-by-call Basis" means any method of charging | ||||||
| 2 | for telecommunications services where the price is | ||||||
| 3 | measured by individual calls. | ||||||
| 4 | "Communications Channel" means a physical or | ||||||
| 5 | virtual path of communications over which signals are | ||||||
| 6 | transmitted between or among customer channel | ||||||
| 7 | termination points. | ||||||
| 8 | "Conference bridging service" means an "ancillary | ||||||
| 9 | service" that links two or more participants of an | ||||||
| 10 | audio or video conference call and may include the | ||||||
| 11 | provision of a telephone number. "Conference bridging | ||||||
| 12 | service" does not include the "telecommunications | ||||||
| 13 | services" used to reach the conference bridge. | ||||||
| 14 | "Customer Channel Termination Point" means the | ||||||
| 15 | location where the customer either inputs or receives | ||||||
| 16 | the communications. | ||||||
| 17 | "Detailed telecommunications billing service" | ||||||
| 18 | means an "ancillary service" of separately stating | ||||||
| 19 | information pertaining to individual calls on a | ||||||
| 20 | customer's billing statement. | ||||||
| 21 | "Directory assistance" means an "ancillary | ||||||
| 22 | service" of providing telephone number information, | ||||||
| 23 | and/or address information. | ||||||
| 24 | "Home service provider" means the facilities based | ||||||
| 25 | carrier or reseller with which the customer contracts | ||||||
| 26 | for the provision of mobile telecommunications | ||||||
| |||||||
| |||||||
| 1 | services. | ||||||
| 2 | "Mobile telecommunications service" means | ||||||
| 3 | commercial mobile radio service, as defined in Section | ||||||
| 4 | 20.3 of Title 47 of the Code of Federal Regulations as | ||||||
| 5 | in effect on June 1, 1999. | ||||||
| 6 | "Place of primary use" means the street address | ||||||
| 7 | representative of where the customer's use of the | ||||||
| 8 | telecommunications service primarily occurs, which | ||||||
| 9 | must be the residential street address or the primary | ||||||
| 10 | business street address of the customer. In the case of | ||||||
| 11 | mobile telecommunications services, "place of primary | ||||||
| 12 | use" must be within the licensed service area of the | ||||||
| 13 | home service provider. | ||||||
| 14 | "Post-paid telecommunication service" means the | ||||||
| 15 | telecommunications service obtained by making a | ||||||
| 16 | payment on a call-by-call basis either through the use | ||||||
| 17 | of a credit card or payment mechanism such as a bank | ||||||
| 18 | card, travel card, credit card, or debit card, or by | ||||||
| 19 | charge made to a telephone number which is not | ||||||
| 20 | associated with the origination or termination of the | ||||||
| 21 | telecommunications service. A post-paid calling | ||||||
| 22 | service includes telecommunications service, except a | ||||||
| 23 | prepaid wireless calling service, that would be a | ||||||
| 24 | prepaid calling service except it is not exclusively a | ||||||
| 25 | telecommunication service. | ||||||
| 26 | "Prepaid telecommunication service" means the | ||||||
| |||||||
| |||||||
| 1 | right to access exclusively telecommunications | ||||||
| 2 | services, which must be paid for in advance and which | ||||||
| 3 | enables the origination of calls using an access number | ||||||
| 4 | or authorization code, whether manually or | ||||||
| 5 | electronically dialed, and that is sold in | ||||||
| 6 | predetermined units or dollars of which the number | ||||||
| 7 | declines with use in a known amount. | ||||||
| 8 | "Prepaid Mobile telecommunication service" means a | ||||||
| 9 | telecommunications service that provides the right to | ||||||
| 10 | utilize mobile wireless service as well as other | ||||||
| 11 | non-telecommunication services, including, but not | ||||||
| 12 | limited to, ancillary services, which must be paid for | ||||||
| 13 | in advance that is sold in predetermined units or | ||||||
| 14 | dollars of which the number declines with use in a | ||||||
| 15 | known amount. | ||||||
| 16 | "Private communication service" means a | ||||||
| 17 | telecommunication service that entitles the customer | ||||||
| 18 | to exclusive or priority use of a communications | ||||||
| 19 | channel or group of channels between or among | ||||||
| 20 | termination points, regardless of the manner in which | ||||||
| 21 | such channel or channels are connected, and includes | ||||||
| 22 | switching capacity, extension lines, stations, and any | ||||||
| 23 | other associated services that are provided in | ||||||
| 24 | connection with the use of such channel or channels. | ||||||
| 25 | "Service address" means: | ||||||
| 26 | (a) The location of the telecommunications | ||||||
| |||||||
| |||||||
| 1 | equipment to which a customer's call is charged and | ||||||
| 2 | from which the call originates or terminates, | ||||||
| 3 | regardless of where the call is billed or paid; | ||||||
| 4 | (b) If the location in line (a) is not known, | ||||||
| 5 | service address means the origination point of the | ||||||
| 6 | signal of the telecommunications services first | ||||||
| 7 | identified by either the seller's | ||||||
| 8 | telecommunications system or in information | ||||||
| 9 | received by the seller from its service provider | ||||||
| 10 | where the system used to transport such signals is | ||||||
| 11 | not that of the seller; and | ||||||
| 12 | (c) If the locations in line (a) and line (b) | ||||||
| 13 | are not known, the service address means the | ||||||
| 14 | location of the customer's place of primary use. | ||||||
| 15 | "Telecommunications service" means the electronic | ||||||
| 16 | transmission, conveyance, or routing of voice, data, | ||||||
| 17 | audio, video, or any other information or signals to a | ||||||
| 18 | point, or between or among points. The term | ||||||
| 19 | "telecommunications service" includes such | ||||||
| 20 | transmission, conveyance, or routing in which computer | ||||||
| 21 | processing applications are used to act on the form, | ||||||
| 22 | code or protocol of the content for purposes of | ||||||
| 23 | transmission, conveyance or routing without regard to | ||||||
| 24 | whether such service is referred to as voice over | ||||||
| 25 | Internet protocol services or is classified by the | ||||||
| 26 | Federal Communications Commission as enhanced or value | ||||||
| |||||||
| |||||||
| 1 | added. "Telecommunications service" does not include: | ||||||
| 2 | (a) Data processing and information services | ||||||
| 3 | that allow data to be generated, acquired, stored, | ||||||
| 4 | processed, or retrieved and delivered by an | ||||||
| 5 | electronic transmission to a purchaser when such | ||||||
| 6 | purchaser's primary purpose for the underlying | ||||||
| 7 | transaction is the processed data or information; | ||||||
| 8 | (b) Installation or maintenance of wiring or | ||||||
| 9 | equipment on a customer's premises; | ||||||
| 10 | (c) Tangible personal property; | ||||||
| 11 | (d) Advertising, including, but not limited | ||||||
| 12 | to, directory advertising; | ||||||
| 13 | (e) Billing and collection services provided | ||||||
| 14 | to third parties; | ||||||
| 15 | (f) Internet access service; | ||||||
| 16 | (g) Radio and television audio and video | ||||||
| 17 | programming services, regardless of the medium, | ||||||
| 18 | including the furnishing of transmission, | ||||||
| 19 | conveyance and routing of such services by the | ||||||
| 20 | programming service provider. Radio and television | ||||||
| 21 | audio and video programming services shall | ||||||
| 22 | include, but not be limited to, cable service as | ||||||
| 23 | defined in 47 USC 522(6) and audio and video | ||||||
| 24 | programming services delivered by commercial | ||||||
| 25 | mobile radio service providers, as defined in 47 | ||||||
| 26 | CFR 20.3; | ||||||
| |||||||
| |||||||
| 1 | (h) "Ancillary services"; or | ||||||
| 2 | (i) Digital products "delivered | ||||||
| 3 | electronically", including, but not limited to, | ||||||
| 4 | software, music, video, reading materials or ring | ||||||
| 5 | tones. | ||||||
| 6 | "Vertical service" means an "ancillary service" | ||||||
| 7 | that is offered in connection with one or more | ||||||
| 8 | "telecommunications services", which offers advanced | ||||||
| 9 | calling features that allow customers to identify | ||||||
| 10 | callers and to manage multiple calls and call | ||||||
| 11 | connections, including "conference bridging services". | ||||||
| 12 | "Voice mail service" means an "ancillary service" | ||||||
| 13 | that enables the customer to store, send or receive | ||||||
| 14 | recorded messages. "Voice mail service" does not | ||||||
| 15 | include any "vertical services" that the customer may | ||||||
| 16 | be required to have in order to utilize the "voice mail | ||||||
| 17 | service". | ||||||
| 18 | (ii) Receipts from the sale of telecommunications | ||||||
| 19 | service sold on an individual call-by-call basis are in | ||||||
| 20 | this State if either of the following applies: | ||||||
| 21 | (a) The call both originates and terminates in | ||||||
| 22 | this State. | ||||||
| 23 | (b) The call either originates or terminates | ||||||
| 24 | in this State and the service address is located in | ||||||
| 25 | this State. | ||||||
| 26 | (iii) Receipts from the sale of postpaid | ||||||
| |||||||
| |||||||
| 1 | telecommunications service at retail are in this State | ||||||
| 2 | if the origination point of the telecommunication | ||||||
| 3 | signal, as first identified by the service provider's | ||||||
| 4 | telecommunication system or as identified by | ||||||
| 5 | information received by the seller from its service | ||||||
| 6 | provider if the system used to transport | ||||||
| 7 | telecommunication signals is not the seller's, is | ||||||
| 8 | located in this State. | ||||||
| 9 | (iv) Receipts from the sale of prepaid | ||||||
| 10 | telecommunications service or prepaid mobile | ||||||
| 11 | telecommunications service at retail are in this State | ||||||
| 12 | if the purchaser obtains the prepaid card or similar | ||||||
| 13 | means of conveyance at a location in this State. | ||||||
| 14 | Receipts from recharging a prepaid telecommunications | ||||||
| 15 | service or mobile telecommunications service is in | ||||||
| 16 | this State if the purchaser's billing information | ||||||
| 17 | indicates a location in this State. | ||||||
| 18 | (v) Receipts from the sale of private | ||||||
| 19 | communication services are in this State as follows: | ||||||
| 20 | (a) 100% of receipts from charges imposed at | ||||||
| 21 | each channel termination point in this State. | ||||||
| 22 | (b) 100% of receipts from charges for the total | ||||||
| 23 | channel mileage between each channel termination | ||||||
| 24 | point in this State. | ||||||
| 25 | (c) 50% of the total receipts from charges for | ||||||
| 26 | service segments when those segments are between 2 | ||||||
| |||||||
| |||||||
| 1 | customer channel termination points, 1 of which is | ||||||
| 2 | located in this State and the other is located | ||||||
| 3 | outside of this State, which segments are | ||||||
| 4 | separately charged. | ||||||
| 5 | (d) The receipts from charges for service | ||||||
| 6 | segments with a channel termination point located | ||||||
| 7 | in this State and in two or more other states, and | ||||||
| 8 | which segments are not separately billed, are in | ||||||
| 9 | this State based on a percentage determined by | ||||||
| 10 | dividing the number of customer channel | ||||||
| 11 | termination points in this State by the total | ||||||
| 12 | number of customer channel termination points. | ||||||
| 13 | (vi) Receipts from charges for ancillary services | ||||||
| 14 | for telecommunications service sold to customers at | ||||||
| 15 | retail are in this State if the customer's primary | ||||||
| 16 | place of use of telecommunications services associated | ||||||
| 17 | with those ancillary services is in this State. If the | ||||||
| 18 | seller of those ancillary services cannot determine | ||||||
| 19 | where the associated telecommunications are located, | ||||||
| 20 | then the ancillary services shall be based on the | ||||||
| 21 | location of the purchaser. | ||||||
| 22 | (vii) Receipts to access a carrier's network or | ||||||
| 23 | from the sale of telecommunication services or | ||||||
| 24 | ancillary services for resale are in this State as | ||||||
| 25 | follows: | ||||||
| 26 | (a) 100% of the receipts from access fees | ||||||
| |||||||
| |||||||
| 1 | attributable to intrastate telecommunications | ||||||
| 2 | service that both originates and terminates in | ||||||
| 3 | this State. | ||||||
| 4 | (b) 50% of the receipts from access fees | ||||||
| 5 | attributable to interstate telecommunications | ||||||
| 6 | service if the interstate call either originates | ||||||
| 7 | or terminates in this State. | ||||||
| 8 | (c) 100% of the receipts from interstate end | ||||||
| 9 | user access line charges, if the customer's | ||||||
| 10 | service address is in this State. As used in this | ||||||
| 11 | subdivision, "interstate end user access line | ||||||
| 12 | charges" includes, but is not limited to, the | ||||||
| 13 | surcharge approved by the federal communications | ||||||
| 14 | commission and levied pursuant to 47 CFR 69. | ||||||
| 15 | (d) Gross receipts from sales of | ||||||
| 16 | telecommunication services or from ancillary | ||||||
| 17 | services for telecommunications services sold to | ||||||
| 18 | other telecommunication service providers for | ||||||
| 19 | resale shall be sourced to this State using the | ||||||
| 20 | apportionment concepts used for non-resale | ||||||
| 21 | receipts of telecommunications services if the | ||||||
| 22 | information is readily available to make that | ||||||
| 23 | determination. If the information is not readily | ||||||
| 24 | available, then the taxpayer may use any other | ||||||
| 25 | reasonable and consistent method. | ||||||
| 26 | (B-7) For taxable years ending on or after December 31, | ||||||
| |||||||
| |||||||
| 1 | 2008, receipts from the sale of broadcasting services are | ||||||
| 2 | in this State if the broadcasting services are received in | ||||||
| 3 | this State. For purposes of this paragraph (B-7), the | ||||||
| 4 | following terms have the following meanings: | ||||||
| 5 | "Advertising revenue" means consideration received | ||||||
| 6 | by the taxpayer in exchange for broadcasting services | ||||||
| 7 | or allowing the broadcasting of commercials or | ||||||
| 8 | announcements in connection with the broadcasting of | ||||||
| 9 | film or radio programming, from sponsorships of the | ||||||
| 10 | programming, or from product placements in the | ||||||
| 11 | programming. | ||||||
| 12 | "Audience factor" means the ratio that the | ||||||
| 13 | audience or subscribers located in this State of a | ||||||
| 14 | station, a network, or a cable system bears to the | ||||||
| 15 | total audience or total subscribers for that station, | ||||||
| 16 | network, or cable system. The audience factor for film | ||||||
| 17 | or radio programming shall be determined by reference | ||||||
| 18 | to the books and records of the taxpayer or by | ||||||
| 19 | reference to published rating statistics provided the | ||||||
| 20 | method used by the taxpayer is consistently used from | ||||||
| 21 | year to year for this purpose and fairly represents the | ||||||
| 22 | taxpayer's activity in this State. | ||||||
| 23 | "Broadcast" or "broadcasting" or "broadcasting | ||||||
| 24 | services" means the transmission or provision of film | ||||||
| 25 | or radio programming, whether through the public | ||||||
| 26 | airwaves, by cable, by direct or indirect satellite | ||||||
| |||||||
| |||||||
| 1 | transmission, or by any other means of communication, | ||||||
| 2 | either through a station, a network, or a cable system. | ||||||
| 3 | "Film" or "film programming" means the broadcast | ||||||
| 4 | on television of any and all performances, events, or | ||||||
| 5 | productions, including, but not limited to, news, | ||||||
| 6 | sporting events, plays, stories, or other literary, | ||||||
| 7 | commercial, educational, or artistic works, either | ||||||
| 8 | live or through the use of video tape, disc, or any | ||||||
| 9 | other type of format or medium. Each episode of a | ||||||
| 10 | series of films produced for television shall | ||||||
| 11 | constitute separate "film" notwithstanding that the | ||||||
| 12 | series relates to the same principal subject and is | ||||||
| 13 | produced during one or more tax periods. | ||||||
| 14 | "Radio" or "radio programming" means the broadcast | ||||||
| 15 | on radio of any and all performances, events, or | ||||||
| 16 | productions, including, but not limited to, news, | ||||||
| 17 | sporting events, plays, stories, or other literary, | ||||||
| 18 | commercial, educational, or artistic works, either | ||||||
| 19 | live or through the use of an audio tape, disc, or any | ||||||
| 20 | other format or medium. Each episode in a series of | ||||||
| 21 | radio programming produced for radio broadcast shall | ||||||
| 22 | constitute a separate "radio programming" | ||||||
| 23 | notwithstanding that the series relates to the same | ||||||
| 24 | principal subject and is produced during one or more | ||||||
| 25 | tax periods. | ||||||
| 26 | (i) In the case of advertising revenue from | ||||||
| |||||||
| |||||||
| 1 | broadcasting, the customer is the advertiser and | ||||||
| 2 | the service is received in this State if the | ||||||
| 3 | commercial domicile of the advertiser is in this | ||||||
| 4 | State. | ||||||
| 5 | (ii) In the case where film or radio | ||||||
| 6 | programming is broadcast by a station, a network, | ||||||
| 7 | or a cable system for a fee or other remuneration | ||||||
| 8 | received from the recipient of the broadcast, the | ||||||
| 9 | portion of the service that is received in this | ||||||
| 10 | State is measured by the portion of the recipients | ||||||
| 11 | of the broadcast located in this State. | ||||||
| 12 | Accordingly, the fee or other remuneration for | ||||||
| 13 | such service that is included in the Illinois | ||||||
| 14 | numerator of the sales factor is the total of those | ||||||
| 15 | fees or other remuneration received from | ||||||
| 16 | recipients in Illinois. For purposes of this | ||||||
| 17 | paragraph, a taxpayer may determine the location | ||||||
| 18 | of the recipients of its broadcast using the | ||||||
| 19 | address of the recipient shown in its contracts | ||||||
| 20 | with the recipient or using the billing address of | ||||||
| 21 | the recipient in the taxpayer's records. | ||||||
| 22 | (iii) In the case where film or radio | ||||||
| 23 | programming is broadcast by a station, a network, | ||||||
| 24 | or a cable system for a fee or other remuneration | ||||||
| 25 | from the person providing the programming, the | ||||||
| 26 | portion of the broadcast service that is received | ||||||
| |||||||
| |||||||
| 1 | by such station, network, or cable system in this | ||||||
| 2 | State is measured by the portion of recipients of | ||||||
| 3 | the broadcast located in this State. Accordingly, | ||||||
| 4 | the amount of revenue related to such an | ||||||
| 5 | arrangement that is included in the Illinois | ||||||
| 6 | numerator of the sales factor is the total fee or | ||||||
| 7 | other total remuneration from the person providing | ||||||
| 8 | the programming related to that broadcast | ||||||
| 9 | multiplied by the Illinois audience factor for | ||||||
| 10 | that broadcast. | ||||||
| 11 | (iv) In the case where film or radio | ||||||
| 12 | programming is provided by a taxpayer that is a | ||||||
| 13 | network or station to a customer for broadcast in | ||||||
| 14 | exchange for a fee or other remuneration from that | ||||||
| 15 | customer the broadcasting service is received at | ||||||
| 16 | the location of the office of the customer from | ||||||
| 17 | which the services were ordered in the regular | ||||||
| 18 | course of the customer's trade or business. | ||||||
| 19 | Accordingly, in such a case the revenue derived by | ||||||
| 20 | the taxpayer that is included in the taxpayer's | ||||||
| 21 | Illinois numerator of the sales factor is the | ||||||
| 22 | revenue from such customers who receive the | ||||||
| 23 | broadcasting service in Illinois. | ||||||
| 24 | (v) In the case where film or radio programming | ||||||
| 25 | is provided by a taxpayer that is not a network or | ||||||
| 26 | station to another person for broadcasting in | ||||||
| |||||||
| |||||||
| 1 | exchange for a fee or other remuneration from that | ||||||
| 2 | person, the broadcasting service is received at | ||||||
| 3 | the location of the office of the customer from | ||||||
| 4 | which the services were ordered in the regular | ||||||
| 5 | course of the customer's trade or business. | ||||||
| 6 | Accordingly, in such a case the revenue derived by | ||||||
| 7 | the taxpayer that is included in the taxpayer's | ||||||
| 8 | Illinois numerator of the sales factor is the | ||||||
| 9 | revenue from such customers who receive the | ||||||
| 10 | broadcasting service in Illinois. | ||||||
| 11 | (B-8) Gross receipts from winnings under the Illinois | ||||||
| 12 | Lottery Law from the assignment of a prize under Section | ||||||
| 13 | 13.1 of the Illinois Lottery Law are received in this | ||||||
| 14 | State. This paragraph (B-8) applies only to taxable years | ||||||
| 15 | ending on or after December 31, 2013. | ||||||
| 16 | (B-9) For taxable years ending on or after December 31, | ||||||
| 17 | 2019, gross receipts from winnings from pari-mutuel | ||||||
| 18 | wagering conducted at a wagering facility licensed under | ||||||
| 19 | the Illinois Horse Racing Act of 1975 or from winnings from | ||||||
| 20 | gambling games conducted on a riverboat or in a casino or | ||||||
| 21 | organization gaming facility licensed under the Illinois | ||||||
| 22 | Gambling Act are in this State. | ||||||
| 23 | (C) For taxable years ending before December 31, 2008, | ||||||
| 24 | sales, other than sales governed by paragraphs (B), (B-1), | ||||||
| 25 | (B-2), and (B-8) are in
this State if:
| ||||||
| 26 | (i) The income-producing activity is performed in | ||||||
| |||||||
| |||||||
| 1 | this State; or
| ||||||
| 2 | (ii) The income-producing activity is performed | ||||||
| 3 | both within and
without this State and a greater | ||||||
| 4 | proportion of the income-producing
activity is | ||||||
| 5 | performed within this State than without this State, | ||||||
| 6 | based
on performance costs.
| ||||||
| 7 | (C-5) For taxable years ending on or after December 31, | ||||||
| 8 | 2008, sales, other than sales governed by paragraphs (B), | ||||||
| 9 | (B-1), (B-2), (B-5), and (B-7), are in this State if any of | ||||||
| 10 | the following criteria are met: | ||||||
| 11 | (i) Sales from the sale or lease of real property | ||||||
| 12 | are in this State if the property is located in this | ||||||
| 13 | State. | ||||||
| 14 | (ii) Sales from the lease or rental of tangible | ||||||
| 15 | personal property are in this State if the property is | ||||||
| 16 | located in this State during the rental period. Sales | ||||||
| 17 | from the lease or rental of tangible personal property | ||||||
| 18 | that is characteristically moving property, including, | ||||||
| 19 | but not limited to, motor vehicles, rolling stock, | ||||||
| 20 | aircraft, vessels, or mobile equipment are in this | ||||||
| 21 | State to the extent that the property is used in this | ||||||
| 22 | State. | ||||||
| 23 | (iii) In the case of interest, net gains (but not | ||||||
| 24 | less than zero) and other items of income from | ||||||
| 25 | intangible personal property, the sale is in this State | ||||||
| 26 | if: | ||||||
| |||||||
| |||||||
| 1 | (a) in the case of a taxpayer who is a dealer | ||||||
| 2 | in the item of intangible personal property within | ||||||
| 3 | the meaning of Section 475 of the Internal Revenue | ||||||
| 4 | Code, the income or gain is received from a | ||||||
| 5 | customer in this State. For purposes of this | ||||||
| 6 | subparagraph, a customer is in this State if the | ||||||
| 7 | customer is an individual, trust or estate who is a | ||||||
| 8 | resident of this State and, for all other | ||||||
| 9 | customers, if the customer's commercial domicile | ||||||
| 10 | is in this State. Unless the dealer has actual | ||||||
| 11 | knowledge of the residence or commercial domicile | ||||||
| 12 | of a customer during a taxable year, the customer | ||||||
| 13 | shall be deemed to be a customer in this State if | ||||||
| 14 | the billing address of the customer, as shown in | ||||||
| 15 | the records of the dealer, is in this State; or | ||||||
| 16 | (b) in all other cases, if the | ||||||
| 17 | income-producing activity of the taxpayer is | ||||||
| 18 | performed in this State or, if the | ||||||
| 19 | income-producing activity of the taxpayer is | ||||||
| 20 | performed both within and without this State, if a | ||||||
| 21 | greater proportion of the income-producing | ||||||
| 22 | activity of the taxpayer is performed within this | ||||||
| 23 | State than in any other state, based on performance | ||||||
| 24 | costs. | ||||||
| 25 | (iv) Sales of services are in this State if the | ||||||
| 26 | services are received in this State. For the purposes | ||||||
| |||||||
| |||||||
| 1 | of this section, gross receipts from the performance of | ||||||
| 2 | services provided to a corporation, partnership, or | ||||||
| 3 | trust may only be attributed to a state where that | ||||||
| 4 | corporation, partnership, or trust has a fixed place of | ||||||
| 5 | business. If the state where the services are received | ||||||
| 6 | is not readily determinable or is a state where the | ||||||
| 7 | corporation, partnership, or trust receiving the | ||||||
| 8 | service does not have a fixed place of business, the | ||||||
| 9 | services shall be deemed to be received at the location | ||||||
| 10 | of the office of the customer from which the services | ||||||
| 11 | were ordered in the regular course of the customer's | ||||||
| 12 | trade or business. If the ordering office cannot be | ||||||
| 13 | determined, the services shall be deemed to be received | ||||||
| 14 | at the office of the customer to which the services are | ||||||
| 15 | billed. If the taxpayer is not taxable in the state in | ||||||
| 16 | which the services are received, the sale must be | ||||||
| 17 | excluded from both the numerator and the denominator of | ||||||
| 18 | the sales factor. The Department shall adopt rules | ||||||
| 19 | prescribing where specific types of service are | ||||||
| 20 | received, including, but not limited to, publishing, | ||||||
| 21 | and utility service.
| ||||||
| 22 | (D) For taxable years ending on or after December 31, | ||||||
| 23 | 1995, the following
items of income shall not be included | ||||||
| 24 | in the numerator or denominator of the
sales factor: | ||||||
| 25 | dividends; amounts included under Section 78 of the | ||||||
| 26 | Internal
Revenue Code; and Subpart F income as defined in | ||||||
| |||||||
| |||||||
| 1 | Section 952 of the Internal
Revenue Code.
No inference | ||||||
| 2 | shall be drawn from the enactment of this paragraph (D) in
| ||||||
| 3 | construing this Section for taxable years ending before | ||||||
| 4 | December 31, 1995.
| ||||||
| 5 | (E) Paragraphs (B-1) and (B-2) shall apply to tax years | ||||||
| 6 | ending on or
after December 31, 1999, provided that a | ||||||
| 7 | taxpayer may elect to apply the
provisions of these | ||||||
| 8 | paragraphs to prior tax years. Such election shall be made
| ||||||
| 9 | in the form and manner prescribed by the Department, shall | ||||||
| 10 | be irrevocable, and
shall apply to all tax years; provided | ||||||
| 11 | that, if a taxpayer's Illinois income
tax liability for any | ||||||
| 12 | tax year, as assessed under Section 903 prior to January
1, | ||||||
| 13 | 1999, was computed in a manner contrary to the provisions | ||||||
| 14 | of paragraphs
(B-1) or (B-2), no refund shall be payable to | ||||||
| 15 | the taxpayer for that tax year to
the extent such refund is | ||||||
| 16 | the result of applying the provisions of paragraph
(B-1) or | ||||||
| 17 | (B-2) retroactively. In the case of a unitary business | ||||||
| 18 | group, such
election shall apply to all members of such | ||||||
| 19 | group for every tax year such group
is in existence, but | ||||||
| 20 | shall not apply to any taxpayer for any period during
which | ||||||
| 21 | that taxpayer is not a member of such group.
| ||||||
| 22 | (b) Insurance companies.
| ||||||
| 23 | (1) In general. Except as otherwise
provided by | ||||||
| 24 | paragraph (2), business income of an insurance company for | ||||||
| 25 | a
taxable year shall be apportioned to this State by | ||||||
| 26 | multiplying such
income by a fraction, the numerator of | ||||||
| |||||||
| |||||||
| 1 | which is the direct premiums
written for insurance upon | ||||||
| 2 | property or risk in this State, and the
denominator of | ||||||
| 3 | which is the direct premiums written for insurance upon
| ||||||
| 4 | property or risk everywhere. For purposes of this | ||||||
| 5 | subsection, the term
"direct premiums written" means the | ||||||
| 6 | total amount of direct premiums
written, assessments and | ||||||
| 7 | annuity considerations as reported for the
taxable year on | ||||||
| 8 | the annual statement filed by the company with the
Illinois | ||||||
| 9 | Director of Insurance in the form approved by the National
| ||||||
| 10 | Convention of Insurance Commissioners
or such other form as | ||||||
| 11 | may be
prescribed in lieu thereof.
| ||||||
| 12 | (2) Reinsurance. If the principal source of premiums | ||||||
| 13 | written by an
insurance company consists of premiums for | ||||||
| 14 | reinsurance accepted by it,
the business income of such | ||||||
| 15 | company shall be apportioned to this State
by multiplying | ||||||
| 16 | such income by a fraction, the numerator of which is the
| ||||||
| 17 | sum of (i) direct premiums written for insurance upon | ||||||
| 18 | property or risk
in this State, plus (ii) premiums written | ||||||
| 19 | for reinsurance accepted in
respect of property or risk in | ||||||
| 20 | this State, and the denominator of which
is the sum of | ||||||
| 21 | (iii) direct premiums written for insurance upon property
| ||||||
| 22 | or risk everywhere, plus (iv) premiums written for | ||||||
| 23 | reinsurance accepted
in respect of property or risk | ||||||
| 24 | everywhere. For purposes of this
paragraph, premiums | ||||||
| 25 | written for reinsurance accepted in respect of
property or | ||||||
| 26 | risk in this State, whether or not otherwise determinable,
| ||||||
| |||||||
| |||||||
| 1 | may, at the election of the company, be determined on the | ||||||
| 2 | basis of the
proportion which premiums written for | ||||||
| 3 | reinsurance accepted from
companies commercially domiciled | ||||||
| 4 | in Illinois bears to premiums written
for reinsurance | ||||||
| 5 | accepted from all sources, or, alternatively, in the
| ||||||
| 6 | proportion which the sum of the direct premiums written for | ||||||
| 7 | insurance
upon property or risk in this State by each | ||||||
| 8 | ceding company from which
reinsurance is accepted bears to | ||||||
| 9 | the sum of the total direct premiums
written by each such | ||||||
| 10 | ceding company for the taxable year. The election made by a | ||||||
| 11 | company under this paragraph for its first taxable year | ||||||
| 12 | ending on or after December 31, 2011, shall be binding for | ||||||
| 13 | that company for that taxable year and for all subsequent | ||||||
| 14 | taxable years, and may be altered only with the written | ||||||
| 15 | permission of the Department, which shall not be | ||||||
| 16 | unreasonably withheld.
| ||||||
| 17 | (c) Financial organizations.
| ||||||
| 18 | (1) In general. For taxable years ending before | ||||||
| 19 | December 31, 2008, business income of a financial
| ||||||
| 20 | organization shall be apportioned to this State by | ||||||
| 21 | multiplying such
income by a fraction, the numerator of | ||||||
| 22 | which is its business income from
sources within this | ||||||
| 23 | State, and the denominator of which is its business
income | ||||||
| 24 | from all sources. For the purposes of this subsection, the
| ||||||
| 25 | business income of a financial organization from sources | ||||||
| 26 | within this
State is the sum of the amounts referred to in | ||||||
| |||||||
| |||||||
| 1 | subparagraphs (A) through
(E) following, but excluding the | ||||||
| 2 | adjusted income of an international banking
facility as | ||||||
| 3 | determined in paragraph (2):
| ||||||
| 4 | (A) Fees, commissions or other compensation for | ||||||
| 5 | financial services
rendered within this State;
| ||||||
| 6 | (B) Gross profits from trading in stocks, bonds or | ||||||
| 7 | other securities
managed within this State;
| ||||||
| 8 | (C) Dividends, and interest from Illinois | ||||||
| 9 | customers, which are received
within this State;
| ||||||
| 10 | (D) Interest charged to customers at places of | ||||||
| 11 | business maintained
within this State for carrying | ||||||
| 12 | debit balances of margin accounts,
without deduction | ||||||
| 13 | of any costs incurred in carrying such accounts; and
| ||||||
| 14 | (E) Any other gross income resulting from the | ||||||
| 15 | operation as a
financial organization within this | ||||||
| 16 | State. | ||||||
| 17 | In computing the amounts
referred to in paragraphs (A) | ||||||
| 18 | through (E) of this subsection, any amount
received by a | ||||||
| 19 | member of an affiliated group (determined under Section
| ||||||
| 20 | 1504(a) of the Internal Revenue Code but without reference | ||||||
| 21 | to whether
any such corporation is an "includible | ||||||
| 22 | corporation" under Section
1504(b) of the Internal Revenue | ||||||
| 23 | Code) from another member of such group
shall be included | ||||||
| 24 | only to the extent such amount exceeds expenses of the
| ||||||
| 25 | recipient directly related thereto.
| ||||||
| 26 | (2) International Banking Facility. For taxable years | ||||||
| |||||||
| |||||||
| 1 | ending before December 31, 2008:
| ||||||
| 2 | (A) Adjusted Income. The adjusted income of an | ||||||
| 3 | international banking
facility is its income reduced | ||||||
| 4 | by the amount of the floor amount.
| ||||||
| 5 | (B) Floor Amount. The floor amount shall be the | ||||||
| 6 | amount, if any,
determined
by multiplying the income of | ||||||
| 7 | the international banking facility by a fraction,
not | ||||||
| 8 | greater than one, which is determined as follows:
| ||||||
| 9 | (i) The numerator shall be:
| ||||||
| 10 | The average aggregate, determined on a | ||||||
| 11 | quarterly basis, of the
financial
organization's | ||||||
| 12 | loans to banks in foreign countries, to foreign | ||||||
| 13 | domiciled
borrowers (except where secured | ||||||
| 14 | primarily by real estate) and to foreign
| ||||||
| 15 | governments and other foreign official | ||||||
| 16 | institutions, as reported for its
branches, | ||||||
| 17 | agencies and offices within the state on its | ||||||
| 18 | "Consolidated Report
of Condition", Schedule A, | ||||||
| 19 | Lines 2.c., 5.b., and 7.a., which was filed with
| ||||||
| 20 | the Federal Deposit Insurance Corporation and | ||||||
| 21 | other regulatory authorities,
for the year 1980, | ||||||
| 22 | minus
| ||||||
| 23 | The average aggregate, determined on a | ||||||
| 24 | quarterly basis, of such loans
(other
than loans of | ||||||
| 25 | an international banking facility), as reported by | ||||||
| 26 | the financial
institution for its branches, | ||||||
| |||||||
| |||||||
| 1 | agencies and offices within the state, on
the | ||||||
| 2 | corresponding Schedule and lines of the | ||||||
| 3 | Consolidated Report of Condition
for the current | ||||||
| 4 | taxable year, provided, however, that in no case | ||||||
| 5 | shall the
amount determined in this clause (the | ||||||
| 6 | subtrahend) exceed the amount determined
in the | ||||||
| 7 | preceding clause (the minuend); and
| ||||||
| 8 | (ii) the denominator shall be the average | ||||||
| 9 | aggregate, determined on a
quarterly basis, of the | ||||||
| 10 | international banking facility's loans to banks in
| ||||||
| 11 | foreign countries, to foreign domiciled borrowers | ||||||
| 12 | (except where secured
primarily by real estate) | ||||||
| 13 | and to foreign governments and other foreign
| ||||||
| 14 | official institutions, which were recorded in its | ||||||
| 15 | financial accounts for
the current taxable year.
| ||||||
| 16 | (C) Change to Consolidated Report of Condition and | ||||||
| 17 | in Qualification.
In the event the Consolidated Report | ||||||
| 18 | of Condition which is filed with the
Federal Deposit | ||||||
| 19 | Insurance Corporation and other regulatory authorities | ||||||
| 20 | is
altered so that the information required for | ||||||
| 21 | determining the floor amount
is not found on Schedule | ||||||
| 22 | A, lines 2.c., 5.b. and 7.a., the financial
institution | ||||||
| 23 | shall notify the Department and the Department may, by
| ||||||
| 24 | regulations or otherwise, prescribe or authorize the | ||||||
| 25 | use of an alternative
source for such information. The | ||||||
| 26 | financial institution shall also notify
the Department | ||||||
| |||||||
| |||||||
| 1 | should its international banking facility fail to | ||||||
| 2 | qualify as
such, in whole or in part, or should there | ||||||
| 3 | be any amendment or change to
the Consolidated Report | ||||||
| 4 | of Condition, as originally filed, to the extent
such | ||||||
| 5 | amendment or change alters the information used in | ||||||
| 6 | determining the floor
amount.
| ||||||
| 7 | (3) For taxable years ending on or after December 31, | ||||||
| 8 | 2008, the business income of a financial organization shall | ||||||
| 9 | be apportioned to this State by multiplying such income by | ||||||
| 10 | a fraction, the numerator of which is its gross receipts | ||||||
| 11 | from sources in this State or otherwise attributable to | ||||||
| 12 | this State's marketplace and the denominator of which is | ||||||
| 13 | its gross receipts everywhere during the taxable year. | ||||||
| 14 | "Gross receipts" for purposes of this subparagraph (3) | ||||||
| 15 | means gross income, including net taxable gain on | ||||||
| 16 | disposition of assets, including securities and money | ||||||
| 17 | market instruments, when derived from transactions and | ||||||
| 18 | activities in the regular course of the financial | ||||||
| 19 | organization's trade or business. The following examples | ||||||
| 20 | are illustrative:
| ||||||
| 21 | (i) Receipts from the lease or rental of real or | ||||||
| 22 | tangible personal property are in this State if the | ||||||
| 23 | property is located in this State during the rental | ||||||
| 24 | period. Receipts from the lease or rental of tangible | ||||||
| 25 | personal property that is characteristically moving | ||||||
| 26 | property, including, but not limited to, motor | ||||||
| |||||||
| |||||||
| 1 | vehicles, rolling stock, aircraft, vessels, or mobile | ||||||
| 2 | equipment are from sources in this State to the extent | ||||||
| 3 | that the property is used in this State. | ||||||
| 4 | (ii) Interest income, commissions, fees, gains on | ||||||
| 5 | disposition, and other receipts from assets in the | ||||||
| 6 | nature of loans that are secured primarily by real | ||||||
| 7 | estate or tangible personal property are from sources | ||||||
| 8 | in this State if the security is located in this State. | ||||||
| 9 | (iii) Interest income, commissions, fees, gains on | ||||||
| 10 | disposition, and other receipts from consumer loans | ||||||
| 11 | that are not secured by real or tangible personal | ||||||
| 12 | property are from sources in this State if the debtor | ||||||
| 13 | is a resident of this State. | ||||||
| 14 | (iv) Interest income, commissions, fees, gains on | ||||||
| 15 | disposition, and other receipts from commercial loans | ||||||
| 16 | and installment obligations that are not secured by | ||||||
| 17 | real or tangible personal property are from sources in | ||||||
| 18 | this State if the proceeds of the loan are to be | ||||||
| 19 | applied in this State. If it cannot be determined where | ||||||
| 20 | the funds are to be applied, the income and receipts | ||||||
| 21 | are from sources in this State if the office of the | ||||||
| 22 | borrower from which the loan was negotiated in the | ||||||
| 23 | regular course of business is located in this State. If | ||||||
| 24 | the location of this office cannot be determined, the | ||||||
| 25 | income and receipts shall be excluded from the | ||||||
| 26 | numerator and denominator of the sales factor.
| ||||||
| |||||||
| |||||||
| 1 | (v) Interest income, fees, gains on disposition, | ||||||
| 2 | service charges, merchant discount income, and other | ||||||
| 3 | receipts from credit card receivables are from sources | ||||||
| 4 | in this State if the card charges are regularly billed | ||||||
| 5 | to a customer in this State. | ||||||
| 6 | (vi) Receipts from the performance of services, | ||||||
| 7 | including, but not limited to, fiduciary, advisory, | ||||||
| 8 | and brokerage services, are in this State if the | ||||||
| 9 | services are received in this State within the meaning | ||||||
| 10 | of subparagraph (a)(3)(C-5)(iv) of this Section. | ||||||
| 11 | (vii) Receipts from the issuance of travelers | ||||||
| 12 | checks and money orders are from sources in this State | ||||||
| 13 | if the checks and money orders are issued from a | ||||||
| 14 | location within this State. | ||||||
| 15 | (viii) Receipts from investment assets and | ||||||
| 16 | activities and trading assets and activities are | ||||||
| 17 | included in the receipts factor as follows: | ||||||
| 18 | (1) Interest, dividends, net gains (but not | ||||||
| 19 | less than zero) and other income from investment | ||||||
| 20 | assets and activities from trading assets and | ||||||
| 21 | activities shall be included in the receipts | ||||||
| 22 | factor. Investment assets and activities and | ||||||
| 23 | trading assets and activities include, but are not | ||||||
| 24 | limited to: investment securities; trading account | ||||||
| 25 | assets; federal funds; securities purchased and | ||||||
| 26 | sold under agreements to resell or repurchase; | ||||||
| |||||||
| |||||||
| 1 | options; futures contracts; forward contracts; | ||||||
| 2 | notional principal contracts such as swaps; | ||||||
| 3 | equities; and foreign currency transactions. With | ||||||
| 4 | respect to the investment and trading assets and | ||||||
| 5 | activities described in subparagraphs (A) and (B) | ||||||
| 6 | of this paragraph, the receipts factor shall | ||||||
| 7 | include the amounts described in such | ||||||
| 8 | subparagraphs. | ||||||
| 9 | (A) The receipts factor shall include the | ||||||
| 10 | amount by which interest from federal funds | ||||||
| 11 | sold and securities purchased under resale | ||||||
| 12 | agreements exceeds interest expense on federal | ||||||
| 13 | funds purchased and securities sold under | ||||||
| 14 | repurchase agreements. | ||||||
| 15 | (B) The receipts factor shall include the | ||||||
| 16 | amount by which interest, dividends, gains and | ||||||
| 17 | other income from trading assets and | ||||||
| 18 | activities, including, but not limited to, | ||||||
| 19 | assets and activities in the matched book, in | ||||||
| 20 | the arbitrage book, and foreign currency | ||||||
| 21 | transactions, exceed amounts paid in lieu of | ||||||
| 22 | interest, amounts paid in lieu of dividends, | ||||||
| 23 | and losses from such assets and activities. | ||||||
| 24 | (2) The numerator of the receipts factor | ||||||
| 25 | includes interest, dividends, net gains (but not | ||||||
| 26 | less than zero), and other income from investment | ||||||
| |||||||
| |||||||
| 1 | assets and activities and from trading assets and | ||||||
| 2 | activities described in paragraph (1) of this | ||||||
| 3 | subsection that are attributable to this State. | ||||||
| 4 | (A) The amount of interest, dividends, net | ||||||
| 5 | gains (but not less than zero), and other | ||||||
| 6 | income from investment assets and activities | ||||||
| 7 | in the investment account to be attributed to | ||||||
| 8 | this State and included in the numerator is | ||||||
| 9 | determined by multiplying all such income from | ||||||
| 10 | such assets and activities by a fraction, the | ||||||
| 11 | numerator of which is the gross income from | ||||||
| 12 | such assets and activities which are properly | ||||||
| 13 | assigned to a fixed place of business of the | ||||||
| 14 | taxpayer within this State and the denominator | ||||||
| 15 | of which is the gross income from all such | ||||||
| 16 | assets and activities. | ||||||
| 17 | (B) The amount of interest from federal | ||||||
| 18 | funds sold and purchased and from securities | ||||||
| 19 | purchased under resale agreements and | ||||||
| 20 | securities sold under repurchase agreements | ||||||
| 21 | attributable to this State and included in the | ||||||
| 22 | numerator is determined by multiplying the | ||||||
| 23 | amount described in subparagraph (A) of | ||||||
| 24 | paragraph (1) of this subsection from such | ||||||
| 25 | funds and such securities by a fraction, the | ||||||
| 26 | numerator of which is the gross income from | ||||||
| |||||||
| |||||||
| 1 | such funds and such securities which are | ||||||
| 2 | properly assigned to a fixed place of business | ||||||
| 3 | of the taxpayer within this State and the | ||||||
| 4 | denominator of which is the gross income from | ||||||
| 5 | all such funds and such securities. | ||||||
| 6 | (C) The amount of interest, dividends, | ||||||
| 7 | gains, and other income from trading assets and | ||||||
| 8 | activities, including, but not limited to, | ||||||
| 9 | assets and activities in the matched book, in | ||||||
| 10 | the arbitrage book and foreign currency | ||||||
| 11 | transactions (but excluding amounts described | ||||||
| 12 | in subparagraphs (A) or (B) of this paragraph), | ||||||
| 13 | attributable to this State and included in the | ||||||
| 14 | numerator is determined by multiplying the | ||||||
| 15 | amount described in subparagraph (B) of | ||||||
| 16 | paragraph (1) of this subsection by a fraction, | ||||||
| 17 | the numerator of which is the gross income from | ||||||
| 18 | such trading assets and activities which are | ||||||
| 19 | properly assigned to a fixed place of business | ||||||
| 20 | of the taxpayer within this State and the | ||||||
| 21 | denominator of which is the gross income from | ||||||
| 22 | all such assets and activities. | ||||||
| 23 | (D) Properly assigned, for purposes of | ||||||
| 24 | this paragraph (2) of this subsection, means | ||||||
| 25 | the investment or trading asset or activity is | ||||||
| 26 | assigned to the fixed place of business with | ||||||
| |||||||
| |||||||
| 1 | which it has a preponderance of substantive | ||||||
| 2 | contacts. An investment or trading asset or | ||||||
| 3 | activity assigned by the taxpayer to a fixed | ||||||
| 4 | place of business without the State shall be | ||||||
| 5 | presumed to have been properly assigned if: | ||||||
| 6 | (i) the taxpayer has assigned, in the | ||||||
| 7 | regular course of its business, such asset | ||||||
| 8 | or activity on its records to a fixed place | ||||||
| 9 | of business consistent with federal or | ||||||
| 10 | state regulatory requirements; | ||||||
| 11 | (ii) such assignment on its records is | ||||||
| 12 | based upon substantive contacts of the | ||||||
| 13 | asset or activity to such fixed place of | ||||||
| 14 | business; and | ||||||
| 15 | (iii) the taxpayer uses such records | ||||||
| 16 | reflecting assignment of such assets or | ||||||
| 17 | activities for the filing of all state and | ||||||
| 18 | local tax returns for which an assignment | ||||||
| 19 | of such assets or activities to a fixed | ||||||
| 20 | place of business is required. | ||||||
| 21 | (E) The presumption of proper assignment | ||||||
| 22 | of an investment or trading asset or activity | ||||||
| 23 | provided in subparagraph (D) of paragraph (2) | ||||||
| 24 | of this subsection may be rebutted upon a | ||||||
| 25 | showing by the Department, supported by a | ||||||
| 26 | preponderance of the evidence, that the | ||||||
| |||||||
| |||||||
| 1 | preponderance of substantive contacts | ||||||
| 2 | regarding such asset or activity did not occur | ||||||
| 3 | at the fixed place of business to which it was | ||||||
| 4 | assigned on the taxpayer's records. If the | ||||||
| 5 | fixed place of business that has a | ||||||
| 6 | preponderance of substantive contacts cannot | ||||||
| 7 | be determined for an investment or trading | ||||||
| 8 | asset or activity to which the presumption in | ||||||
| 9 | subparagraph (D) of paragraph (2) of this | ||||||
| 10 | subsection does not apply or with respect to | ||||||
| 11 | which that presumption has been rebutted, that | ||||||
| 12 | asset or activity is properly assigned to the | ||||||
| 13 | state in which the taxpayer's commercial | ||||||
| 14 | domicile is located. For purposes of this | ||||||
| 15 | subparagraph (E), it shall be presumed, | ||||||
| 16 | subject to rebuttal, that taxpayer's | ||||||
| 17 | commercial domicile is in the state of the | ||||||
| 18 | United States or the District of Columbia to | ||||||
| 19 | which the greatest number of employees are | ||||||
| 20 | regularly connected with the management of the | ||||||
| 21 | investment or trading income or out of which | ||||||
| 22 | they are working, irrespective of where the | ||||||
| 23 | services of such employees are performed, as of | ||||||
| 24 | the last day of the taxable year.
| ||||||
| 25 | (4) (Blank). | ||||||
| 26 | (5) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (c-1) Federally regulated exchanges. For taxable years | ||||||
| 2 | ending on or after December 31, 2012, business income of a | ||||||
| 3 | federally regulated exchange shall, at the option of the | ||||||
| 4 | federally regulated exchange, be apportioned to this State by | ||||||
| 5 | multiplying such income by a fraction, the numerator of which | ||||||
| 6 | is its business income from sources within this State, and the | ||||||
| 7 | denominator of which is its business income from all sources. | ||||||
| 8 | For purposes of this subsection, the business income within | ||||||
| 9 | this State of a federally regulated exchange is the sum of the | ||||||
| 10 | following: | ||||||
| 11 | (1) Receipts attributable to transactions executed on | ||||||
| 12 | a physical trading floor if that physical trading floor is | ||||||
| 13 | located in this State. | ||||||
| 14 | (2) Receipts attributable to all other matching, | ||||||
| 15 | execution, or clearing transactions, including without | ||||||
| 16 | limitation receipts from the provision of matching, | ||||||
| 17 | execution, or clearing services to another entity, | ||||||
| 18 | multiplied by (i) for taxable years ending on or after | ||||||
| 19 | December 31, 2012 but before December 31, 2013, 63.77%; and | ||||||
| 20 | (ii) for taxable years ending on or after December 31, | ||||||
| 21 | 2013, 27.54%. | ||||||
| 22 | (3) All other receipts not governed by subparagraphs | ||||||
| 23 | (1) or (2) of this subsection (c-1), to the extent the | ||||||
| 24 | receipts would be characterized as "sales in this State" | ||||||
| 25 | under item (3) of subsection (a) of this Section. | ||||||
| 26 | "Federally regulated exchange" means (i) a "registered | ||||||
| |||||||
| |||||||
| 1 | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), | ||||||
| 2 | or (C), (ii) an "exchange" or "clearing agency" within the | ||||||
| 3 | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such | ||||||
| 4 | entities regulated under any successor regulatory structure to | ||||||
| 5 | the foregoing, and (iv) all taxpayers who are members of the | ||||||
| 6 | same unitary business group as a federally regulated exchange, | ||||||
| 7 | determined without regard to the prohibition in Section | ||||||
| 8 | 1501(a)(27) of this Act against including in a unitary business | ||||||
| 9 | group taxpayers who are ordinarily required to apportion | ||||||
| 10 | business income under different subsections of this Section; | ||||||
| 11 | provided that this subparagraph (iv) shall apply only if 50% or | ||||||
| 12 | more of the business receipts of the unitary business group | ||||||
| 13 | determined by application of this subparagraph (iv) for the | ||||||
| 14 | taxable year are attributable to the matching, execution, or | ||||||
| 15 | clearing of transactions conducted by an entity described in | ||||||
| 16 | subparagraph (i), (ii), or (iii) of this paragraph. | ||||||
| 17 | In no event shall the Illinois apportionment percentage | ||||||
| 18 | computed in accordance with this subsection (c-1) for any | ||||||
| 19 | taxpayer for any tax year be less than the Illinois | ||||||
| 20 | apportionment percentage computed under this subsection (c-1) | ||||||
| 21 | for that taxpayer for the first full tax year ending on or | ||||||
| 22 | after December 31, 2013 for which this subsection (c-1) applied | ||||||
| 23 | to the taxpayer. | ||||||
| 24 | (d) Transportation services. For taxable years ending | ||||||
| 25 | before December 31, 2008, business income derived from | ||||||
| 26 | furnishing
transportation services shall be apportioned to | ||||||
| |||||||
| |||||||
| 1 | this State in accordance
with paragraphs (1) and (2):
| ||||||
| 2 | (1) Such business income (other than that derived from
| ||||||
| 3 | transportation by pipeline) shall be apportioned to this | ||||||
| 4 | State by
multiplying such income by a fraction, the | ||||||
| 5 | numerator of which is the
revenue miles of the person in | ||||||
| 6 | this State, and the denominator of which
is the revenue | ||||||
| 7 | miles of the person everywhere. For purposes of this
| ||||||
| 8 | paragraph, a revenue mile is the transportation of 1 | ||||||
| 9 | passenger or 1 net
ton of freight the distance of 1 mile | ||||||
| 10 | for a consideration. Where a
person is engaged in the | ||||||
| 11 | transportation of both passengers and freight,
the | ||||||
| 12 | fraction above referred to shall be determined by means of | ||||||
| 13 | an
average of the passenger revenue mile fraction and the | ||||||
| 14 | freight revenue
mile fraction, weighted to reflect the | ||||||
| 15 | person's
| ||||||
| 16 | (A) relative railway operating income from total | ||||||
| 17 | passenger and total
freight service, as reported to the | ||||||
| 18 | Interstate Commerce Commission, in
the case of | ||||||
| 19 | transportation by railroad, and
| ||||||
| 20 | (B) relative gross receipts from passenger and | ||||||
| 21 | freight
transportation, in case of transportation | ||||||
| 22 | other than by railroad.
| ||||||
| 23 | (2) Such business income derived from transportation | ||||||
| 24 | by pipeline
shall be apportioned to this State by | ||||||
| 25 | multiplying such income by a
fraction, the numerator of | ||||||
| 26 | which is the revenue miles of the person in
this State, and | ||||||
| |||||||
| |||||||
| 1 | the denominator of which is the revenue miles of the
person | ||||||
| 2 | everywhere. For the purposes of this paragraph, a revenue | ||||||
| 3 | mile is
the transportation by pipeline of 1 barrel of oil, | ||||||
| 4 | 1,000 cubic feet of
gas, or of any specified quantity of | ||||||
| 5 | any other substance, the distance
of 1 mile for a | ||||||
| 6 | consideration.
| ||||||
| 7 | (3) For taxable years ending on or after December 31, | ||||||
| 8 | 2008, business income derived from providing | ||||||
| 9 | transportation services other than airline services shall | ||||||
| 10 | be apportioned to this State by using a fraction, (a) the | ||||||
| 11 | numerator of which shall be (i) all receipts from any | ||||||
| 12 | movement or shipment of people, goods, mail, oil, gas, or | ||||||
| 13 | any other substance (other than by airline) that both | ||||||
| 14 | originates and terminates in this State, plus (ii) that | ||||||
| 15 | portion of the person's gross receipts from movements or | ||||||
| 16 | shipments of people, goods, mail, oil, gas, or any other | ||||||
| 17 | substance (other than by airline) that originates in one | ||||||
| 18 | state or jurisdiction and terminates in another state or | ||||||
| 19 | jurisdiction, that is determined by the ratio that the | ||||||
| 20 | miles traveled in this State bears to total miles | ||||||
| 21 | everywhere and (b) the denominator of which shall be all | ||||||
| 22 | revenue derived from the movement or shipment of people, | ||||||
| 23 | goods, mail, oil, gas, or any other substance (other than | ||||||
| 24 | by airline). Where a taxpayer is engaged in the | ||||||
| 25 | transportation of both passengers and freight, the | ||||||
| 26 | fraction above referred to shall first be determined | ||||||
| |||||||
| |||||||
| 1 | separately for passenger miles and freight miles. Then an | ||||||
| 2 | average of the passenger miles fraction and the freight | ||||||
| 3 | miles fraction shall be weighted to reflect the taxpayer's: | ||||||
| 4 | (A) relative railway operating income from total | ||||||
| 5 | passenger and total freight service, as reported to the | ||||||
| 6 | Surface Transportation Board, in the case of | ||||||
| 7 | transportation by railroad; and | ||||||
| 8 | (B) relative gross receipts from passenger and | ||||||
| 9 | freight transportation, in case of transportation | ||||||
| 10 | other than by railroad.
| ||||||
| 11 | (4) For taxable years ending on or after December 31, | ||||||
| 12 | 2008, business income derived from furnishing airline
| ||||||
| 13 | transportation services shall be apportioned to this State | ||||||
| 14 | by
multiplying such income by a fraction, the numerator of | ||||||
| 15 | which is the
revenue miles of the person in this State, and | ||||||
| 16 | the denominator of which
is the revenue miles of the person | ||||||
| 17 | everywhere. For purposes of this
paragraph, a revenue mile | ||||||
| 18 | is the transportation of one passenger or one net
ton of | ||||||
| 19 | freight the distance of one mile for a consideration. If a
| ||||||
| 20 | person is engaged in the transportation of both passengers | ||||||
| 21 | and freight,
the fraction above referred to shall be | ||||||
| 22 | determined by means of an
average of the passenger revenue | ||||||
| 23 | mile fraction and the freight revenue
mile fraction, | ||||||
| 24 | weighted to reflect the person's relative gross receipts | ||||||
| 25 | from passenger and freight
airline transportation.
| ||||||
| 26 | (e) Combined apportionment. Where 2 or more persons are | ||||||
| |||||||
| |||||||
| 1 | engaged in
a unitary business as described in subsection | ||||||
| 2 | (a)(27) of
Section 1501,
a part of which is conducted in this | ||||||
| 3 | State by one or more members of the
group, the business income | ||||||
| 4 | attributable to this State by any such member
or members shall | ||||||
| 5 | be apportioned by means of the combined apportionment method.
| ||||||
| 6 | (f) Alternative allocation. If the allocation and | ||||||
| 7 | apportionment
provisions of subsections (a) through (e) and of | ||||||
| 8 | subsection (h) do not, for taxable years ending before December | ||||||
| 9 | 31, 2008, fairly represent the
extent of a person's business | ||||||
| 10 | activity in this State, or, for taxable years ending on or | ||||||
| 11 | after December 31, 2008, fairly represent the market for the | ||||||
| 12 | person's goods, services, or other sources of business income, | ||||||
| 13 | the person may
petition for, or the Director may, without a | ||||||
| 14 | petition, permit or require, in respect of all or any part
of | ||||||
| 15 | the person's business activity, if reasonable:
| ||||||
| 16 | (1) Separate accounting;
| ||||||
| 17 | (2) The exclusion of any one or more factors;
| ||||||
| 18 | (3) The inclusion of one or more additional factors | ||||||
| 19 | which will
fairly represent the person's business | ||||||
| 20 | activities or market in this State; or
| ||||||
| 21 | (4) The employment of any other method to effectuate an | ||||||
| 22 | equitable
allocation and apportionment of the person's | ||||||
| 23 | business income.
| ||||||
| 24 | (g) Cross reference. For allocation of business income by | ||||||
| 25 | residents,
see Section 301(a).
| ||||||
| 26 | (h) For tax years ending on or after December 31, 1998, the | ||||||
| |||||||
| |||||||
| 1 | apportionment
factor of persons who apportion their business | ||||||
| 2 | income to this State under
subsection (a) shall be equal to:
| ||||||
| 3 | (1) for tax years ending on or after December 31, 1998 | ||||||
| 4 | and before December
31, 1999, 16 2/3% of the property | ||||||
| 5 | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of | ||||||
| 6 | the sales factor;
| ||||||
| 7 | (2) for tax years ending on or after December 31, 1999 | ||||||
| 8 | and before December
31,
2000, 8 1/3% of the property factor | ||||||
| 9 | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales | ||||||
| 10 | factor;
| ||||||
| 11 | (3) for tax years ending on or after December 31, 2000, | ||||||
| 12 | the sales factor.
| ||||||
| 13 | If, in any tax year ending on or after December 31, 1998 and | ||||||
| 14 | before December
31, 2000, the denominator of the payroll, | ||||||
| 15 | property, or sales factor is zero,
the apportionment
factor | ||||||
| 16 | computed in paragraph (1) or (2) of this subsection for that | ||||||
| 17 | year shall
be divided by an amount equal to 100% minus the | ||||||
| 18 | percentage weight given to each
factor whose denominator is | ||||||
| 19 | equal to zero.
| ||||||
| 20 | (Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19; | ||||||
| 21 | 101-585, eff. 8-26-19; revised 9-12-19.)
| ||||||
| 22 | (35 ILCS 5/701) (from Ch. 120, par. 7-701) | ||||||
| 23 | Sec. 701. Requirement and amount of withholding.
| ||||||
| 24 | (a) In General. Every
employer maintaining an office or | ||||||
| 25 | transacting business within this State
and required under the | ||||||
| |||||||
| |||||||
| 1 | provisions of the Internal Revenue Code to
withhold a tax on:
| ||||||
| 2 | (1) compensation paid in this State (as determined | ||||||
| 3 | under Section
304(a)(2)(B)) to an individual; or
| ||||||
| 4 | (2) payments described in subsection (b) shall deduct | ||||||
| 5 | and withhold from
such compensation for each payroll period | ||||||
| 6 | (as defined in Section 3401 of
the Internal Revenue Code) | ||||||
| 7 | an amount equal to the amount by which such
individual's
| ||||||
| 8 | compensation exceeds the proportionate part of this | ||||||
| 9 | withholding exemption
(computed as provided in Section | ||||||
| 10 | 702) attributable to the payroll period
for which such | ||||||
| 11 | compensation is payable multiplied by a percentage equal
to | ||||||
| 12 | the percentage tax rate for individuals provided in | ||||||
| 13 | subsection (b) of
Section 201.
| ||||||
| 14 | (a-5) Withholding from nonresident employees. For taxable | ||||||
| 15 | years beginning on or after January 1, 2020, for purposes of | ||||||
| 16 | determining compensation paid in this State under paragraph (B) | ||||||
| 17 | of item (2) of subsection (a) of Section 304: | ||||||
| 18 | (1) If an employer maintains a time and attendance | ||||||
| 19 | system that tracks where employees perform services on a | ||||||
| 20 | daily basis, then data from the time and attendance system | ||||||
| 21 | shall be used. For purposes of this paragraph, time and | ||||||
| 22 | attendance system means a system: | ||||||
| 23 | (A) in which the employee is required, on a | ||||||
| 24 | contemporaneous basis, to record the work location for | ||||||
| 25 | every day worked outside of the State where the | ||||||
| 26 | employment duties are primarily performed; and | ||||||
| |||||||
| |||||||
| 1 | (B) that is designed to allow the employer to | ||||||
| 2 | allocate the employee's wages for income tax purposes | ||||||
| 3 | among all states in which the employee performs | ||||||
| 4 | services. | ||||||
| 5 | (2) In all other cases, the employer shall obtain a | ||||||
| 6 | written statement from the employee of the number of days | ||||||
| 7 | reasonably expected to be spent performing services in this | ||||||
| 8 | State during the taxable year. Absent the employer's actual | ||||||
| 9 | knowledge of fraud or gross negligence by the employee in | ||||||
| 10 | making the determination or collusion between the employer | ||||||
| 11 | and the employee to evade tax, the certification so made by | ||||||
| 12 | the employee and maintained in the employer's books and | ||||||
| 13 | records shall be prima facie evidence and constitute a | ||||||
| 14 | rebuttable presumption of the number of days spent | ||||||
| 15 | performing services in this State. | ||||||
| 16 | (b) Payment to Residents. Any payment (including | ||||||
| 17 | compensation, but not including a payment from which | ||||||
| 18 | withholding is required under Section 710 of this Act) to a
| ||||||
| 19 | resident
by a payor maintaining an office or transacting | ||||||
| 20 | business within this State
(including any agency, officer, or | ||||||
| 21 | employee of this State or of any political
subdivision of this | ||||||
| 22 | State) and on which withholding of tax is required under
the | ||||||
| 23 | provisions of the
Internal Revenue Code shall be deemed to be | ||||||
| 24 | compensation paid in this State
by an employer to an employee | ||||||
| 25 | for the purposes of Article 7 and Section
601(b)(1) to the | ||||||
| 26 | extent such payment is included in the recipient's base
income | ||||||
| |||||||
| |||||||
| 1 | and not subjected to withholding by another state.
| ||||||
| 2 | Notwithstanding any other provision to the contrary, no amount | ||||||
| 3 | shall be
withheld from unemployment insurance benefit payments | ||||||
| 4 | made to an individual
pursuant to the Unemployment Insurance | ||||||
| 5 | Act unless the individual has
voluntarily elected the | ||||||
| 6 | withholding pursuant to rules promulgated by the
Director of | ||||||
| 7 | Employment Security.
| ||||||
| 8 | (c) Special Definitions. Withholding shall be considered | ||||||
| 9 | required under
the provisions of the Internal Revenue Code to | ||||||
| 10 | the extent the Internal Revenue
Code either requires | ||||||
| 11 | withholding or allows for voluntary withholding the
payor and | ||||||
| 12 | recipient have entered into such a voluntary withholding | ||||||
| 13 | agreement.
For the purposes of Article 7 and Section 1002(c) | ||||||
| 14 | the term "employer" includes
any payor who is required to | ||||||
| 15 | withhold tax pursuant to this Section.
| ||||||
| 16 | (d) Reciprocal Exemption. The Director may enter into an | ||||||
| 17 | agreement with
the taxing authorities of any state which | ||||||
| 18 | imposes a tax on or measured by
income to provide that | ||||||
| 19 | compensation paid in such state to residents of this
State | ||||||
| 20 | shall be exempt from withholding of such tax; in such case, any
| ||||||
| 21 | compensation paid in this State to residents of such state | ||||||
| 22 | shall be exempt
from withholding.
All reciprocal agreements | ||||||
| 23 | shall be subject to the requirements of Section
2505-575 of the | ||||||
| 24 | Department of Revenue Law (20 ILCS
2505/2505-575).
| ||||||
| 25 | (e) Notwithstanding subsection (a)(2) of this Section, no | ||||||
| 26 | withholding
is required on payments for which withholding is | ||||||
| |||||||
| |||||||
| 1 | required under Section
3405 or 3406 of the Internal Revenue | ||||||
| 2 | Code.
| ||||||
| 3 | (Source: P.A. 101-585, eff. 8-26-19; revised 11-26-19.)
| ||||||
| 4 | (35 ILCS 5/901)
| ||||||
| 5 | (Text of Section before amendment by P.A. 101-8) | ||||||
| 6 | Sec. 901. Collection authority. | ||||||
| 7 | (a) In general. The Department shall collect the taxes | ||||||
| 8 | imposed by this Act. The Department
shall collect certified | ||||||
| 9 | past due child support amounts under Section 2505-650
of the | ||||||
| 10 | Department of Revenue Law of the
Civil Administrative Code of | ||||||
| 11 | Illinois. Except as
provided in subsections (b), (c), (e), (f), | ||||||
| 12 | (g), and (h) of this Section, money collected
pursuant to | ||||||
| 13 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
| 14 | paid into the General Revenue Fund in the State treasury; money
| ||||||
| 15 | collected pursuant to subsections (c) and (d) of Section 201 of | ||||||
| 16 | this Act
shall be paid into the Personal Property Tax | ||||||
| 17 | Replacement Fund, a special
fund in the State Treasury; and | ||||||
| 18 | money collected under Section 2505-650 of the
Department of | ||||||
| 19 | Revenue Law of the
Civil Administrative Code of Illinois shall | ||||||
| 20 | be paid
into the
Child Support Enforcement Trust Fund, a | ||||||
| 21 | special fund outside the State
Treasury, or
to the State
| ||||||
| 22 | Disbursement Unit established under Section 10-26 of the | ||||||
| 23 | Illinois Public Aid
Code, as directed by the Department of | ||||||
| 24 | Healthcare and Family Services. | ||||||
| 25 | (b) Local Government Distributive Fund. Beginning August | ||||||
| |||||||
| |||||||
| 1 | 1, 2017, the Treasurer shall transfer each month from the | ||||||
| 2 | General Revenue Fund to the Local Government Distributive Fund | ||||||
| 3 | an amount equal to the sum of (i) 6.06% (10% of the ratio of the | ||||||
| 4 | 3% individual income tax rate prior to 2011 to the 4.95% | ||||||
| 5 | individual income tax rate after July 1, 2017) of the net | ||||||
| 6 | revenue realized from the tax imposed by subsections (a) and | ||||||
| 7 | (b) of Section 201 of this Act upon individuals, trusts, and | ||||||
| 8 | estates during the preceding month and (ii) 6.85% (10% of the | ||||||
| 9 | ratio of the 4.8% corporate income tax rate prior to 2011 to | ||||||
| 10 | the 7% corporate income tax rate after July 1, 2017) 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. Net revenue realized for a month shall be | ||||||
| 14 | defined as the
revenue from the tax imposed by subsections (a) | ||||||
| 15 | and (b) of Section 201 of this
Act which is deposited in the | ||||||
| 16 | General Revenue Fund, the Education Assistance
Fund, the Income | ||||||
| 17 | Tax Surcharge Local Government Distributive Fund, the Fund for | ||||||
| 18 | the Advancement of Education, and the Commitment to Human | ||||||
| 19 | Services Fund during the
month minus the amount paid out of the | ||||||
| 20 | General Revenue Fund in State warrants
during that same month | ||||||
| 21 | as refunds to taxpayers for overpayment of liability
under the | ||||||
| 22 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
| 23 | Act. | ||||||
| 24 | Notwithstanding any provision of law to the contrary, | ||||||
| 25 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
| 26 | 100-23), those amounts required under this subsection (b) to be | ||||||
| |||||||
| |||||||
| 1 | transferred by the Treasurer into the Local Government | ||||||
| 2 | Distributive Fund from the General Revenue Fund shall be | ||||||
| 3 | directly deposited into the Local Government Distributive Fund | ||||||
| 4 | as the revenue is realized from the tax imposed by subsections | ||||||
| 5 | (a) and (b) of Section 201 of this Act. | ||||||
| 6 | For State fiscal year 2020 only, notwithstanding any | ||||||
| 7 | provision of law to the contrary, the total amount of revenue | ||||||
| 8 | and deposits under this Section attributable to revenues | ||||||
| 9 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
| 10 | (c) Deposits Into Income Tax Refund Fund. | ||||||
| 11 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
| 12 | Department shall
deposit a percentage of the amounts | ||||||
| 13 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
| 14 | (3) of Section 201 of this Act into a fund in the State
| ||||||
| 15 | treasury known as the Income Tax Refund Fund. Beginning | ||||||
| 16 | with State fiscal year 1990 and for each fiscal year
| ||||||
| 17 | thereafter, the percentage deposited into the Income Tax | ||||||
| 18 | Refund Fund during a
fiscal year shall be the Annual | ||||||
| 19 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
| 20 | shall be 8.75%. For fiscal year 2012, the Annual Percentage | ||||||
| 21 | shall be 8.75%. For fiscal year 2013, the Annual Percentage | ||||||
| 22 | shall be 9.75%. For fiscal year 2014, the Annual Percentage | ||||||
| 23 | shall be 9.5%. For fiscal year 2015, the Annual Percentage | ||||||
| 24 | shall be 10%. For fiscal year 2018, the Annual Percentage | ||||||
| 25 | shall be 9.8%. For fiscal year 2019, the Annual Percentage | ||||||
| 26 | shall be 9.7%. For fiscal year 2020, the Annual Percentage | ||||||
| |||||||
| |||||||
| 1 | shall be 9.5%. For all other
fiscal years, the
Annual | ||||||
| 2 | Percentage shall be calculated as a fraction, the numerator | ||||||
| 3 | of which
shall be the amount of refunds approved for | ||||||
| 4 | payment by the Department during
the preceding fiscal year | ||||||
| 5 | as a result of overpayment of tax liability under
| ||||||
| 6 | subsections (a) and (b)(1), (2), and (3) of Section 201 of | ||||||
| 7 | this Act plus the
amount of such refunds remaining approved | ||||||
| 8 | but unpaid at the end of the
preceding fiscal year, minus | ||||||
| 9 | the amounts transferred into the Income Tax
Refund Fund | ||||||
| 10 | from the Tobacco Settlement Recovery Fund, and
the | ||||||
| 11 | denominator of which shall be the amounts which will be | ||||||
| 12 | collected pursuant
to subsections (a) and (b)(1), (2), and | ||||||
| 13 | (3) of Section 201 of this Act during
the preceding fiscal | ||||||
| 14 | year; except that in State fiscal year 2002, the Annual
| ||||||
| 15 | Percentage shall in no event exceed 7.6%. The Director of | ||||||
| 16 | Revenue shall
certify the Annual Percentage to the | ||||||
| 17 | Comptroller on the last business day of
the fiscal year | ||||||
| 18 | immediately preceding the fiscal year for which it is to be
| ||||||
| 19 | 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. | ||||||
| 25 | Beginning
with State fiscal year 1990 and for each fiscal | ||||||
| 26 | year thereafter, the
percentage deposited into the Income | ||||||
| |||||||
| |||||||
| 1 | Tax Refund Fund during a fiscal year
shall be the Annual | ||||||
| 2 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
| 3 | shall be 17.5%. For fiscal year 2012, the Annual Percentage | ||||||
| 4 | shall be 17.5%. For fiscal year 2013, the Annual Percentage | ||||||
| 5 | shall be 14%. For fiscal year 2014, the Annual Percentage | ||||||
| 6 | shall be 13.4%. For fiscal year 2015, the Annual Percentage | ||||||
| 7 | shall be 14%. For fiscal year 2018, the Annual Percentage | ||||||
| 8 | shall be 17.5%. For fiscal year 2019, the Annual Percentage | ||||||
| 9 | shall be 15.5%. For fiscal year 2020, the Annual Percentage | ||||||
| 10 | shall be 14.25%. For all other fiscal years, the Annual
| ||||||
| 11 | Percentage shall be calculated
as a fraction, the numerator | ||||||
| 12 | of which shall be the amount of refunds
approved for | ||||||
| 13 | payment by the Department during the preceding fiscal year | ||||||
| 14 | as
a result of overpayment of tax liability under | ||||||
| 15 | subsections (a) and (b)(6),
(7), and (8), (c) and (d) of | ||||||
| 16 | Section 201 of this Act plus the
amount of such refunds | ||||||
| 17 | remaining approved but unpaid at the end of the
preceding | ||||||
| 18 | fiscal year, and the denominator of
which shall be the | ||||||
| 19 | amounts which will be collected pursuant to subsections (a)
| ||||||
| 20 | and (b)(6), (7), and (8), (c) and (d) of Section 201 of | ||||||
| 21 | this Act during the
preceding fiscal year; except that in | ||||||
| 22 | State fiscal year 2002, the Annual
Percentage shall in no | ||||||
| 23 | event exceed 23%. The Director of Revenue shall
certify the | ||||||
| 24 | Annual Percentage to the Comptroller on the last business | ||||||
| 25 | day of
the fiscal year immediately preceding the fiscal | ||||||
| 26 | year for which it is to be
effective. | ||||||
| |||||||
| |||||||
| 1 | (3) The Comptroller shall order transferred and the | ||||||
| 2 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
| 3 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
| 4 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
| 5 | (iii) $35,000,000 in January, 2003. | ||||||
| 6 | (d) Expenditures from Income Tax Refund Fund. | ||||||
| 7 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
| 8 | Refund Fund
shall be expended exclusively for the purpose | ||||||
| 9 | of paying refunds resulting
from overpayment of tax | ||||||
| 10 | liability under Section 201 of this Act
and for
making | ||||||
| 11 | transfers pursuant to this subsection (d). | ||||||
| 12 | (2) The Director shall order payment of refunds | ||||||
| 13 | resulting from
overpayment of tax liability under Section | ||||||
| 14 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
| 15 | extent that amounts collected pursuant
to Section 201 of | ||||||
| 16 | this Act and transfers pursuant to this subsection (d)
and | ||||||
| 17 | item (3) of subsection (c) have been deposited and retained | ||||||
| 18 | in the
Fund. | ||||||
| 19 | (3) As soon as possible after the end of each fiscal | ||||||
| 20 | year, the Director
shall
order transferred and the State | ||||||
| 21 | Treasurer and State Comptroller shall
transfer from the | ||||||
| 22 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
| 23 | Replacement Fund an amount, certified by the Director to | ||||||
| 24 | the Comptroller,
equal to the excess of the amount | ||||||
| 25 | collected pursuant to subsections (c) and
(d) of Section | ||||||
| 26 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
| |||||||
| |||||||
| 1 | during the fiscal year over the amount of refunds resulting | ||||||
| 2 | from
overpayment of tax liability under subsections (c) and | ||||||
| 3 | (d) of Section 201
of this Act paid from the Income Tax | ||||||
| 4 | Refund Fund during the fiscal year. | ||||||
| 5 | (4) As soon as possible after the end of each fiscal | ||||||
| 6 | year, the Director shall
order transferred and the State | ||||||
| 7 | Treasurer and State Comptroller shall
transfer from the | ||||||
| 8 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
| 9 | Refund Fund an amount, certified by the Director to the | ||||||
| 10 | Comptroller, equal
to the excess of the amount of refunds | ||||||
| 11 | resulting from overpayment of tax
liability under | ||||||
| 12 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
| 13 | from the Income Tax Refund Fund during the fiscal year over | ||||||
| 14 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
| 15 | Section 201 of this Act
deposited into the Income Tax | ||||||
| 16 | Refund Fund during the fiscal year. | ||||||
| 17 | (4.5) As soon as possible after the end of fiscal year | ||||||
| 18 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
| 19 | order transferred and the State Treasurer and
State | ||||||
| 20 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
| 21 | to the General
Revenue Fund any surplus remaining in the | ||||||
| 22 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
| 23 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
| 24 | attributable to transfers under item (3) of subsection (c) | ||||||
| 25 | less refunds
resulting from the earned income tax credit. | ||||||
| 26 | (5) This Act shall constitute an irrevocable and | ||||||
| |||||||
| |||||||
| 1 | continuing
appropriation from the Income Tax Refund Fund | ||||||
| 2 | for the purpose of paying
refunds upon the order of the | ||||||
| 3 | Director in accordance with the provisions of
this Section. | ||||||
| 4 | (e) Deposits into the Education Assistance Fund and the | ||||||
| 5 | Income Tax
Surcharge Local Government Distributive Fund. On | ||||||
| 6 | July 1, 1991, and thereafter, of the amounts collected pursuant | ||||||
| 7 | to
subsections (a) and (b) of Section 201 of this Act, minus | ||||||
| 8 | deposits into the
Income Tax Refund Fund, the Department shall | ||||||
| 9 | deposit 7.3% into the
Education Assistance Fund in the State | ||||||
| 10 | Treasury. Beginning July 1, 1991,
and continuing through | ||||||
| 11 | January 31, 1993, of the amounts collected pursuant to
| ||||||
| 12 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
| 13 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
| 14 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
| 15 | Local Government Distributive Fund in the State
Treasury. | ||||||
| 16 | Beginning February 1, 1993 and continuing through June 30, | ||||||
| 17 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
| 18 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
| 19 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
| 20 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
| 21 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
| 22 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
| 23 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
| 24 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
| 25 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
| 26 | Local Government Distributive Fund in the State Treasury. | ||||||
| |||||||
| |||||||
| 1 | (f) Deposits into the Fund for the Advancement of | ||||||
| 2 | Education. Beginning February 1, 2015, the Department shall | ||||||
| 3 | deposit the following portions of the revenue realized from the | ||||||
| 4 | tax imposed upon individuals, trusts, and estates by | ||||||
| 5 | subsections (a) and (b) of Section 201 of this Act, minus | ||||||
| 6 | deposits into the Income Tax Refund Fund, into the Fund for the | ||||||
| 7 | Advancement of Education: | ||||||
| 8 | (1) beginning February 1, 2015, and prior to February | ||||||
| 9 | 1, 2025, 1/30; and | ||||||
| 10 | (2) beginning February 1, 2025, 1/26. | ||||||
| 11 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
| 12 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
| 13 | the Department shall not make the deposits required by this | ||||||
| 14 | subsection (f) on or after the effective date of the reduction. | ||||||
| 15 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
| 16 | Beginning February 1, 2015, the Department shall deposit the | ||||||
| 17 | following portions of the revenue realized from the tax imposed | ||||||
| 18 | upon individuals, trusts, and estates by subsections (a) and | ||||||
| 19 | (b) of Section 201 of this Act, minus deposits into the Income | ||||||
| 20 | Tax Refund Fund, into the Commitment to Human Services Fund: | ||||||
| 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 (g) on or after the effective date of the reduction. | ||||||
| 2 | (h) Deposits into the Tax Compliance and Administration | ||||||
| 3 | Fund. Beginning on the first day of the first calendar month to | ||||||
| 4 | occur on or after August 26, 2014 (the effective date of Public | ||||||
| 5 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
| 6 | Compliance and Administration Fund, to be used, subject to | ||||||
| 7 | appropriation, to fund additional auditors and compliance | ||||||
| 8 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
| 9 | the cash receipts collected during the preceding fiscal year by | ||||||
| 10 | the Audit Bureau of the Department from the tax imposed by | ||||||
| 11 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
| 12 | net of deposits into the Income Tax Refund Fund made from those | ||||||
| 13 | cash receipts. | ||||||
| 14 | (Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17; | ||||||
| 15 | 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. | ||||||
| 16 | 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81, | ||||||
| 17 | eff. 7-12-19.)
| ||||||
| 18 | (Text of Section after amendment by P.A. 101-8)
| ||||||
| 19 | Sec. 901. Collection authority. | ||||||
| 20 | (a) In general. The Department shall collect the taxes | ||||||
| 21 | imposed by this Act. The Department
shall collect certified | ||||||
| 22 | past due child support amounts under Section 2505-650
of the | ||||||
| 23 | Department of Revenue Law of the
Civil Administrative Code of | ||||||
| 24 | Illinois. Except as
provided in subsections (b), (c), (e), (f), | ||||||
| 25 | (g), and (h) of this Section, money collected
pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
| 2 | paid into the General Revenue Fund in the State treasury; money
| ||||||
| 3 | collected pursuant to subsections (c) and (d) of Section 201 of | ||||||
| 4 | this Act
shall be paid into the Personal Property Tax | ||||||
| 5 | Replacement Fund, a special
fund in the State Treasury; and | ||||||
| 6 | money collected under Section 2505-650 of the
Department of | ||||||
| 7 | Revenue Law of the
Civil Administrative Code of Illinois shall | ||||||
| 8 | be paid
into the
Child Support Enforcement Trust Fund, a | ||||||
| 9 | special fund outside the State
Treasury, or
to the State
| ||||||
| 10 | Disbursement Unit established under Section 10-26 of the | ||||||
| 11 | Illinois Public Aid
Code, as directed by the Department of | ||||||
| 12 | Healthcare and Family Services. | ||||||
| 13 | (b) Local Government Distributive Fund. Beginning August | ||||||
| 14 | 1, 2017 and continuing through January 31, 2021, the Treasurer | ||||||
| 15 | shall transfer each month from the General Revenue Fund to the | ||||||
| 16 | Local Government Distributive Fund an amount equal to the sum | ||||||
| 17 | of (i) 6.06% (10% of the ratio of the 3% individual income tax | ||||||
| 18 | rate prior to 2011 to the 4.95% individual income tax rate | ||||||
| 19 | after July 1, 2017) of the net revenue realized from the tax | ||||||
| 20 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
| 21 | upon individuals, trusts, and estates during the preceding | ||||||
| 22 | month and (ii) 6.85% (10% of the ratio of the 4.8% corporate | ||||||
| 23 | income tax rate prior to 2011 to the 7% corporate income tax | ||||||
| 24 | rate after July 1, 2017) of the net revenue realized from the | ||||||
| 25 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
| 26 | Act upon corporations during the preceding month. Beginning | ||||||
| |||||||
| |||||||
| 1 | February 1, 2021, the Treasurer shall transfer each month from | ||||||
| 2 | the General Revenue Fund to the Local Government Distributive | ||||||
| 3 | Fund an amount equal to the sum of (i) 5.32% of the net revenue | ||||||
| 4 | realized from the tax imposed by subsections (a) and (b) of | ||||||
| 5 | Section 201 of this Act upon individuals, trusts, and estates | ||||||
| 6 | during the preceding month and (ii) 6.16% of the net revenue | ||||||
| 7 | realized from the tax imposed by subsections (a) and (b) of | ||||||
| 8 | Section 201 of this Act upon corporations during the preceding | ||||||
| 9 | month. Net revenue realized for a month shall be defined as the
| ||||||
| 10 | revenue from the tax imposed by subsections (a) and (b) of | ||||||
| 11 | Section 201 of this
Act which is deposited in the General | ||||||
| 12 | Revenue Fund, the Education Assistance
Fund, the Income Tax | ||||||
| 13 | Surcharge Local Government Distributive Fund, the Fund for the | ||||||
| 14 | Advancement of Education, and the Commitment to Human Services | ||||||
| 15 | Fund during the
month minus the amount paid out of the General | ||||||
| 16 | Revenue Fund in State warrants
during that same month as | ||||||
| 17 | refunds to taxpayers for overpayment of liability
under the tax | ||||||
| 18 | imposed by subsections (a) and (b) of Section 201 of this Act. | ||||||
| 19 | Notwithstanding any provision of law to the contrary, | ||||||
| 20 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
| 21 | 100-23), those amounts required under this subsection (b) to be | ||||||
| 22 | transferred by the Treasurer into the Local Government | ||||||
| 23 | Distributive Fund from the General Revenue Fund shall be | ||||||
| 24 | directly deposited into the Local Government Distributive Fund | ||||||
| 25 | as the revenue is realized from the tax imposed by subsections | ||||||
| 26 | (a) and (b) of Section 201 of this Act. | ||||||
| |||||||
| |||||||
| 1 | For State fiscal year 2020 only, notwithstanding any | ||||||
| 2 | provision of law to the contrary, the total amount of revenue | ||||||
| 3 | and deposits under this Section attributable to revenues | ||||||
| 4 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
| 5 | (c) Deposits Into Income Tax Refund Fund. | ||||||
| 6 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
| 7 | Department shall
deposit a percentage of the amounts | ||||||
| 8 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
| 9 | (3) of Section 201 of this Act into a fund in the State
| ||||||
| 10 | treasury known as the Income Tax Refund Fund. Beginning | ||||||
| 11 | with State fiscal year 1990 and for each fiscal year
| ||||||
| 12 | thereafter, the percentage deposited into the Income Tax | ||||||
| 13 | Refund Fund during a
fiscal year shall be the Annual | ||||||
| 14 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
| 15 | shall be 8.75%. For fiscal year 2012, the Annual Percentage | ||||||
| 16 | shall be 8.75%. For fiscal year 2013, the Annual Percentage | ||||||
| 17 | shall be 9.75%. For fiscal year 2014, the Annual Percentage | ||||||
| 18 | shall be 9.5%. For fiscal year 2015, the Annual Percentage | ||||||
| 19 | shall be 10%. For fiscal year 2018, the Annual Percentage | ||||||
| 20 | shall be 9.8%. For fiscal year 2019, the Annual Percentage | ||||||
| 21 | shall be 9.7%. For fiscal year 2020, the Annual Percentage | ||||||
| 22 | shall be 9.5%. For all other
fiscal years, the
Annual | ||||||
| 23 | Percentage shall be calculated as a fraction, the numerator | ||||||
| 24 | of which
shall be the amount of refunds approved for | ||||||
| 25 | payment by the Department during
the preceding fiscal year | ||||||
| 26 | as a result of overpayment of tax liability under
| ||||||
| |||||||
| |||||||
| 1 | subsections (a) and (b)(1), (2), and (3) of Section 201 of | ||||||
| 2 | this Act plus the
amount of such refunds remaining approved | ||||||
| 3 | but unpaid at the end of the
preceding fiscal year, minus | ||||||
| 4 | the amounts transferred into the Income Tax
Refund Fund | ||||||
| 5 | from the Tobacco Settlement Recovery Fund, and
the | ||||||
| 6 | denominator of which shall be the amounts which will be | ||||||
| 7 | collected pursuant
to subsections (a) and (b)(1), (2), and | ||||||
| 8 | (3) of Section 201 of this Act during
the preceding fiscal | ||||||
| 9 | year; except that in State fiscal year 2002, the Annual
| ||||||
| 10 | Percentage shall in no event exceed 7.6%. The Director of | ||||||
| 11 | Revenue shall
certify the Annual Percentage to the | ||||||
| 12 | Comptroller on the last business day of
the fiscal year | ||||||
| 13 | immediately preceding the fiscal year for which it is to be
| ||||||
| 14 | effective. | ||||||
| 15 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
| 16 | Department shall
deposit a percentage of the amounts | ||||||
| 17 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
| 18 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
| 19 | the State treasury known as the Income Tax
Refund Fund. | ||||||
| 20 | Beginning
with State fiscal year 1990 and for each fiscal | ||||||
| 21 | year thereafter, the
percentage deposited into the Income | ||||||
| 22 | Tax Refund Fund during a fiscal year
shall be the Annual | ||||||
| 23 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
| 24 | shall be 17.5%. For fiscal year 2012, the Annual Percentage | ||||||
| 25 | shall be 17.5%. For fiscal year 2013, the Annual Percentage | ||||||
| 26 | shall be 14%. For fiscal year 2014, the Annual Percentage | ||||||
| |||||||
| |||||||
| 1 | shall be 13.4%. For fiscal year 2015, the Annual Percentage | ||||||
| 2 | shall be 14%. For fiscal year 2018, the Annual Percentage | ||||||
| 3 | shall be 17.5%. For fiscal year 2019, the Annual Percentage | ||||||
| 4 | shall be 15.5%. For fiscal year 2020, the Annual Percentage | ||||||
| 5 | shall be 14.25%. For all other fiscal years, the Annual
| ||||||
| 6 | Percentage shall be calculated
as a fraction, the numerator | ||||||
| 7 | of which shall be the amount of refunds
approved for | ||||||
| 8 | payment by the Department during the preceding fiscal year | ||||||
| 9 | as
a result of overpayment of tax liability under | ||||||
| 10 | subsections (a) and (b)(6),
(7), and (8), (c) and (d) of | ||||||
| 11 | Section 201 of this Act plus the
amount of such refunds | ||||||
| 12 | remaining approved but unpaid at the end of the
preceding | ||||||
| 13 | fiscal year, and the denominator of
which shall be the | ||||||
| 14 | amounts which will be collected pursuant to subsections (a)
| ||||||
| 15 | and (b)(6), (7), and (8), (c) and (d) of Section 201 of | ||||||
| 16 | this Act during the
preceding fiscal year; except that in | ||||||
| 17 | State fiscal year 2002, the Annual
Percentage shall in no | ||||||
| 18 | event exceed 23%. The Director of Revenue shall
certify the | ||||||
| 19 | Annual Percentage to the Comptroller on the last business | ||||||
| 20 | day of
the fiscal year immediately preceding the fiscal | ||||||
| 21 | year for which it is to be
effective. | ||||||
| 22 | (3) The Comptroller shall order transferred and the | ||||||
| 23 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
| 24 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
| 25 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
| 26 | (iii) $35,000,000 in January, 2003. | ||||||
| |||||||
| |||||||
| 1 | (d) Expenditures from Income Tax Refund Fund. | ||||||
| 2 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
| 3 | Refund Fund
shall be expended exclusively for the purpose | ||||||
| 4 | of paying refunds resulting
from overpayment of tax | ||||||
| 5 | liability under Section 201 of this Act
and for
making | ||||||
| 6 | transfers pursuant to this subsection (d). | ||||||
| 7 | (2) The Director shall order payment of refunds | ||||||
| 8 | resulting from
overpayment of tax liability under Section | ||||||
| 9 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
| 10 | extent that amounts collected pursuant
to Section 201 of | ||||||
| 11 | this Act and transfers pursuant to this subsection (d)
and | ||||||
| 12 | item (3) of subsection (c) have been deposited and retained | ||||||
| 13 | in the
Fund. | ||||||
| 14 | (3) As soon as possible after the end of each fiscal | ||||||
| 15 | year, the Director
shall
order transferred and the State | ||||||
| 16 | Treasurer and State Comptroller shall
transfer from the | ||||||
| 17 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
| 18 | Replacement Fund an amount, certified by the Director to | ||||||
| 19 | the Comptroller,
equal to the excess of the amount | ||||||
| 20 | collected pursuant to subsections (c) and
(d) of Section | ||||||
| 21 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
| 22 | during the fiscal year over the amount of refunds resulting | ||||||
| 23 | from
overpayment of tax liability under subsections (c) and | ||||||
| 24 | (d) of Section 201
of this Act paid from the Income Tax | ||||||
| 25 | Refund Fund during the fiscal year. | ||||||
| 26 | (4) As soon as possible after the end of each fiscal | ||||||
| |||||||
| |||||||
| 1 | year, the Director shall
order transferred and the State | ||||||
| 2 | Treasurer and State Comptroller shall
transfer from the | ||||||
| 3 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
| 4 | Refund Fund an amount, certified by the Director to the | ||||||
| 5 | Comptroller, equal
to the excess of the amount of refunds | ||||||
| 6 | resulting from overpayment of tax
liability under | ||||||
| 7 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
| 8 | from the Income Tax Refund Fund during the fiscal year over | ||||||
| 9 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
| 10 | Section 201 of this Act
deposited into the Income Tax | ||||||
| 11 | Refund Fund during the fiscal year. | ||||||
| 12 | (4.5) As soon as possible after the end of fiscal year | ||||||
| 13 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
| 14 | order transferred and the State Treasurer and
State | ||||||
| 15 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
| 16 | to the General
Revenue Fund any surplus remaining in the | ||||||
| 17 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
| 18 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
| 19 | attributable to transfers under item (3) of subsection (c) | ||||||
| 20 | less refunds
resulting from the earned income tax credit. | ||||||
| 21 | (5) This Act shall constitute an irrevocable and | ||||||
| 22 | continuing
appropriation from the Income Tax Refund Fund | ||||||
| 23 | for the purpose of paying
refunds upon the order of the | ||||||
| 24 | Director in accordance with the provisions of
this Section. | ||||||
| 25 | (e) Deposits into the Education Assistance Fund and the | ||||||
| 26 | Income Tax
Surcharge Local Government Distributive Fund. On | ||||||
| |||||||
| |||||||
| 1 | July 1, 1991, and thereafter, of the amounts collected pursuant | ||||||
| 2 | to
subsections (a) and (b) of Section 201 of this Act, minus | ||||||
| 3 | deposits into the
Income Tax Refund Fund, the Department shall | ||||||
| 4 | deposit 7.3% into the
Education Assistance Fund in the State | ||||||
| 5 | Treasury. Beginning July 1, 1991,
and continuing through | ||||||
| 6 | January 31, 1993, of the amounts collected pursuant to
| ||||||
| 7 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
| 8 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
| 9 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
| 10 | Local Government Distributive Fund in the State
Treasury. | ||||||
| 11 | Beginning February 1, 1993 and continuing through June 30, | ||||||
| 12 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
| 13 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
| 14 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
| 15 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
| 16 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
| 17 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
| 18 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
| 19 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
| 20 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
| 21 | Local Government Distributive Fund in the State Treasury. | ||||||
| 22 | (f) Deposits into the Fund for the Advancement of | ||||||
| 23 | Education. Beginning February 1, 2015, the Department shall | ||||||
| 24 | deposit the following portions of the revenue realized from the | ||||||
| 25 | tax imposed upon individuals, trusts, and estates by | ||||||
| 26 | subsections (a) and (b) of Section 201 of this Act, minus | ||||||
| |||||||
| |||||||
| 1 | deposits into the Income Tax Refund Fund, into the Fund for the | ||||||
| 2 | Advancement of Education: | ||||||
| 3 | (1) beginning February 1, 2015, and prior to February | ||||||
| 4 | 1, 2025, 1/30; and | ||||||
| 5 | (2) beginning February 1, 2025, 1/26. | ||||||
| 6 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
| 7 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
| 8 | the Department shall not make the deposits required by this | ||||||
| 9 | subsection (f) on or after the effective date of the reduction. | ||||||
| 10 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
| 11 | Beginning February 1, 2015, the Department shall deposit the | ||||||
| 12 | following portions of the revenue realized from the tax imposed | ||||||
| 13 | upon individuals, trusts, and estates by subsections (a) and | ||||||
| 14 | (b) of Section 201 of this Act, minus deposits into the Income | ||||||
| 15 | Tax Refund Fund, into the Commitment to Human Services Fund: | ||||||
| 16 | (1) beginning February 1, 2015, and prior to February | ||||||
| 17 | 1, 2025, 1/30; and | ||||||
| 18 | (2) beginning February 1, 2025, 1/26. | ||||||
| 19 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
| 20 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
| 21 | the Department shall not make the deposits required by this | ||||||
| 22 | subsection (g) on or after the effective date of the reduction. | ||||||
| 23 | (h) Deposits into the Tax Compliance and Administration | ||||||
| 24 | Fund. Beginning on the first day of the first calendar month to | ||||||
| 25 | occur on or after August 26, 2014 (the effective date of Public | ||||||
| 26 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
| |||||||
| |||||||
| 1 | Compliance and Administration Fund, to be used, subject to | ||||||
| 2 | appropriation, to fund additional auditors and compliance | ||||||
| 3 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
| 4 | the cash receipts collected during the preceding fiscal year by | ||||||
| 5 | the Audit Bureau of the Department from the tax imposed by | ||||||
| 6 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
| 7 | net of deposits into the Income Tax Refund Fund made from those | ||||||
| 8 | cash receipts. | ||||||
| 9 | (Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17; | ||||||
| 10 | 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. | ||||||
| 11 | 8-14-18; 100-1171, eff. 1-4-19; 101-8, see Section 99 for | ||||||
| 12 | effective date; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
| 13 | revised 10-1-19.)
| ||||||
| 14 | Section 185. The Economic Development for a Growing Economy | ||||||
| 15 | Tax Credit Act is amended by changing Sections 5-51 and 5-56 as | ||||||
| 16 | follows:
| ||||||
| 17 | (35 ILCS 10/5-51) | ||||||
| 18 | Sec. 5-51. New Construction EDGE Agreement. | ||||||
| 19 | (a) Notwithstanding any other provisions of this Act, and | ||||||
| 20 | in addition to any Credit otherwise allowed under this Act, | ||||||
| 21 | beginning on January 1, 2021, there is allowed a New | ||||||
| 22 | Construction EDGE Credit for eligible Applicants that meet the | ||||||
| 23 | following criteria: | ||||||
| 24 | (1) the Department has certified that the Applicant | ||||||
| |||||||
| |||||||
| 1 | meets all requirements of Sections 5-15, 5-20, and 5-25; | ||||||
| 2 | and | ||||||
| 3 | (2) the Department has certified that, pursuant to | ||||||
| 4 | Section 5-20, the Applicant's Agreement includes a capital | ||||||
| 5 | investment of at least $10,000,000 in a New Construction | ||||||
| 6 | EDGE Project to be placed in service within the State as a | ||||||
| 7 | direct result of an Agreement entered into pursuant to this | ||||||
| 8 | Section. | ||||||
| 9 | (b) The Department shall notify each Applicant during the | ||||||
| 10 | application process that its their project is eligible for a | ||||||
| 11 | New Construction EDGE Credit. The Department shall create a | ||||||
| 12 | separate application to be filled out by the Applicant | ||||||
| 13 | regarding the New Construction EDGE credit. The Application | ||||||
| 14 | shall include the following: | ||||||
| 15 | (1) a detailed description of the New Construction EDGE | ||||||
| 16 | Project that is subject to the New Construction EDGE | ||||||
| 17 | Agreement, including the location and amount of the | ||||||
| 18 | investment and jobs created or retained; | ||||||
| 19 | (2) the duration of the New Construction EDGE Credit | ||||||
| 20 | and the first taxable year for which the Credit may be | ||||||
| 21 | claimed; | ||||||
| 22 | (3) the New Construction EDGE Credit amount that will | ||||||
| 23 | be allowed for each taxable year; | ||||||
| 24 | (4) a requirement that the Director is authorized to | ||||||
| 25 | verify with the appropriate State agencies the amount of | ||||||
| 26 | the incremental income tax withheld by a Taxpayer, and | ||||||
| |||||||
| |||||||
| 1 | after doing so, shall issue a certificate to the Taxpayer | ||||||
| 2 | stating that the amounts have been verified; | ||||||
| 3 | (5) the amount of the capital investment, which may at | ||||||
| 4 | no point be less than $10,000,000, the time period of | ||||||
| 5 | placing the New Construction EDGE Project in service, and | ||||||
| 6 | the designated location in Illinois for the investment; | ||||||
| 7 | (6) a requirement that the Taxpayer shall provide | ||||||
| 8 | written notification to the Director not more than 30 days | ||||||
| 9 | after the Taxpayer determines that the capital investment | ||||||
| 10 | of at least $10,000,000 is not or will not be achieved or | ||||||
| 11 | maintained as set forth in the terms and conditions of the | ||||||
| 12 | Agreement; | ||||||
| 13 | (7) a detailed provision that the Taxpayer shall be | ||||||
| 14 | awarded a New Construction EDGE Credit upon the verified | ||||||
| 15 | completion and occupancy of a New Construction EDGE | ||||||
| 16 | Project; and | ||||||
| 17 | (8) any other performance conditions, including the | ||||||
| 18 | ability to verify that a New Construction EDGE Project is | ||||||
| 19 | built and completed, or that contract provisions as the | ||||||
| 20 | Department determines are appropriate. | ||||||
| 21 | (c) The Department shall post on its website the terms of | ||||||
| 22 | each New Construction EDGE Agreement entered into under this | ||||||
| 23 | Act on or after June 5, 2019 (the effective date of Public Act | ||||||
| 24 | 101-9) this amendatory Act of the 101st General Assembly. Such | ||||||
| 25 | information shall be posted within 10 days after entering into | ||||||
| 26 | the Agreement and must include the following: | ||||||
| |||||||
| |||||||
| 1 | (1) the name of the recipient business; | ||||||
| 2 | (2) the location of the project; | ||||||
| 3 | (3) the estimated value of the credit; and | ||||||
| 4 | (4) whether or not the project is located in an | ||||||
| 5 | underserved area. | ||||||
| 6 | (d) The Department, in collaboration with the Department of | ||||||
| 7 | Labor, shall require that certified payroll reporting, | ||||||
| 8 | pursuant to Section 5-56 of this Act, be completed in order to | ||||||
| 9 | verify the wages and any other necessary information which the | ||||||
| 10 | Department may deem necessary to ascertain and certify the | ||||||
| 11 | total number of New Construction EDGE Employees subject to a | ||||||
| 12 | New Construction EDGE Agreement and amount of a New | ||||||
| 13 | Construction EDGE Credit. | ||||||
| 14 | (e) The total aggregate amount of credits awarded under the | ||||||
| 15 | Blue Collar Jobs Act (Article 20 of Public Act 101-9 this | ||||||
| 16 | amendatory Act of the 101st General Assembly) shall not exceed | ||||||
| 17 | $20,000,000 in any State fiscal year.
| ||||||
| 18 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
| ||||||
| 19 | (35 ILCS 10/5-56) | ||||||
| 20 | Sec. 5-56. Certified payroll. (a) Each contractor and | ||||||
| 21 | subcontractor that is engaged in and is executing a New | ||||||
| 22 | Construction EDGE Project for a Taxpayer, pursuant to a New | ||||||
| 23 | Construction EDGE Agreement shall: | ||||||
| 24 | (1) make and keep, for a period of 5 years from the | ||||||
| 25 | date of the last payment made on or after June 5, 2019 (the | ||||||
| |||||||
| |||||||
| 1 | effective date of Public Act 101-9) this amendatory Act of | ||||||
| 2 | the 101st General Assembly on a contract or subcontract for | ||||||
| 3 | a New Construction EDGE Project pursuant to a New | ||||||
| 4 | Construction EDGE Agreement, records of all laborers and | ||||||
| 5 | other workers employed by the contractor or subcontractor | ||||||
| 6 | on the project; the records shall include: | ||||||
| 7 | (A) the worker's name; | ||||||
| 8 | (B) the worker's address; | ||||||
| 9 | (C) the worker's telephone number, if available; | ||||||
| 10 | (D) the worker's social security number; | ||||||
| 11 | (E) the worker's classification or | ||||||
| 12 | classifications; | ||||||
| 13 | (F) the worker's gross and net wages paid in each | ||||||
| 14 | pay period; | ||||||
| 15 | (G) the worker's number of hours worked each day; | ||||||
| 16 | (H) the worker's starting and ending times of work | ||||||
| 17 | each day; | ||||||
| 18 | (I) the worker's hourly wage rate; and | ||||||
| 19 | (J) the worker's hourly overtime wage rate; and | ||||||
| 20 | (2) no later than the 15th day of each calendar month, | ||||||
| 21 | provide a certified payroll for the immediately preceding | ||||||
| 22 | month to the taxpayer in charge of the project; within 5 | ||||||
| 23 | business days after receiving the certified payroll, the | ||||||
| 24 | taxpayer shall file the certified payroll with the | ||||||
| 25 | Department of Labor and the Department of Commerce and | ||||||
| 26 | Economic Opportunity; a certified payroll must be filed for | ||||||
| |||||||
| |||||||
| 1 | only those calendar months during which construction on a | ||||||
| 2 | New Construction EDGE Project has occurred; the certified | ||||||
| 3 | payroll shall consist of a complete copy of the records | ||||||
| 4 | identified in paragraph (1), but may exclude the starting | ||||||
| 5 | and ending times of work each day; the certified payroll | ||||||
| 6 | shall be accompanied by a statement signed by the | ||||||
| 7 | contractor or subcontractor or an officer, employee, or | ||||||
| 8 | agent of the contractor or subcontractor which avers that: | ||||||
| 9 | (A) he or she has examined the certified payroll | ||||||
| 10 | records required to be submitted by the Act and such | ||||||
| 11 | records are true and accurate; and | ||||||
| 12 | (B) the contractor or subcontractor is aware that | ||||||
| 13 | filing a certified payroll that he or she knows to be | ||||||
| 14 | false is a Class A misdemeanor. | ||||||
| 15 | A general contractor is not prohibited from relying on a | ||||||
| 16 | certified payroll of a lower-tier subcontractor, provided the | ||||||
| 17 | general contractor does not knowingly rely upon a | ||||||
| 18 | subcontractor's false certification. | ||||||
| 19 | Any contractor or subcontractor subject to this Section, | ||||||
| 20 | and any officer, employee, or agent of such contractor or | ||||||
| 21 | subcontractor whose duty as an officer, employee, or agent it | ||||||
| 22 | is to file a certified payroll under this Section, who | ||||||
| 23 | willfully fails to file such a certified payroll on or before | ||||||
| 24 | the date such certified payroll is required to be filed and any | ||||||
| 25 | person who willfully files a false certified payroll that is | ||||||
| 26 | false as to any material fact is in violation of this Act and | ||||||
| |||||||
| |||||||
| 1 | guilty of a Class A misdemeanor. | ||||||
| 2 | The taxpayer in charge of the project shall keep the | ||||||
| 3 | records submitted in accordance with this Section subsection on | ||||||
| 4 | or after June 5, 2019 (the effective date of Public Act 101-9) | ||||||
| 5 | this amendatory Act of the 101st General Assembly for a period | ||||||
| 6 | of 5 years from the date of the last payment for work on a | ||||||
| 7 | contract or subcontract for the project. | ||||||
| 8 | The records submitted in accordance with this Section | ||||||
| 9 | subsection shall be considered public records, except an | ||||||
| 10 | employee's address, telephone number, and social security | ||||||
| 11 | number, and made available in accordance with the Freedom of | ||||||
| 12 | Information Act. The Department of Labor shall accept any | ||||||
| 13 | reasonable submissions by the contractor that meet the | ||||||
| 14 | requirements of this Section subsection and shall share the | ||||||
| 15 | information with the Department in order to comply with the | ||||||
| 16 | awarding of New Construction EDGE Credits. A contractor, | ||||||
| 17 | subcontractor, or public body may retain records required under | ||||||
| 18 | this Section in paper or electronic format. | ||||||
| 19 | Upon 7 business days' notice, the contractor and each | ||||||
| 20 | subcontractor shall make available for inspection and copying | ||||||
| 21 | at a location within this State during reasonable hours, the | ||||||
| 22 | records identified in paragraph (1) of this Section subsection | ||||||
| 23 | to the taxpayer in charge of the project, its officers and | ||||||
| 24 | agents, the Director of Labor and his or her deputies and | ||||||
| 25 | agents, and to federal, State, or local law enforcement | ||||||
| 26 | agencies and prosecutors.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-9, eff. 6-5-19; revised 8-22-19.)
| ||||||
| 2 | Section 190. The Film
Production Services Tax Credit Act of | ||||||
| 3 | 2008 is amended by changing Section 10 as follows:
| ||||||
| 4 | (35 ILCS 16/10)
| ||||||
| 5 | Sec. 10. Definitions. As used in this Act:
| ||||||
| 6 | "Accredited production" means: (i) for productions | ||||||
| 7 | commencing before May 1, 2006, a film, video, or television | ||||||
| 8 | production that
has been certified by the Department in which | ||||||
| 9 | the aggregate Illinois labor
expenditures
included in the cost | ||||||
| 10 | of the production, in the period that ends 12 months after
the | ||||||
| 11 | time principal filming or taping of the production began, | ||||||
| 12 | exceed $100,000
for productions of 30 minutes or longer, or | ||||||
| 13 | $50,000 for productions of less
than 30
minutes; and (ii) for | ||||||
| 14 | productions commencing on or after May 1, 2006, a film, video, | ||||||
| 15 | or television production that has been certified by the | ||||||
| 16 | Department in which the Illinois production spending included | ||||||
| 17 | in the cost of production in the period that ends 12 months | ||||||
| 18 | after the time principal filming or taping of the production | ||||||
| 19 | began exceeds $100,000 for productions of 30 minutes or longer | ||||||
| 20 | or exceeds $50,000 for productions of less than 30 minutes. | ||||||
| 21 | "Accredited production" does not include a production that:
| ||||||
| 22 | (1) is news, current events, or public programming, or | ||||||
| 23 | a program that
includes weather or market reports;
| ||||||
| 24 | (2) is a talk show;
| ||||||
| |||||||
| |||||||
| 1 | (3) is a production in respect of a game, | ||||||
| 2 | questionnaire, or contest;
| ||||||
| 3 | (4) is a sports event or activity;
| ||||||
| 4 | (5) is a gala presentation or awards show;
| ||||||
| 5 | (6) is a finished production that solicits funds;
| ||||||
| 6 | (7) is a production produced by a film production | ||||||
| 7 | company if records, as
required
by 18
U.S.C. 2257, are to | ||||||
| 8 | be maintained by that film production company with respect
| ||||||
| 9 | to any
performer portrayed in that single media or | ||||||
| 10 | multimedia program; or
| ||||||
| 11 | (8) is a production produced primarily for industrial, | ||||||
| 12 | corporate, or
institutional purposes.
| ||||||
| 13 | "Accredited animated production" means an accredited | ||||||
| 14 | production in which movement and characters' performances are | ||||||
| 15 | created using a frame-by-frame technique and a significant | ||||||
| 16 | number of major characters are animated. Motion capture by | ||||||
| 17 | itself is not an animation technique. | ||||||
| 18 | "Accredited production certificate" means a certificate | ||||||
| 19 | issued by the
Department certifying that the production is an | ||||||
| 20 | accredited production that
meets the guidelines of this Act.
| ||||||
| 21 | "Applicant" means a taxpayer that is a film production | ||||||
| 22 | company that is
operating or has operated an accredited | ||||||
| 23 | production located within the State of
Illinois and that
(i) | ||||||
| 24 | owns the copyright in the accredited production throughout the
| ||||||
| 25 | Illinois production period or (ii)
has contracted directly with | ||||||
| 26 | the owner of the copyright in the
accredited production
or a | ||||||
| |||||||
| |||||||
| 1 | person acting on behalf of the owner
to provide services for | ||||||
| 2 | the production, where the owner
of the copyright is not an | ||||||
| 3 | eligible production corporation.
| ||||||
| 4 | "Credit" means:
| ||||||
| 5 | (1) for an accredited production approved by the | ||||||
| 6 | Department on or before January 1, 2005 and commencing | ||||||
| 7 | before May 1, 2006, the amount equal to 25% of the Illinois | ||||||
| 8 | labor
expenditure approved by the Department.
The | ||||||
| 9 | applicant is deemed to have paid, on its balance due day | ||||||
| 10 | for the year, an
amount equal to 25% of its qualified | ||||||
| 11 | Illinois labor expenditure for the tax
year. For Illinois | ||||||
| 12 | labor expenditures generated by the employment of | ||||||
| 13 | residents of geographic areas of high poverty or high | ||||||
| 14 | unemployment, as determined by the Department, in an | ||||||
| 15 | accredited production commencing before May 1, 2006 and
| ||||||
| 16 | approved by the Department after January 1, 2005, the | ||||||
| 17 | applicant shall receive an enhanced credit of 10% in | ||||||
| 18 | addition to the 25% credit; and | ||||||
| 19 | (2) for an accredited production commencing on or after | ||||||
| 20 | May 1, 2006, the amount equal to: | ||||||
| 21 | (i) 20% of the Illinois production spending for the | ||||||
| 22 | taxable year; plus | ||||||
| 23 | (ii) 15% of the Illinois labor expenditures | ||||||
| 24 | generated by the employment of residents of geographic | ||||||
| 25 | areas of high poverty or high unemployment, as | ||||||
| 26 | determined by the Department; and
| ||||||
| |||||||
| |||||||
| 1 | (3) for an accredited production commencing on or after | ||||||
| 2 | January 1, 2009, the amount equal to: | ||||||
| 3 | (i) 30% of the Illinois production spending for the | ||||||
| 4 | taxable year; plus | ||||||
| 5 | (ii) 15% of the Illinois labor expenditures | ||||||
| 6 | generated by the employment of residents of geographic | ||||||
| 7 | areas of high poverty or high unemployment, as | ||||||
| 8 | determined by the Department. | ||||||
| 9 | "Department" means the Department of Commerce and Economic | ||||||
| 10 | Opportunity.
| ||||||
| 11 | "Director" means the Director of Commerce and Economic | ||||||
| 12 | Opportunity.
| ||||||
| 13 | "Illinois labor expenditure" means
salary or wages paid to | ||||||
| 14 | employees of the
applicant for services on the accredited
| ||||||
| 15 | production. ;
| ||||||
| 16 | To qualify as an Illinois labor expenditure, the | ||||||
| 17 | expenditure must be:
| ||||||
| 18 | (1) Reasonable in the circumstances.
| ||||||
| 19 | (2) Included in the federal income tax basis of the | ||||||
| 20 | property.
| ||||||
| 21 | (3) Incurred by the applicant for services on or after | ||||||
| 22 | January 1, 2004.
| ||||||
| 23 | (4) Incurred for the production stages of the | ||||||
| 24 | accredited production, from
the final
script stage to the | ||||||
| 25 | end of the post-production stage.
| ||||||
| 26 | (5) Limited to the first $25,000 of wages paid or | ||||||
| |||||||
| |||||||
| 1 | incurred to each
employee of a production commencing before | ||||||
| 2 | May 1, 2006 and the first $100,000 of wages paid or | ||||||
| 3 | incurred to each
employee of
a production commencing on or | ||||||
| 4 | after May 1, 2006.
| ||||||
| 5 | (6) For a production commencing before May 1, 2006, | ||||||
| 6 | exclusive of the salary or wages paid to or incurred for | ||||||
| 7 | the 2 highest
paid
employees of the production.
| ||||||
| 8 | (7) Directly attributable to the accredited | ||||||
| 9 | production.
| ||||||
| 10 | (8) (Blank).
| ||||||
| 11 | (9) Paid to persons resident in Illinois at the time | ||||||
| 12 | the payments were
made.
| ||||||
| 13 | (10) Paid for services rendered in Illinois.
| ||||||
| 14 | "Illinois production spending" means the expenses incurred | ||||||
| 15 | by the applicant for an accredited production, including, | ||||||
| 16 | without limitation, all of the following: | ||||||
| 17 | (1) expenses to purchase, from vendors within | ||||||
| 18 | Illinois, tangible personal property that is used in the | ||||||
| 19 | accredited production; | ||||||
| 20 | (2) expenses to acquire services, from vendors in | ||||||
| 21 | Illinois, for film production, editing, or processing; and | ||||||
| 22 | (3) the compensation, not to exceed $100,000 for any | ||||||
| 23 | one employee, for contractual or salaried employees who are | ||||||
| 24 | Illinois residents performing services with respect to the | ||||||
| 25 | accredited production. | ||||||
| 26 | "Qualified production facility" means stage facilities in | ||||||
| |||||||
| |||||||
| 1 | the State in which television shows and films are or are | ||||||
| 2 | intended to be regularly produced and that contain at least one | ||||||
| 3 | sound stage of at least 15,000 square feet.
| ||||||
| 4 | Rulemaking authority to implement Public Act 95-1006 this | ||||||
| 5 | amendatory Act of the 95th General Assembly, if any, is | ||||||
| 6 | conditioned on the rules being adopted in accordance with all | ||||||
| 7 | provisions of the Illinois Administrative Procedure Act and all | ||||||
| 8 | rules and procedures of the Joint Committee on Administrative | ||||||
| 9 | Rules; any purported rule not so adopted, for whatever reason, | ||||||
| 10 | is unauthorized. | ||||||
| 11 | (Source: P.A. 97-796, eff. 7-13-12; revised 7-18-19.)
| ||||||
| 12 | Section 200. The Service Occupation Tax Act is amended by | ||||||
| 13 | changing Section 2d as follows:
| ||||||
| 14 | (35 ILCS 115/2d)
| ||||||
| 15 | Sec. 2d. Motor vehicles; trailers; use as rolling stock | ||||||
| 16 | definition. | ||||||
| 17 | (a) (Blank).
| ||||||
| 18 | (b) (Blank).
| ||||||
| 19 | (c) This subsection (c) applies to motor vehicles, other | ||||||
| 20 | than limousines, purchased through June 30, 2017. For motor | ||||||
| 21 | vehicles, other than limousines, purchased on or after July 1, | ||||||
| 22 | 2017, subsection (d-5) applies. This subsection (c) applies to | ||||||
| 23 | limousines purchased before, on, or after July 1, 2017. "Use as | ||||||
| 24 | rolling stock moving in interstate commerce" in paragraph (d-1) | ||||||
| |||||||
| |||||||
| 1 | of the definition of "sale of service" in Section 2 occurs for | ||||||
| 2 | motor vehicles, as defined in Section 1-146 of the Illinois | ||||||
| 3 | Vehicle Code, when during a 12-month period the rolling stock | ||||||
| 4 | has carried persons or property for hire in interstate commerce | ||||||
| 5 | for greater than 50% of its total trips for that period or for | ||||||
| 6 | greater than 50% of its total miles for that period. The person | ||||||
| 7 | claiming the exemption shall make an election at the time of | ||||||
| 8 | purchase to use either the trips or mileage method. Persons who | ||||||
| 9 | purchased motor vehicles prior to July 1, 2004 shall make an | ||||||
| 10 | election to use either the trips or mileage method and document | ||||||
| 11 | that election in their books and records. If no election is | ||||||
| 12 | made under this subsection to use the trips or mileage method, | ||||||
| 13 | the person shall be deemed to have chosen the mileage method. | ||||||
| 14 | For purposes of determining qualifying trips or miles, | ||||||
| 15 | motor vehicles that carry persons or property for hire, even | ||||||
| 16 | just between points in Illinois, will be considered used for | ||||||
| 17 | hire in interstate commerce if the motor vehicle transports | ||||||
| 18 | persons whose journeys or property whose shipments originate or | ||||||
| 19 | terminate outside Illinois. The exemption for motor vehicles
| ||||||
| 20 | used as rolling stock moving in interstate commerce may be
| ||||||
| 21 | claimed only for the following vehicles: (i) motor vehicles | ||||||
| 22 | whose gross vehicle weight
rating exceeds 16,000 pounds; and | ||||||
| 23 | (ii) limousines, as defined in Section 1-139.1 of the Illinois | ||||||
| 24 | Vehicle Code. Through June 30, 2017, this definition applies to | ||||||
| 25 | all property purchased for the purpose of being attached to | ||||||
| 26 | those motor vehicles as a part thereof. On and after July 1, | ||||||
| |||||||
| |||||||
| 1 | 2017, this definition applies to property purchased for the | ||||||
| 2 | purpose of being attached to limousines as a part thereof. | ||||||
| 3 | (d) For purchases made through June 30, 2017, "use as | ||||||
| 4 | rolling stock moving in interstate commerce" in paragraph (d-1) | ||||||
| 5 | of the definition of "sale of service" in Section 2 occurs for | ||||||
| 6 | trailers, as defined in Section 1-209 of the Illinois Vehicle | ||||||
| 7 | Code, semitrailers as defined in Section 1-187 of the Illinois | ||||||
| 8 | Vehicle Code, and pole trailers as defined in Section 1-161 of | ||||||
| 9 | the Illinois Vehicle Code, when during a 12-month period the | ||||||
| 10 | rolling stock has carried persons or property for hire in | ||||||
| 11 | interstate commerce for greater than 50% of its total trips for | ||||||
| 12 | that period or for greater than 50% of its total miles for that | ||||||
| 13 | period. The person claiming the exemption for a trailer or | ||||||
| 14 | trailers that will not be dedicated to a motor vehicle or group | ||||||
| 15 | of motor vehicles shall make an election at the time of | ||||||
| 16 | purchase to use either the trips or mileage method. Persons who | ||||||
| 17 | purchased trailers prior to July 1, 2004 that are not dedicated | ||||||
| 18 | to a motor vehicle or group of motor vehicles shall make an | ||||||
| 19 | election to use either the trips or mileage method and document | ||||||
| 20 | that election in their books and records. If no election is | ||||||
| 21 | made under this subsection to use the trips or mileage method, | ||||||
| 22 | the person shall be deemed to have chosen the mileage method. | ||||||
| 23 | For purposes of determining qualifying trips or miles, | ||||||
| 24 | trailers, semitrailers, or pole trailers that carry property | ||||||
| 25 | for hire, even just between points in Illinois, will be | ||||||
| 26 | considered used for hire in interstate commerce if the | ||||||
| |||||||
| |||||||
| 1 | trailers, semitrailers, or pole trailers transport property | ||||||
| 2 | whose shipments originate or terminate outside Illinois. This | ||||||
| 3 | definition applies to all property purchased for the purpose of | ||||||
| 4 | being attached to those trailers, semitrailers, or pole | ||||||
| 5 | trailers as a part thereof. In lieu of a person providing | ||||||
| 6 | documentation regarding the qualifying use of each individual | ||||||
| 7 | trailer, semitrailer, or pole trailer, that person may document | ||||||
| 8 | such qualifying use by providing documentation of the | ||||||
| 9 | following: | ||||||
| 10 | (1) If a trailer, semitrailer, or pole trailer is | ||||||
| 11 | dedicated to a motor vehicle that qualifies as rolling | ||||||
| 12 | stock moving in interstate commerce under subsection (c) of | ||||||
| 13 | this Section, then that trailer, semitrailer, or pole | ||||||
| 14 | trailer qualifies as rolling stock moving in interstate | ||||||
| 15 | commerce under this subsection. | ||||||
| 16 | (2) If a trailer, semitrailer, or pole trailer is | ||||||
| 17 | dedicated to a group of motor vehicles that all qualify as | ||||||
| 18 | rolling stock moving in interstate commerce under | ||||||
| 19 | subsection (c) of this Section, then that trailer, | ||||||
| 20 | semitrailer, or pole trailer qualifies as rolling stock | ||||||
| 21 | moving in interstate commerce under this subsection. | ||||||
| 22 | (3) If one or more trailers, semitrailers, or pole | ||||||
| 23 | trailers are dedicated to a group of motor vehicles and not | ||||||
| 24 | all of those motor vehicles in that group qualify as | ||||||
| 25 | rolling stock moving in interstate commerce under | ||||||
| 26 | subsection (c) of this Section, then the percentage of | ||||||
| |||||||
| |||||||
| 1 | those trailers, semitrailers, or pole trailers that | ||||||
| 2 | qualifies as rolling stock moving in interstate commerce | ||||||
| 3 | under this subsection is equal to the percentage of those | ||||||
| 4 | motor vehicles in that group that qualify as rolling stock | ||||||
| 5 | moving in interstate commerce under subsection (c) of this | ||||||
| 6 | Section to which those trailers, semitrailers, or pole | ||||||
| 7 | trailers are dedicated. However, to determine the | ||||||
| 8 | qualification for the exemption provided under this item | ||||||
| 9 | (3), the mathematical application of the qualifying | ||||||
| 10 | percentage to one or more trailers, semitrailers, or pole | ||||||
| 11 | trailers under this subpart shall not be allowed as to any | ||||||
| 12 | fraction of a trailer, semitrailer, or pole trailer.
| ||||||
| 13 | (d-5) For motor vehicles and trailers purchased on or after | ||||||
| 14 | July 1, 2017, "use as rolling stock moving in interstate | ||||||
| 15 | commerce" means that: | ||||||
| 16 | (1) the motor vehicle or trailer is used to transport | ||||||
| 17 | persons or property for hire; | ||||||
| 18 | (2) for purposes of the exemption under paragraph (d-1) | ||||||
| 19 | of the definition of "sale of service" in Section 2, the | ||||||
| 20 | purchaser who is an owner, lessor, or shipper claiming the | ||||||
| 21 | exemption certifies that the motor vehicle or trailer will | ||||||
| 22 | be utilized, from the time of purchase and continuing | ||||||
| 23 | through the statute of limitations for issuing a notice of | ||||||
| 24 | tax liability under this Act, by an interstate carrier or | ||||||
| 25 | carriers for hire who hold, and are required by Federal | ||||||
| 26 | Motor Carrier Safety Administration regulations to hold, | ||||||
| |||||||
| |||||||
| 1 | an active USDOT Number with the Carrier Operation listed as | ||||||
| 2 | "Interstate" and the Operation Classification listed as | ||||||
| 3 | "authorized for hire", "exempt for hire", or both | ||||||
| 4 | "authorized for hire" and "exempt for hire"; except that | ||||||
| 5 | this paragraph (2) does not apply to a motor vehicle or | ||||||
| 6 | trailer used at an airport to support the operation of an | ||||||
| 7 | aircraft moving in interstate commerce, as long as (i) in | ||||||
| 8 | the case of a motor vehicle, the motor vehicle meets | ||||||
| 9 | paragraphs (1) and (3) of this subsection (d-5) or (ii) in | ||||||
| 10 | the case of a trailer, the trailer meets paragraph (1) of | ||||||
| 11 | this subsection (d-5); and | ||||||
| 12 | (3) for motor vehicles, the gross vehicle weight rating | ||||||
| 13 | exceeds 16,000 pounds. | ||||||
| 14 | The definition of "use as rolling stock moving in | ||||||
| 15 | interstate commerce" in this subsection (d-5) applies to all | ||||||
| 16 | property purchased on or after July 1, 2017 for the purpose of | ||||||
| 17 | being attached to a motor vehicle or trailer as a part thereof, | ||||||
| 18 | regardless of whether the motor vehicle or trailer was | ||||||
| 19 | purchased before, on, or after July 1, 2017. | ||||||
| 20 | If an item ceases to meet requirements (1) through (3) | ||||||
| 21 | under this subsection (d-5), then the tax is imposed on the | ||||||
| 22 | selling price, allowing for a reasonable depreciation for the | ||||||
| 23 | period during which the item qualified for the exemption. | ||||||
| 24 | For purposes of this subsection (d-5): | ||||||
| 25 | "Motor vehicle" excludes limousines, but otherwise | ||||||
| 26 | means that term as defined in Section 1-146 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Vehicle Code. | ||||||
| 2 | "Trailer" means (i) "trailer", as defined in Section | ||||||
| 3 | 1-209 of the Illinois Vehicle Code, (ii) "semitrailer", as | ||||||
| 4 | defined in Section 1-187 of the Illinois Vehicle Code, and | ||||||
| 5 | (iii) "pole trailer", as defined in Section 1-161 of the | ||||||
| 6 | Illinois Vehicle Code. | ||||||
| 7 | (e) For aircraft and watercraft purchased on or after | ||||||
| 8 | January 1, 2014, "use as rolling stock moving in interstate | ||||||
| 9 | commerce" in paragraph (d-1) of the definition of "sale of | ||||||
| 10 | service" in Section 2 occurs when, during a 12-month period, | ||||||
| 11 | the rolling stock has carried persons or property for hire in | ||||||
| 12 | interstate commerce for greater than 50% of its total trips for | ||||||
| 13 | that period or for greater than 50% of its total miles for that | ||||||
| 14 | period. The person claiming the exemption shall make an | ||||||
| 15 | election at the time of purchase to use either the trips or | ||||||
| 16 | mileage method and document that election in their books and | ||||||
| 17 | records. If no election is made under this subsection to use | ||||||
| 18 | the trips or mileage method, the person shall be deemed to have | ||||||
| 19 | chosen the mileage method. For aircraft, flight hours may be | ||||||
| 20 | used in lieu of recording miles in determining whether the | ||||||
| 21 | aircraft meets the mileage test in this subsection. For | ||||||
| 22 | watercraft, nautical miles or trip hours may be used in lieu of | ||||||
| 23 | recording miles in determining whether the watercraft meets the | ||||||
| 24 | mileage test in this subsection. | ||||||
| 25 | Notwithstanding any other provision of law to the contrary, | ||||||
| 26 | property purchased on or after January 1, 2014 for the purpose | ||||||
| |||||||
| |||||||
| 1 | of being attached to aircraft or watercraft as a part thereof | ||||||
| 2 | qualifies as rolling stock moving in interstate commerce only | ||||||
| 3 | if the aircraft or watercraft to which it will be attached | ||||||
| 4 | qualifies as rolling stock moving in interstate commerce under | ||||||
| 5 | the test set forth in this subsection (e), regardless of when | ||||||
| 6 | the aircraft or watercraft was purchased. Persons who purchased | ||||||
| 7 | aircraft or watercraft prior to January 1, 2014 shall make an | ||||||
| 8 | election to use either the trips or mileage method and document | ||||||
| 9 | that election in their books and records for the purpose of | ||||||
| 10 | determining whether property purchased on or after January 1, | ||||||
| 11 | 2014 for the purpose of being attached to aircraft or | ||||||
| 12 | watercraft as a part thereof qualifies as rolling stock moving | ||||||
| 13 | in interstate commerce under this subsection (e). | ||||||
| 14 | (f) The election to use either the trips or mileage method | ||||||
| 15 | made under the provisions of subsections (c), (d), or (e) of | ||||||
| 16 | this Section will remain in effect for the duration of the | ||||||
| 17 | purchaser's ownership of that item. | ||||||
| 18 | (Source: P.A. 100-321, eff. 8-24-17; revised 7-24-19.)
| ||||||
| 19 | Section 205. The Property Tax Code is amended by changing | ||||||
| 20 | Sections 3-5, 18-185, and 18-246 as follows:
| ||||||
| 21 | (35 ILCS 200/3-5)
| ||||||
| 22 | Sec. 3-5. Supervisor of assessments. In counties with less | ||||||
| 23 | than 3,000,000
inhabitants and in which no county assessor has | ||||||
| 24 | been elected under Section
3-45, there shall be a county | ||||||
| |||||||
| |||||||
| 1 | supervisor of assessments, either appointed as
provided in this | ||||||
| 2 | Section, or elected.
| ||||||
| 3 | In counties with less than 3,000,000 inhabitants and not | ||||||
| 4 | having an elected
county assessor or an elected supervisor of | ||||||
| 5 | assessments, the office of
supervisor of assessments shall be | ||||||
| 6 | filled by appointment by the presiding
officer of the county | ||||||
| 7 | board with the advice and consent of the county board.
| ||||||
| 8 | To be eligible for appointment or to be eligible to file | ||||||
| 9 | nomination
papers or participate as a candidate in any primary | ||||||
| 10 | or general election
for, or be elected to, the office of | ||||||
| 11 | supervisor of assessments, or to enter
upon the duties of the | ||||||
| 12 | office, a person must possess one of the following
| ||||||
| 13 | qualifications as certified by the Department to the county | ||||||
| 14 | clerk:
| ||||||
| 15 | (1) A currently active Certified Illinois Assessing | ||||||
| 16 | Officer designation from the Illinois
Property Assessment | ||||||
| 17 | Institute.
| ||||||
| 18 | (2) A currently active AAS, CAE, or MAS designation | ||||||
| 19 | from the International
Association of Assessing Officers.
| ||||||
| 20 | (3) A currently active MAI, SREA, SRPA, SRA, or RM | ||||||
| 21 | designation from the Appraisal Institute.
| ||||||
| 22 | (4) (blank).
| ||||||
| 23 | In addition, a person must have had at least 2 years' | ||||||
| 24 | experience in the field
of property sales, assessments, finance | ||||||
| 25 | or appraisals and must have passed an
examination conducted by | ||||||
| 26 | the Department to determine his or her competence to
hold the | ||||||
| |||||||
| |||||||
| 1 | office. The examination may be conducted by the Department at a
| ||||||
| 2 | convenient location in the county or region. Notice of the time | ||||||
| 3 | and place
shall be given by publication in a newspaper of | ||||||
| 4 | general circulation in the
counties, at least one week prior to | ||||||
| 5 | the exam. The Department shall certify to
the county board a | ||||||
| 6 | list of the names and scores of persons who pass the
| ||||||
| 7 | examination. The Department may provide by rule the maximum | ||||||
| 8 | time that the name
of a person who has passed the examination | ||||||
| 9 | will be included on a list of
persons eligible for appointment | ||||||
| 10 | or election. The term of office shall be 4
years from the date | ||||||
| 11 | of appointment and until a successor is appointed and
| ||||||
| 12 | qualified, or a successor is elected and qualified under | ||||||
| 13 | Section 3-52.
| ||||||
| 14 | (Source: P.A. 101-150, eff. 7-26-19; 101-467, eff. 8-23-19; | ||||||
| 15 | revised 9-19-19.)
| ||||||
| 16 | (35 ILCS 200/18-185)
| ||||||
| 17 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
| 18 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
| 19 | in this Division 5:
| ||||||
| 20 | "Consumer Price Index" means the Consumer Price Index for | ||||||
| 21 | All Urban
Consumers for all items published by the United | ||||||
| 22 | States Department of Labor.
| ||||||
| 23 | "Extension limitation" means (a) the lesser of 5% or the | ||||||
| 24 | percentage increase
in the Consumer Price Index during the | ||||||
| 25 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||
| |||||||
| |||||||
| 1 | of increase approved by voters under Section 18-205.
| ||||||
| 2 | "Affected county" means a county of 3,000,000 or more | ||||||
| 3 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
| 4 | more inhabitants.
| ||||||
| 5 | "Taxing district" has the same meaning provided in Section | ||||||
| 6 | 1-150, except as
otherwise provided in this Section. For the | ||||||
| 7 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
| 8 | only each non-home rule taxing district having the
majority of | ||||||
| 9 | its
1990 equalized assessed value within any county or counties | ||||||
| 10 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
| 11 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
| 12 | only each non-home rule taxing district
subject to this Law | ||||||
| 13 | before the 1995 levy year and each non-home rule
taxing | ||||||
| 14 | district not subject to this Law before the 1995 levy year | ||||||
| 15 | having the
majority of its 1994 equalized assessed value in an | ||||||
| 16 | affected county or
counties. Beginning with the levy year in
| ||||||
| 17 | which this Law becomes applicable to a taxing district as
| ||||||
| 18 | provided in Section 18-213, "taxing district" also includes | ||||||
| 19 | those taxing
districts made subject to this Law as provided in | ||||||
| 20 | Section 18-213.
| ||||||
| 21 | "Aggregate extension" for taxing districts to which this | ||||||
| 22 | Law applied before
the 1995 levy year means the annual | ||||||
| 23 | corporate extension for the taxing
district and those special | ||||||
| 24 | purpose extensions that are made annually for
the taxing | ||||||
| 25 | district, excluding special purpose extensions: (a) made for | ||||||
| 26 | the
taxing district to pay interest or principal on general | ||||||
| |||||||
| |||||||
| 1 | obligation bonds
that were approved by referendum; (b) made for | ||||||
| 2 | any taxing district to pay
interest or principal on general | ||||||
| 3 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
| 4 | any taxing district to pay interest or principal on bonds
| ||||||
| 5 | issued to refund or continue to refund those bonds issued | ||||||
| 6 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
| 7 | interest or principal on bonds
issued to refund or continue to | ||||||
| 8 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
| 9 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
| 10 | principal on revenue bonds issued before October 1, 1991 for | ||||||
| 11 | payment of
which a property tax levy or the full faith and | ||||||
| 12 | credit of the unit of local
government is pledged; however, a | ||||||
| 13 | tax for the payment of interest or principal
on those bonds | ||||||
| 14 | shall be made only after the governing body of the unit of | ||||||
| 15 | local
government finds that all other sources for payment are | ||||||
| 16 | insufficient to make
those payments; (f) made for payments | ||||||
| 17 | under a building commission lease when
the lease payments are | ||||||
| 18 | for the retirement of bonds issued by the commission
before | ||||||
| 19 | October 1, 1991, to pay for the building project; (g) made for | ||||||
| 20 | payments
due under installment contracts entered into before | ||||||
| 21 | October 1, 1991;
(h) made for payments of principal and | ||||||
| 22 | interest on bonds issued under the
Metropolitan Water | ||||||
| 23 | Reclamation District Act to finance construction projects
| ||||||
| 24 | initiated before October 1, 1991; (i) made for payments of | ||||||
| 25 | principal and
interest on limited bonds, as defined in Section | ||||||
| 26 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
| |||||||
| |||||||
| 1 | exceed the debt service extension base less
the amount in items | ||||||
| 2 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
| 3 | obligations, except obligations initially issued pursuant to
| ||||||
| 4 | referendum; (j) made for payments of principal and interest on | ||||||
| 5 | bonds
issued under Section 15 of the Local Government Debt | ||||||
| 6 | Reform Act; (k)
made
by a school district that participates in | ||||||
| 7 | the Special Education District of
Lake County, created by | ||||||
| 8 | special education joint agreement under Section
10-22.31 of the | ||||||
| 9 | School Code, for payment of the school district's share of the
| ||||||
| 10 | amounts required to be contributed by the Special Education | ||||||
| 11 | District of Lake
County to the Illinois Municipal Retirement | ||||||
| 12 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
| 13 | of any extension under this item (k) shall be
certified by the | ||||||
| 14 | school district to the county clerk; (l) made to fund
expenses | ||||||
| 15 | of providing joint recreational programs for persons with | ||||||
| 16 | disabilities under
Section 5-8 of
the
Park District Code or | ||||||
| 17 | Section 11-95-14 of the Illinois Municipal Code; (m) made for | ||||||
| 18 | temporary relocation loan repayment purposes pursuant to | ||||||
| 19 | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for | ||||||
| 20 | payment of principal and interest on any bonds issued under the | ||||||
| 21 | authority of Section 17-2.2d of the School Code; (o) made for | ||||||
| 22 | contributions to a firefighter's pension fund created under | ||||||
| 23 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
| 24 | amount certified under item (5) of Section 4-134 of the | ||||||
| 25 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
| 26 | first year after a township assumes the rights, powers, duties, | ||||||
| |||||||
| |||||||
| 1 | assets, property, liabilities, obligations, and
| ||||||
| 2 | responsibilities of a road district abolished under the | ||||||
| 3 | provisions of Section 6-133 of the Illinois Highway Code.
| ||||||
| 4 | "Aggregate extension" for the taxing districts to which | ||||||
| 5 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
| 6 | districts subject to this Law
in
accordance with Section | ||||||
| 7 | 18-213) means the annual corporate extension for the
taxing | ||||||
| 8 | district and those special purpose extensions that are made | ||||||
| 9 | annually for
the taxing district, excluding special purpose | ||||||
| 10 | extensions: (a) made for the
taxing district to pay interest or | ||||||
| 11 | principal on general obligation bonds that
were approved by | ||||||
| 12 | referendum; (b) made for any taxing district to pay interest
or | ||||||
| 13 | principal on general obligation bonds issued before March 1, | ||||||
| 14 | 1995; (c) made
for any taxing district to pay interest or | ||||||
| 15 | principal on bonds issued to refund
or continue to refund those | ||||||
| 16 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
| 17 | district to pay interest or principal on bonds issued to refund | ||||||
| 18 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
| 19 | were approved by
referendum; (e) made for any taxing district | ||||||
| 20 | to pay interest or principal on
revenue bonds issued before | ||||||
| 21 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
| 22 | full faith and credit of the unit of local government is | ||||||
| 23 | pledged;
however, a tax for the payment of interest or | ||||||
| 24 | principal on those bonds shall be
made only after the governing | ||||||
| 25 | body of the unit of local government finds that
all other | ||||||
| 26 | sources for payment are insufficient to make those payments; | ||||||
| |||||||
| |||||||
| 1 | (f) made
for payments under a building commission lease when | ||||||
| 2 | the lease payments are for
the retirement of bonds issued by | ||||||
| 3 | the commission before March 1, 1995 to
pay for the building | ||||||
| 4 | project; (g) made for payments due under installment
contracts | ||||||
| 5 | entered into before March 1, 1995; (h) made for payments of
| ||||||
| 6 | principal and interest on bonds issued under the Metropolitan | ||||||
| 7 | Water Reclamation
District Act to finance construction | ||||||
| 8 | projects initiated before October 1,
1991; (h-4) made for | ||||||
| 9 | stormwater management purposes by the Metropolitan Water | ||||||
| 10 | Reclamation District of Greater Chicago under Section 12 of the | ||||||
| 11 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
| 12 | payments of principal and interest on limited bonds,
as defined | ||||||
| 13 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
| 14 | amount
not to exceed the debt service extension base less the | ||||||
| 15 | amount in items (b),
(c), and (e) of this definition for | ||||||
| 16 | non-referendum obligations, except
obligations initially | ||||||
| 17 | issued pursuant to referendum and bonds described in
subsection | ||||||
| 18 | (h) of this definition; (j) made for payments of
principal and | ||||||
| 19 | interest on bonds issued under Section 15 of the Local | ||||||
| 20 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
| 21 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
| 22 | issued under Section 20a of the Chicago
Park District Act for | ||||||
| 23 | aquarium or
museum projects; (l) made for payments of principal | ||||||
| 24 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
| 25 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
| 26 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
| |||||||
| |||||||
| 1 | 42 of the Cook County
Forest Preserve District Act for | ||||||
| 2 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
| 3 | the Cook County Forest Preserve District Act for
botanical | ||||||
| 4 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
| 5 | School Code, whether levied annually or not;
(n) made to fund | ||||||
| 6 | expenses of providing joint recreational programs for persons | ||||||
| 7 | with disabilities under Section 5-8 of the Park
District Code | ||||||
| 8 | or Section 11-95-14 of the Illinois Municipal Code;
(o) made by | ||||||
| 9 | the
Chicago Park
District for recreational programs for persons | ||||||
| 10 | with disabilities under subsection (c) of
Section
7.06 of the | ||||||
| 11 | Chicago Park District Act; (p) made for contributions to a | ||||||
| 12 | firefighter's pension fund created under Article 4 of the | ||||||
| 13 | Illinois Pension Code, to the extent of the amount certified | ||||||
| 14 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
| 15 | (q) made by Ford Heights School District 169 under Section | ||||||
| 16 | 17-9.02 of the School Code; and (r) made for the purpose of | ||||||
| 17 | making employer contributions to the Public School Teachers' | ||||||
| 18 | Pension and Retirement Fund of Chicago under Section 34-53 of | ||||||
| 19 | the School Code.
| ||||||
| 20 | "Aggregate extension" for all taxing districts to which | ||||||
| 21 | this Law applies in
accordance with Section 18-213, except for | ||||||
| 22 | those taxing districts subject to
paragraph (2) of subsection | ||||||
| 23 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
| 24 | the
taxing district and those special purpose extensions that | ||||||
| 25 | are made annually for
the taxing district, excluding special | ||||||
| 26 | purpose extensions: (a) made for the
taxing district to pay | ||||||
| |||||||
| |||||||
| 1 | interest or principal on general obligation bonds that
were | ||||||
| 2 | approved by referendum; (b) made for any taxing district to pay | ||||||
| 3 | interest
or principal on general obligation bonds issued before | ||||||
| 4 | the date on which the
referendum making this
Law applicable to | ||||||
| 5 | the taxing district is held; (c) made
for any taxing district | ||||||
| 6 | to pay interest or principal on bonds issued to refund
or | ||||||
| 7 | continue to refund those bonds issued before the date on which | ||||||
| 8 | the
referendum making this Law
applicable to the taxing | ||||||
| 9 | district is held;
(d) made for any
taxing district to pay | ||||||
| 10 | interest or principal on bonds issued to refund or
continue to | ||||||
| 11 | refund bonds issued after the date on which the referendum | ||||||
| 12 | making
this Law
applicable to the taxing district is held if | ||||||
| 13 | the bonds were approved by
referendum after the date on which | ||||||
| 14 | the referendum making this Law
applicable to the taxing | ||||||
| 15 | district is held; (e) made for any
taxing district to pay | ||||||
| 16 | interest or principal on
revenue bonds issued before the date | ||||||
| 17 | on which the referendum making this Law
applicable to the
| ||||||
| 18 | taxing district is held for payment of which a property tax
| ||||||
| 19 | levy or the full faith and credit of the unit of local | ||||||
| 20 | government is pledged;
however, a tax for the payment of | ||||||
| 21 | interest or principal on those bonds shall be
made only after | ||||||
| 22 | the governing body of the unit of local government finds that
| ||||||
| 23 | all other sources for payment are insufficient to make those | ||||||
| 24 | payments; (f) made
for payments under a building commission | ||||||
| 25 | lease when the lease payments are for
the retirement of bonds | ||||||
| 26 | issued by the commission before the date on which the
| ||||||
| |||||||
| |||||||
| 1 | referendum making this
Law applicable to the taxing district is | ||||||
| 2 | held to
pay for the building project; (g) made for payments due | ||||||
| 3 | under installment
contracts entered into before the date on | ||||||
| 4 | which the referendum making this Law
applicable to
the taxing | ||||||
| 5 | district is held;
(h) made for payments
of principal and | ||||||
| 6 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
| 7 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
| 8 | service extension base less the amount in items (b),
(c), and | ||||||
| 9 | (e) of this definition for non-referendum obligations, except
| ||||||
| 10 | obligations initially issued pursuant to referendum; (i) made | ||||||
| 11 | for payments
of
principal and interest on bonds issued under | ||||||
| 12 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
| 13 | for a qualified airport authority to pay interest or principal | ||||||
| 14 | on
general obligation bonds issued for the purpose of paying | ||||||
| 15 | obligations due
under, or financing airport facilities | ||||||
| 16 | required to be acquired, constructed,
installed or equipped | ||||||
| 17 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
| 18 | not including any amendments to such a contract taking effect | ||||||
| 19 | on
or after that date); (k) made to fund expenses of providing | ||||||
| 20 | joint
recreational programs for persons with disabilities | ||||||
| 21 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
| 22 | of the Illinois Municipal Code; (l) made for contributions to a | ||||||
| 23 | firefighter's pension fund created under Article 4 of the | ||||||
| 24 | Illinois Pension Code, to the extent of the amount certified | ||||||
| 25 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
| 26 | and (m) made for the taxing district to pay interest or | ||||||
| |||||||
| |||||||
| 1 | principal on general obligation bonds issued pursuant to | ||||||
| 2 | Section 19-3.10 of the School Code.
| ||||||
| 3 | "Aggregate extension" for all taxing districts to which | ||||||
| 4 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
| 5 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
| 6 | the
taxing district and those special purpose extensions that | ||||||
| 7 | are made annually for
the taxing district, excluding special | ||||||
| 8 | purpose extensions: (a) made for the
taxing district to pay | ||||||
| 9 | interest or principal on general obligation bonds that
were | ||||||
| 10 | approved by referendum; (b) made for any taxing district to pay | ||||||
| 11 | interest
or principal on general obligation bonds issued before | ||||||
| 12 | March 7, 1997 (the effective date of Public Act 89-718)
this | ||||||
| 13 | amendatory Act of 1997;
(c) made
for any taxing district to pay | ||||||
| 14 | interest or principal on bonds issued to refund
or continue to | ||||||
| 15 | refund those bonds issued before March 7, 1997 (the effective | ||||||
| 16 | date
of Public Act 89-718) this amendatory Act of 1997;
(d) | ||||||
| 17 | made for any
taxing district to pay interest or principal on | ||||||
| 18 | bonds issued to refund or
continue to refund bonds issued after | ||||||
| 19 | March 7, 1997 (the effective date of Public Act 89-718) this | ||||||
| 20 | amendatory Act
of 1997 if the bonds were approved by referendum | ||||||
| 21 | after March 7, 1997 (the effective date of Public Act 89-718)
| ||||||
| 22 | this amendatory Act of 1997;
(e) made for any
taxing district | ||||||
| 23 | to pay interest or principal on
revenue bonds issued before | ||||||
| 24 | March 7, 1997 (the effective date of Public Act 89-718) this | ||||||
| 25 | amendatory Act of 1997
for payment of which a property tax
levy | ||||||
| 26 | or the full faith and credit of the unit of local government is | ||||||
| |||||||
| |||||||
| 1 | pledged;
however, a tax for the payment of interest or | ||||||
| 2 | principal on those bonds shall be
made only after the governing | ||||||
| 3 | body of the unit of local government finds that
all other | ||||||
| 4 | sources for payment are insufficient to make those payments; | ||||||
| 5 | (f) made
for payments under a building commission lease when | ||||||
| 6 | the lease payments are for
the retirement of bonds issued by | ||||||
| 7 | the commission before March 7, 1997 (the effective date
of | ||||||
| 8 | Public Act 89-718) this amendatory Act of 1997
to
pay for the | ||||||
| 9 | building project; (g) made for payments due under installment
| ||||||
| 10 | contracts entered into before March 7, 1997 (the effective date | ||||||
| 11 | of Public Act 89-718) this amendatory Act of
1997;
(h) made for | ||||||
| 12 | payments
of principal and interest on limited bonds,
as defined | ||||||
| 13 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
| 14 | amount
not to exceed the debt service extension base less the | ||||||
| 15 | amount in items (b),
(c), and (e) of this definition for | ||||||
| 16 | non-referendum obligations, except
obligations initially | ||||||
| 17 | issued pursuant to referendum; (i) made for payments
of
| ||||||
| 18 | principal and interest on bonds issued under Section 15 of the | ||||||
| 19 | Local Government
Debt Reform Act;
(j)
made for a qualified | ||||||
| 20 | airport authority to pay interest or principal on
general | ||||||
| 21 | obligation bonds issued for the purpose of paying obligations | ||||||
| 22 | due
under, or financing airport facilities required to be | ||||||
| 23 | acquired, constructed,
installed or equipped pursuant to, | ||||||
| 24 | contracts entered into before March
1, 1996 (but not including | ||||||
| 25 | any amendments to such a contract taking effect on
or after | ||||||
| 26 | that date); (k) made to fund expenses of providing joint
| ||||||
| |||||||
| |||||||
| 1 | recreational programs for persons with disabilities under | ||||||
| 2 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
| 3 | the Illinois Municipal Code; and (l) made for contributions to | ||||||
| 4 | a firefighter's pension fund created under Article 4 of the | ||||||
| 5 | Illinois Pension Code, to the extent of the amount certified | ||||||
| 6 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
| 7 | "Debt service extension base" means an amount equal to that | ||||||
| 8 | portion of the
extension for a taxing district for the 1994 | ||||||
| 9 | levy year, or for those taxing
districts subject to this Law in | ||||||
| 10 | accordance with Section 18-213, except for
those subject to | ||||||
| 11 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
| 12 | year in which the referendum making this Law applicable to the | ||||||
| 13 | taxing district
is held, or for those taxing districts subject | ||||||
| 14 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
| 15 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
| 16 | extension for payment of principal and interest on bonds issued | ||||||
| 17 | by the taxing
district without referendum, but not including | ||||||
| 18 | excluded non-referendum bonds. For park districts (i) that were | ||||||
| 19 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
| 20 | extension for the 1994 levy
year for the payment of principal | ||||||
| 21 | and interest on bonds issued by the park
district without | ||||||
| 22 | referendum (but not including excluded non-referendum bonds)
| ||||||
| 23 | was less than 51% of the amount for the 1991 levy year | ||||||
| 24 | constituting an
extension for payment of principal and interest | ||||||
| 25 | on bonds issued by the park
district without referendum (but | ||||||
| 26 | not including excluded non-referendum bonds),
"debt service | ||||||
| |||||||
| |||||||
| 1 | extension base" means an amount equal to that portion of the
| ||||||
| 2 | extension for the 1991 levy year constituting an extension for | ||||||
| 3 | payment of
principal and interest on bonds issued by the park | ||||||
| 4 | district without referendum
(but not including excluded | ||||||
| 5 | non-referendum bonds). A debt service extension base | ||||||
| 6 | established or increased at any time pursuant to any provision | ||||||
| 7 | of this Law, except Section 18-212, shall be increased each | ||||||
| 8 | year commencing with the later of (i) the 2009 levy year or | ||||||
| 9 | (ii) the first levy year in which this Law becomes applicable | ||||||
| 10 | to the taxing district, by the lesser of 5% or the percentage | ||||||
| 11 | increase in the Consumer Price Index during the 12-month | ||||||
| 12 | calendar year preceding the levy year. The debt service | ||||||
| 13 | extension
base may be established or increased as provided | ||||||
| 14 | under Section 18-212.
"Excluded non-referendum bonds" means | ||||||
| 15 | (i) bonds authorized by Public
Act 88-503 and issued under | ||||||
| 16 | Section 20a of the Chicago Park District Act for
aquarium and | ||||||
| 17 | museum projects; (ii) bonds issued under Section 15 of the
| ||||||
| 18 | Local Government Debt Reform Act; or (iii) refunding | ||||||
| 19 | obligations issued
to refund or to continue to refund | ||||||
| 20 | obligations initially issued pursuant to
referendum.
| ||||||
| 21 | "Special purpose extensions" include, but are not limited | ||||||
| 22 | to, extensions
for levies made on an annual basis for | ||||||
| 23 | unemployment and workers'
compensation, self-insurance, | ||||||
| 24 | contributions to pension plans, and extensions
made pursuant to | ||||||
| 25 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
| 26 | district's permanent road fund whether levied annually or not. | ||||||
| |||||||
| |||||||
| 1 | The
extension for a special service area is not included in the
| ||||||
| 2 | aggregate extension.
| ||||||
| 3 | "Aggregate extension base" means the taxing district's | ||||||
| 4 | last preceding
aggregate extension as adjusted under Sections | ||||||
| 5 | 18-135, 18-215,
18-230, and 18-206.
An adjustment under Section | ||||||
| 6 | 18-135 shall be made for the 2007 levy year and all subsequent | ||||||
| 7 | levy years whenever one or more counties within which a taxing | ||||||
| 8 | district is located (i) used estimated valuations or rates when | ||||||
| 9 | extending taxes in the taxing district for the last preceding | ||||||
| 10 | levy year that resulted in the over or under extension of | ||||||
| 11 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
| 12 | last preceding levy year as required by Section 18-135(c). | ||||||
| 13 | Whenever an adjustment is required under Section 18-135, the | ||||||
| 14 | aggregate extension base of the taxing district shall be equal | ||||||
| 15 | to the amount that the aggregate extension of the taxing | ||||||
| 16 | district would have been for the last preceding levy year if | ||||||
| 17 | either or both (i) actual, rather than estimated, valuations or | ||||||
| 18 | rates had been used to calculate the extension of taxes for the | ||||||
| 19 | last levy year, or (ii) the tax extension for the last | ||||||
| 20 | preceding levy year had not been adjusted as required by | ||||||
| 21 | subsection (c) of Section 18-135.
| ||||||
| 22 | Notwithstanding any other provision of law, for levy year | ||||||
| 23 | 2012, the aggregate extension base for West Northfield School | ||||||
| 24 | District No. 31 in Cook County shall be $12,654,592. | ||||||
| 25 | "Levy year" has the same meaning as "year" under Section
| ||||||
| 26 | 1-155.
| ||||||
| |||||||
| |||||||
| 1 | "New property" means (i) the assessed value, after final | ||||||
| 2 | board of review or
board of appeals action, of new improvements | ||||||
| 3 | or additions to existing
improvements on any parcel of real | ||||||
| 4 | property that increase the assessed value of
that real property | ||||||
| 5 | during the levy year multiplied by the equalization factor
| ||||||
| 6 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
| 7 | value, after
final board of review or board of appeals action, | ||||||
| 8 | of real property not exempt
from real estate taxation, which | ||||||
| 9 | real property was exempt from real estate
taxation for any | ||||||
| 10 | portion of the immediately preceding levy year, multiplied by
| ||||||
| 11 | the equalization factor issued by the Department under Section | ||||||
| 12 | 17-30, including the assessed value, upon final stabilization | ||||||
| 13 | of occupancy after new construction is complete, of any real | ||||||
| 14 | property located within the boundaries of an otherwise or | ||||||
| 15 | previously exempt military reservation that is intended for | ||||||
| 16 | residential use and owned by or leased to a private corporation | ||||||
| 17 | or other entity,
(iii) in counties that classify in accordance | ||||||
| 18 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
| 19 | incentive property's additional assessed value
resulting from | ||||||
| 20 | a
scheduled increase in the level of assessment as applied to | ||||||
| 21 | the first year
final board of
review market value, and (iv) any | ||||||
| 22 | increase in assessed value due to oil or gas production from an | ||||||
| 23 | oil or gas well required to be permitted under the Hydraulic | ||||||
| 24 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
| 25 | for during the previous levy year.
In addition, the county | ||||||
| 26 | clerk in a county containing a population of
3,000,000 or more | ||||||
| |||||||
| |||||||
| 1 | shall include in the 1997
recovered tax increment value for any | ||||||
| 2 | school district, any recovered tax
increment value that was | ||||||
| 3 | applicable to the 1995 tax year calculations.
| ||||||
| 4 | "Qualified airport authority" means an airport authority | ||||||
| 5 | organized under
the Airport Authorities Act and located in a | ||||||
| 6 | county bordering on the State of
Wisconsin and having a | ||||||
| 7 | population in excess of 200,000 and not greater than
500,000.
| ||||||
| 8 | "Recovered tax increment value" means, except as otherwise | ||||||
| 9 | provided in this
paragraph, the amount of the current year's | ||||||
| 10 | equalized assessed value, in the
first year after a | ||||||
| 11 | municipality terminates
the designation of an area as a | ||||||
| 12 | redevelopment project area previously
established under the | ||||||
| 13 | Tax Increment Allocation Redevelopment Development Act in the | ||||||
| 14 | Illinois
Municipal Code, previously established under the | ||||||
| 15 | Industrial Jobs Recovery Law
in the Illinois Municipal Code, | ||||||
| 16 | previously established under the Economic Development Project | ||||||
| 17 | Area Tax Increment Act of 1995, or previously established under | ||||||
| 18 | the Economic
Development Area Tax Increment Allocation Act, of | ||||||
| 19 | each taxable lot, block,
tract, or parcel of real property in | ||||||
| 20 | the redevelopment project area over and
above the initial | ||||||
| 21 | equalized assessed value of each property in the
redevelopment | ||||||
| 22 | project area.
For the taxes which are extended for the 1997 | ||||||
| 23 | levy year, the recovered tax
increment value for a non-home | ||||||
| 24 | rule taxing district that first became subject
to this Law for | ||||||
| 25 | the 1995 levy year because a majority of its 1994 equalized
| ||||||
| 26 | assessed value was in an affected county or counties shall be | ||||||
| |||||||
| |||||||
| 1 | increased if a
municipality terminated the designation of an | ||||||
| 2 | area in 1993 as a redevelopment
project area previously | ||||||
| 3 | established under the Tax Increment Allocation Redevelopment
| ||||||
| 4 | Development Act in the Illinois Municipal Code, previously | ||||||
| 5 | established under
the Industrial Jobs Recovery Law in the | ||||||
| 6 | Illinois Municipal Code, or previously
established under the | ||||||
| 7 | Economic Development Area Tax Increment Allocation Act,
by an | ||||||
| 8 | amount equal to the 1994 equalized assessed value of each | ||||||
| 9 | taxable lot,
block, tract, or parcel of real property in the | ||||||
| 10 | redevelopment project area over
and above the initial equalized | ||||||
| 11 | assessed value of each property in the
redevelopment project | ||||||
| 12 | area.
In the first year after a municipality
removes a taxable | ||||||
| 13 | lot, block, tract, or parcel of real property from a
| ||||||
| 14 | redevelopment project area established under the Tax Increment | ||||||
| 15 | Allocation Redevelopment
Development Act in the Illinois
| ||||||
| 16 | Municipal Code, the Industrial Jobs Recovery Law
in the | ||||||
| 17 | Illinois Municipal Code, or the Economic
Development Area Tax | ||||||
| 18 | Increment Allocation Act, "recovered tax increment value"
| ||||||
| 19 | means the amount of the current year's equalized assessed value | ||||||
| 20 | of each taxable
lot, block, tract, or parcel of real property | ||||||
| 21 | removed from the redevelopment
project area over and above the | ||||||
| 22 | initial equalized assessed value of that real
property before | ||||||
| 23 | removal from the redevelopment project area.
| ||||||
| 24 | Except as otherwise provided in this Section, "limiting | ||||||
| 25 | rate" means a
fraction the numerator of which is the last
| ||||||
| 26 | preceding aggregate extension base times an amount equal to one | ||||||
| |||||||
| |||||||
| 1 | plus the
extension limitation defined in this Section and the | ||||||
| 2 | denominator of which
is the current year's equalized assessed | ||||||
| 3 | value of all real property in the
territory under the | ||||||
| 4 | jurisdiction of the taxing district during the prior
levy year. | ||||||
| 5 | For those taxing districts that reduced their aggregate
| ||||||
| 6 | extension for the last preceding levy year, except for school | ||||||
| 7 | districts that reduced their extension for educational | ||||||
| 8 | purposes pursuant to Section 18-206, the highest aggregate | ||||||
| 9 | extension
in any of the last 3 preceding levy years shall be | ||||||
| 10 | used for the purpose of
computing the limiting rate. The | ||||||
| 11 | denominator shall not include new
property or the recovered tax | ||||||
| 12 | increment
value.
If a new rate, a rate decrease, or a limiting | ||||||
| 13 | rate increase has been approved at an election held after March | ||||||
| 14 | 21, 2006, then (i) the otherwise applicable limiting rate shall | ||||||
| 15 | be increased by the amount of the new rate or shall be reduced | ||||||
| 16 | by the amount of the rate decrease, as the case may be, or (ii) | ||||||
| 17 | in the case of a limiting rate increase, the limiting rate | ||||||
| 18 | shall be equal to the rate set forth
in the proposition | ||||||
| 19 | approved by the voters for each of the years specified in the | ||||||
| 20 | proposition, after
which the limiting rate of the taxing | ||||||
| 21 | district shall be calculated as otherwise provided. In the case | ||||||
| 22 | of a taxing district that obtained referendum approval for an | ||||||
| 23 | increased limiting rate on March 20, 2012, the limiting rate | ||||||
| 24 | for tax year 2012 shall be the rate that generates the | ||||||
| 25 | approximate total amount of taxes extendable for that tax year, | ||||||
| 26 | as set forth in the proposition approved by the voters; this | ||||||
| |||||||
| |||||||
| 1 | rate shall be the final rate applied by the county clerk for | ||||||
| 2 | the aggregate of all capped funds of the district for tax year | ||||||
| 3 | 2012.
| ||||||
| 4 | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; | ||||||
| 5 | 100-465, eff. 8-31-17; revised 8-12-19.)
| ||||||
| 6 | (35 ILCS 200/18-246)
| ||||||
| 7 | Sec. 18-246. Short title; definitions. This Division 5.1 | ||||||
| 8 | may be cited as the One-year Property Tax
Extension Limitation | ||||||
| 9 | Law.
| ||||||
| 10 | As used in this Division 5.1:
| ||||||
| 11 | "Taxing district" has the same meaning provided in Section | ||||||
| 12 | 1-150, except that
it includes only each non-home rule taxing | ||||||
| 13 | district with the majority of its
1993 equalized assessed value | ||||||
| 14 | contained in one or more affected counties, as
defined in | ||||||
| 15 | Section 18-185, other than those taxing districts subject to | ||||||
| 16 | the
Property Tax Extension Limitation Law before February 12, | ||||||
| 17 | 1995 (the effective date of Public Act 89-1) this
amendatory | ||||||
| 18 | Act of 1995.
| ||||||
| 19 | "Aggregate extension" means the annual corporate extension | ||||||
| 20 | for the taxing
district and those special purpose extensions | ||||||
| 21 | that are made annually for the
taxing district, excluding | ||||||
| 22 | special purpose extensions: (a) made for the taxing
district to | ||||||
| 23 | pay interest or principal on general obligation bonds that were
| ||||||
| 24 | approved by referendum; (b) made for any taxing district to pay | ||||||
| 25 | interest or
principal on general obligation bonds issued before | ||||||
| |||||||
| |||||||
| 1 | March 1, 1995; (c) made for
any taxing district to pay interest | ||||||
| 2 | or principal on bonds issued to refund or
continue to refund | ||||||
| 3 | those bonds issued before March 1, 1995; (d) made for any
| ||||||
| 4 | taxing district to pay interest or principal on bonds issued to | ||||||
| 5 | refund or
continue to refund bonds issued after March 1, 1995 | ||||||
| 6 | that were approved by
referendum; (e) made for any taxing | ||||||
| 7 | district to pay interest or principal on
revenue bonds issued | ||||||
| 8 | before March 1, 1995 for payment of which a property tax
levy | ||||||
| 9 | or the full faith and
credit of the unit of local government is | ||||||
| 10 | pledged; however, a tax for the
payment of interest or | ||||||
| 11 | principal on those bonds shall be made only after the
governing | ||||||
| 12 | body of the unit of local government finds that all other | ||||||
| 13 | sources for
payment are insufficient to make those payments; | ||||||
| 14 | (f) made for payments under a
building commission lease when | ||||||
| 15 | the lease payments are for the retirement of
bonds issued by | ||||||
| 16 | the commission before March 1, 1995, to pay
for the building | ||||||
| 17 | project; (g) made for payments due under installment contracts
| ||||||
| 18 | entered into before March 1, 1995; and (h) made for payments
of | ||||||
| 19 | principal and interest on bonds issued under the Metropolitan | ||||||
| 20 | Water
Reclamation District Act to finance construction | ||||||
| 21 | projects initiated before
October 1, 1991.
| ||||||
| 22 | "Special purpose extensions" includes, but is not limited | ||||||
| 23 | to, extensions for
levies made on an annual basis for | ||||||
| 24 | unemployment compensation, workers'
compensation, | ||||||
| 25 | self-insurance, contributions to pension plans, and extensions
| ||||||
| 26 | made under Section 6-601 of the Illinois Highway Code for a | ||||||
| |||||||
| |||||||
| 1 | road district's
permanent road fund, whether levied annually or | ||||||
| 2 | not. The extension for a
special service area is not included | ||||||
| 3 | in the aggregate extension.
| ||||||
| 4 | "Aggregate extension base" means the taxing district's | ||||||
| 5 | aggregate extension
for the 1993 levy year as adjusted under | ||||||
| 6 | Section 18-248.
| ||||||
| 7 | "Levy year" has the same meaning as "year" under Section | ||||||
| 8 | 1-155.
| ||||||
| 9 | "New property" means (i) the assessed value, after final | ||||||
| 10 | board of review
or board of appeals action, of new improvements | ||||||
| 11 | or additions to existing
improvements on any parcel of real | ||||||
| 12 | property that increase the assessed value of
that real property | ||||||
| 13 | during the levy year multiplied by the equalization factor
| ||||||
| 14 | issued by the Department under Section 17-30 and (ii) the | ||||||
| 15 | assessed value, after
final board of review or
board of appeals | ||||||
| 16 | action, of real property not exempt from real estate taxation,
| ||||||
| 17 | which real property was exempt from real estate taxation for | ||||||
| 18 | any portion of the
immediately preceding levy year, multiplied | ||||||
| 19 | by the equalization factor issued
by the Department under | ||||||
| 20 | Section 17-30.
| ||||||
| 21 | "Recovered tax increment value" means the amount of the | ||||||
| 22 | 1994 equalized
assessed value, in the first year after a city | ||||||
| 23 | terminates the designation of
an area as a redevelopment | ||||||
| 24 | project area previously established under the Tax
Increment | ||||||
| 25 | Allocation Redevelopment Development Act of the Illinois | ||||||
| 26 | Municipal Code
or previously established under the Industrial | ||||||
| |||||||
| |||||||
| 1 | Jobs Recovery
Law of the Illinois Municipal Code, or previously | ||||||
| 2 | established under the
Economic Development Area Tax Increment | ||||||
| 3 | Allocation Act, of each
taxable lot, block, tract, or parcel of | ||||||
| 4 | real property in the redevelopment
project area over and above | ||||||
| 5 | the initial equalized assessed value of each
property in the | ||||||
| 6 | redevelopment project area.
| ||||||
| 7 | Except as otherwise provided in this Section, "limiting | ||||||
| 8 | rate" means a
fraction the numerator of which is the aggregate | ||||||
| 9 | extension base times 1.05
and the denominator of which is the | ||||||
| 10 | 1994 equalized assessed value of all real
property in the | ||||||
| 11 | territory under the jurisdiction of the taxing district during
| ||||||
| 12 | the 1993 levy year. The denominator shall not include new | ||||||
| 13 | property and shall
not include the recovered tax increment | ||||||
| 14 | value.
| ||||||
| 15 | (Source: P.A. 91-357, eff. 7-29-99; revised 8-20-19.)
| ||||||
| 16 | Section 210. The Motor Fuel Tax Law is amended by changing | ||||||
| 17 | Section 8 as follows:
| ||||||
| 18 | (35 ILCS 505/8) (from Ch. 120, par. 424)
| ||||||
| 19 | Sec. 8. Except as provided in subsection (a-1) of this | ||||||
| 20 | Section, Section 8a, subdivision
(h)(1) of Section 12a, Section | ||||||
| 21 | 13a.6, and items
13, 14, 15, and 16 of Section 15, all money | ||||||
| 22 | received by the Department under
this Act, including payments | ||||||
| 23 | made to the Department by
member jurisdictions participating in | ||||||
| 24 | the International Fuel Tax Agreement,
shall be deposited in a | ||||||
| |||||||
| |||||||
| 1 | special fund in the State treasury, to be known as the
"Motor | ||||||
| 2 | Fuel Tax Fund", and shall be used as follows:
| ||||||
| 3 | (a) 2 1/2 cents per gallon of the tax collected on special | ||||||
| 4 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||
| 5 | Act shall be transferred
to the State Construction Account Fund | ||||||
| 6 | in the State Treasury; the remainder of the tax collected on | ||||||
| 7 | special fuel under
paragraph (b) of Section 2 and Section 13a | ||||||
| 8 | of this Act shall be deposited into the Road Fund;
| ||||||
| 9 | (a-1) Beginning on July 1, 2019, an amount equal to the | ||||||
| 10 | amount of tax collected under subsection (a) of Section 2 as a | ||||||
| 11 | result of the increase in the tax rate under Public Act 101-32 | ||||||
| 12 | this amendatory Act of the 101st General Assembly shall be | ||||||
| 13 | transferred each month into the Transportation Renewal Fund; . | ||||||
| 14 | (b) $420,000 shall be transferred each month to the State | ||||||
| 15 | Boating Act
Fund to be used by the Department of Natural | ||||||
| 16 | Resources for the purposes
specified in Article X of the Boat | ||||||
| 17 | Registration and Safety Act;
| ||||||
| 18 | (c) $3,500,000 shall be transferred each month to the Grade | ||||||
| 19 | Crossing
Protection Fund to be used as follows: not less than | ||||||
| 20 | $12,000,000 each fiscal
year shall be used for the construction | ||||||
| 21 | or reconstruction of rail highway grade
separation structures; | ||||||
| 22 | $2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in | ||||||
| 23 | fiscal year 2010 and each fiscal
year
thereafter shall be | ||||||
| 24 | transferred to the Transportation
Regulatory Fund and shall be | ||||||
| 25 | accounted for as part of the rail carrier
portion of such funds | ||||||
| 26 | and shall be used to pay the cost of administration
of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Commerce Commission's railroad safety program in | ||||||
| 2 | connection
with its duties under subsection (3) of Section | ||||||
| 3 | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||||||
| 4 | used by the Department of Transportation
upon order of the | ||||||
| 5 | Illinois Commerce Commission, to pay that part of the
cost | ||||||
| 6 | apportioned by such Commission to the State to cover the | ||||||
| 7 | interest
of the public in the use of highways, roads, streets, | ||||||
| 8 | or
pedestrian walkways in the
county highway system, township | ||||||
| 9 | and district road system, or municipal
street system as defined | ||||||
| 10 | in the Illinois Highway Code, as the same may
from time to time | ||||||
| 11 | be amended, for separation of grades, for installation,
| ||||||
| 12 | construction or reconstruction of crossing protection or | ||||||
| 13 | reconstruction,
alteration, relocation including construction | ||||||
| 14 | or improvement of any
existing highway necessary for access to | ||||||
| 15 | property or improvement of any
grade crossing and grade | ||||||
| 16 | crossing surface including the necessary highway approaches | ||||||
| 17 | thereto of any
railroad across the highway or public road, or | ||||||
| 18 | for the installation,
construction, reconstruction, or | ||||||
| 19 | maintenance of a pedestrian walkway over or
under a railroad | ||||||
| 20 | right-of-way, as provided for in and in
accordance with Section | ||||||
| 21 | 18c-7401 of the Illinois Vehicle Code.
The Commission may order | ||||||
| 22 | up to $2,000,000 per year in Grade Crossing Protection Fund | ||||||
| 23 | moneys for the improvement of grade crossing surfaces and up to | ||||||
| 24 | $300,000 per year for the maintenance and renewal of 4-quadrant | ||||||
| 25 | gate vehicle detection systems located at non-high speed rail | ||||||
| 26 | grade crossings. The Commission shall not order more than | ||||||
| |||||||
| |||||||
| 1 | $2,000,000 per year in Grade
Crossing Protection Fund moneys | ||||||
| 2 | for pedestrian walkways.
In entering orders for projects for | ||||||
| 3 | which payments from the Grade Crossing
Protection Fund will be | ||||||
| 4 | made, the Commission shall account for expenditures
authorized | ||||||
| 5 | by the orders on a cash rather than an accrual basis. For | ||||||
| 6 | purposes
of this requirement an "accrual basis" assumes that | ||||||
| 7 | the total cost of the
project is expended in the fiscal year in | ||||||
| 8 | which the order is entered, while a
"cash basis" allocates the | ||||||
| 9 | cost of the project among fiscal years as
expenditures are | ||||||
| 10 | actually made. To meet the requirements of this subsection,
the | ||||||
| 11 | Illinois Commerce Commission shall develop annual and 5-year | ||||||
| 12 | project plans
of rail crossing capital improvements that will | ||||||
| 13 | be paid for with moneys from
the Grade Crossing Protection | ||||||
| 14 | Fund. The annual project plan shall identify
projects for the | ||||||
| 15 | succeeding fiscal year and the 5-year project plan shall
| ||||||
| 16 | identify projects for the 5 directly succeeding fiscal years. | ||||||
| 17 | The Commission
shall submit the annual and 5-year project plans | ||||||
| 18 | for this Fund to the Governor,
the President of the Senate, the | ||||||
| 19 | Senate Minority Leader, the Speaker of the
House of | ||||||
| 20 | Representatives, and the Minority Leader of the House of
| ||||||
| 21 | Representatives on
the first Wednesday in April of each year;
| ||||||
| 22 | (d) of the amount remaining after allocations provided for | ||||||
| 23 | in
subsections (a), (a-1), (b), and (c), a sufficient amount | ||||||
| 24 | shall be reserved to
pay all of the following:
| ||||||
| 25 | (1) the costs of the Department of Revenue in | ||||||
| 26 | administering this
Act;
| ||||||
| |||||||
| |||||||
| 1 | (2) the costs of the Department of Transportation in | ||||||
| 2 | performing its
duties imposed by the Illinois Highway Code | ||||||
| 3 | for supervising the use of motor
fuel tax funds apportioned | ||||||
| 4 | to municipalities, counties and road districts;
| ||||||
| 5 | (3) refunds provided for in Section 13, refunds for | ||||||
| 6 | overpayment of decal fees paid under Section 13a.4 of this | ||||||
| 7 | Act, and refunds provided for under the terms
of the | ||||||
| 8 | International Fuel Tax Agreement referenced in Section | ||||||
| 9 | 14a;
| ||||||
| 10 | (4) from October 1, 1985 until June 30, 1994, the | ||||||
| 11 | administration of the
Vehicle Emissions Inspection Law, | ||||||
| 12 | which amount shall be certified monthly by
the | ||||||
| 13 | Environmental Protection Agency to the State Comptroller | ||||||
| 14 | and shall promptly
be transferred by the State Comptroller | ||||||
| 15 | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||||||
| 16 | Inspection Fund, and for the period July 1, 1994 through
| ||||||
| 17 | June 30, 2000, one-twelfth of $25,000,000 each month, for | ||||||
| 18 | the period July 1, 2000 through June 30, 2003,
one-twelfth | ||||||
| 19 | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | ||||||
| 20 | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| ||||||
| 21 | July
1 and October 1, or as soon thereafter as may be | ||||||
| 22 | practical, during the period July 1, 2004 through June 30, | ||||||
| 23 | 2012,
and $30,000,000 on June 1, 2013, or as soon | ||||||
| 24 | thereafter as may be practical, and $15,000,000 on July 1 | ||||||
| 25 | and October 1, or as soon thereafter as may be practical, | ||||||
| 26 | during the period of July 1, 2013 through June 30, 2015, | ||||||
| |||||||
| |||||||
| 1 | for the administration of the Vehicle Emissions Inspection | ||||||
| 2 | Law of
2005, to be transferred by the State Comptroller and | ||||||
| 3 | Treasurer from the Motor
Fuel Tax Fund into the Vehicle | ||||||
| 4 | Inspection Fund;
| ||||||
| 5 | (4.5) beginning on July 1, 2019, the costs of the | ||||||
| 6 | Environmental Protection Agency for the administration of | ||||||
| 7 | the Vehicle Emissions Inspection Law of 2005 shall be paid, | ||||||
| 8 | subject to appropriation, from the Motor Fuel Tax Fund into | ||||||
| 9 | the Vehicle Inspection Fund; beginning in 2019, no later | ||||||
| 10 | than December 31 of each year, or as soon thereafter as | ||||||
| 11 | practical, the State Comptroller shall direct and the State | ||||||
| 12 | Treasurer shall transfer from the Vehicle Inspection Fund | ||||||
| 13 | to the Motor Fuel Tax Fund any balance remaining in the | ||||||
| 14 | Vehicle Inspection Fund in excess of $2,000,000; | ||||||
| 15 | (5) amounts ordered paid by the Court of Claims; and
| ||||||
| 16 | (6) payment of motor fuel use taxes due to member | ||||||
| 17 | jurisdictions under
the terms of the International Fuel Tax | ||||||
| 18 | Agreement. The Department shall
certify these amounts to | ||||||
| 19 | the Comptroller by the 15th day of each month; the
| ||||||
| 20 | Comptroller shall cause orders to be drawn for such | ||||||
| 21 | amounts, and the Treasurer
shall administer those amounts | ||||||
| 22 | on or before the last day of each month;
| ||||||
| 23 | (e) after allocations for the purposes set forth in | ||||||
| 24 | subsections
(a), (a-1), (b), (c), and (d), the remaining amount | ||||||
| 25 | shall be apportioned as follows:
| ||||||
| 26 | (1) Until January 1, 2000, 58.4%, and beginning January | ||||||
| |||||||
| |||||||
| 1 | 1, 2000, 45.6%
shall be deposited as follows:
| ||||||
| 2 | (A) 37% into the State Construction Account Fund, | ||||||
| 3 | and
| ||||||
| 4 | (B) 63% into the Road Fund, $1,250,000 of which | ||||||
| 5 | shall be reserved each
month for the Department of | ||||||
| 6 | Transportation to be used in accordance with
the | ||||||
| 7 | provisions of Sections 6-901 through 6-906 of the | ||||||
| 8 | Illinois Highway Code;
| ||||||
| 9 | (2) Until January 1, 2000, 41.6%, and beginning January | ||||||
| 10 | 1, 2000, 54.4%
shall be transferred to the Department of | ||||||
| 11 | Transportation to be
distributed as follows:
| ||||||
| 12 | (A) 49.10% to the municipalities of the State,
| ||||||
| 13 | (B) 16.74% to the counties of the State having | ||||||
| 14 | 1,000,000 or more inhabitants,
| ||||||
| 15 | (C) 18.27% to the counties of the State having less | ||||||
| 16 | than 1,000,000 inhabitants,
| ||||||
| 17 | (D) 15.89% to the road districts of the State.
| ||||||
| 18 | If a township is dissolved under Article 24 of the | ||||||
| 19 | Township Code, McHenry County shall receive any moneys that | ||||||
| 20 | would have been distributed to the township under this | ||||||
| 21 | subparagraph, except that a municipality that assumes the | ||||||
| 22 | powers and responsibilities of a road district under | ||||||
| 23 | paragraph (6) of Section 24-35 of the Township Code shall | ||||||
| 24 | receive any moneys that would have been distributed to the | ||||||
| 25 | township in a percent equal to the area of the dissolved | ||||||
| 26 | road district or portion of the dissolved road district | ||||||
| |||||||
| |||||||
| 1 | over which the municipality assumed the powers and | ||||||
| 2 | responsibilities compared to the total area of the | ||||||
| 3 | dissolved township. The moneys received under this | ||||||
| 4 | subparagraph shall be used in the geographic area of the | ||||||
| 5 | dissolved township. If a township is reconstituted as | ||||||
| 6 | provided under Section 24-45 of the Township Code, McHenry | ||||||
| 7 | County or a municipality shall no longer be distributed | ||||||
| 8 | moneys under this subparagraph. | ||||||
| 9 | As soon as may be after the first day of each month, the | ||||||
| 10 | Department of
Transportation shall allot to each municipality | ||||||
| 11 | its share of the amount
apportioned to the several | ||||||
| 12 | municipalities which shall be in proportion
to the population | ||||||
| 13 | of such municipalities as determined by the last
preceding | ||||||
| 14 | municipal census if conducted by the Federal Government or
| ||||||
| 15 | Federal census. If territory is annexed to any municipality | ||||||
| 16 | subsequent
to the time of the last preceding census the | ||||||
| 17 | corporate authorities of
such municipality may cause a census | ||||||
| 18 | to be taken of such annexed
territory and the population so | ||||||
| 19 | ascertained for such territory shall be
added to the population | ||||||
| 20 | of the municipality as determined by the last
preceding census | ||||||
| 21 | for the purpose of determining the allotment for that
| ||||||
| 22 | municipality. If the population of any municipality was not | ||||||
| 23 | determined
by the last Federal census preceding any | ||||||
| 24 | apportionment, the
apportionment to such municipality shall be | ||||||
| 25 | in accordance with any
census taken by such municipality. Any | ||||||
| 26 | municipal census used in
accordance with this Section shall be | ||||||
| |||||||
| |||||||
| 1 | certified to the Department of
Transportation by the clerk of | ||||||
| 2 | such municipality, and the accuracy
thereof shall be subject to | ||||||
| 3 | approval of the Department which may make
such corrections as | ||||||
| 4 | it ascertains to be necessary.
| ||||||
| 5 | As soon as may be after the first day of each month, the | ||||||
| 6 | Department of
Transportation shall allot to each county its | ||||||
| 7 | share of the amount
apportioned to the several counties of the | ||||||
| 8 | State as herein provided.
Each allotment to the several | ||||||
| 9 | counties having less than 1,000,000
inhabitants shall be in | ||||||
| 10 | proportion to the amount of motor vehicle
license fees received | ||||||
| 11 | from the residents of such counties, respectively,
during the | ||||||
| 12 | preceding calendar year. The Secretary of State shall, on or
| ||||||
| 13 | before April 15 of each year, transmit to the Department of
| ||||||
| 14 | Transportation a full and complete report showing the amount of | ||||||
| 15 | motor
vehicle license fees received from the residents of each | ||||||
| 16 | county,
respectively, during the preceding calendar year. The | ||||||
| 17 | Department of
Transportation shall, each month, use for | ||||||
| 18 | allotment purposes the last
such report received from the | ||||||
| 19 | Secretary of State.
| ||||||
| 20 | As soon as may be after the first day of each month, the | ||||||
| 21 | Department
of Transportation shall allot to the several | ||||||
| 22 | counties their share of the
amount apportioned for the use of | ||||||
| 23 | road districts. The allotment shall
be apportioned among the | ||||||
| 24 | several counties in the State in the proportion
which the total | ||||||
| 25 | mileage of township or district roads in the respective
| ||||||
| 26 | counties bears to the total mileage of all township and | ||||||
| |||||||
| |||||||
| 1 | district roads
in the State. Funds allotted to the respective | ||||||
| 2 | counties for the use of
road districts therein shall be | ||||||
| 3 | allocated to the several road districts
in the county in the | ||||||
| 4 | proportion which the total mileage of such township
or district | ||||||
| 5 | roads in the respective road districts bears to the total
| ||||||
| 6 | mileage of all such township or district roads in the county. | ||||||
| 7 | After
July 1 of any year prior to 2011, no allocation shall be | ||||||
| 8 | made for any road district
unless it levied a tax for road and | ||||||
| 9 | bridge purposes in an amount which
will require the extension | ||||||
| 10 | of such tax against the taxable property in
any such road | ||||||
| 11 | district at a rate of not less than either .08% of the value
| ||||||
| 12 | thereof, based upon the assessment for the year immediately | ||||||
| 13 | prior to the year
in which such tax was levied and as equalized | ||||||
| 14 | by the Department of Revenue
or, in DuPage County, an amount | ||||||
| 15 | equal to or greater than $12,000 per mile of
road under the | ||||||
| 16 | jurisdiction of the road district, whichever is less. Beginning | ||||||
| 17 | July 1, 2011 and each July 1 thereafter, an allocation shall be | ||||||
| 18 | made for any road district
if it levied a tax for road and | ||||||
| 19 | bridge purposes. In counties other than DuPage County, if the | ||||||
| 20 | amount of the tax levy requires the extension of the tax | ||||||
| 21 | against the taxable property in
the road district at a rate | ||||||
| 22 | that is less than 0.08% of the value
thereof, based upon the | ||||||
| 23 | assessment for the year immediately prior to the year
in which | ||||||
| 24 | the tax was levied and as equalized by the Department of | ||||||
| 25 | Revenue, then the amount of the allocation for that road | ||||||
| 26 | district shall be a percentage of the maximum allocation equal | ||||||
| |||||||
| |||||||
| 1 | to the percentage obtained by dividing the rate extended by the | ||||||
| 2 | district by 0.08%. In DuPage County, if the amount of the tax | ||||||
| 3 | levy requires the extension of the tax against the taxable | ||||||
| 4 | property in
the road district at a rate that is less than the | ||||||
| 5 | lesser of (i) 0.08% of the value
of the taxable property in the | ||||||
| 6 | road district, based upon the assessment for the year | ||||||
| 7 | immediately prior to the year
in which such tax was levied and | ||||||
| 8 | as equalized by the Department of Revenue,
or (ii) a rate that | ||||||
| 9 | will yield an amount equal to $12,000 per mile of
road under | ||||||
| 10 | the jurisdiction of the road district, then the amount of the | ||||||
| 11 | allocation for the road district shall be a percentage of the | ||||||
| 12 | maximum allocation equal to the percentage obtained by dividing | ||||||
| 13 | the rate extended by the district by the lesser of (i) 0.08% or | ||||||
| 14 | (ii) the rate that will yield an amount equal to $12,000 per | ||||||
| 15 | mile of
road under the jurisdiction of the road district. | ||||||
| 16 | Prior to 2011, if any
road district has levied a special | ||||||
| 17 | tax for road purposes
pursuant to Sections 6-601, 6-602, and | ||||||
| 18 | 6-603 of the Illinois Highway Code, and
such tax was levied in | ||||||
| 19 | an amount which would require extension at a
rate of not less | ||||||
| 20 | than .08% of the value of the taxable property thereof,
as | ||||||
| 21 | equalized or assessed by the Department of Revenue,
or, in | ||||||
| 22 | DuPage County, an amount equal to or greater than $12,000 per | ||||||
| 23 | mile of
road under the jurisdiction of the road district, | ||||||
| 24 | whichever is less,
such levy shall, however, be deemed a proper | ||||||
| 25 | compliance with this
Section and shall qualify such road | ||||||
| 26 | district for an allotment under this
Section. Beginning in 2011 | ||||||
| |||||||
| |||||||
| 1 | and thereafter, if any
road district has levied a special tax | ||||||
| 2 | for road purposes
under Sections 6-601, 6-602, and 6-603 of the | ||||||
| 3 | Illinois Highway Code, and
the tax was levied in an amount that | ||||||
| 4 | would require extension at a
rate of not less than 0.08% of the | ||||||
| 5 | value of the taxable property of that road district,
as | ||||||
| 6 | equalized or assessed by the Department of Revenue or, in | ||||||
| 7 | DuPage County, an amount equal to or greater than $12,000 per | ||||||
| 8 | mile of road under the jurisdiction of the road district, | ||||||
| 9 | whichever is less, that levy shall be deemed a proper | ||||||
| 10 | compliance with this
Section and shall qualify such road | ||||||
| 11 | district for a full, rather than proportionate, allotment under | ||||||
| 12 | this
Section. If the levy for the special tax is less than | ||||||
| 13 | 0.08% of the value of the taxable property, or, in DuPage | ||||||
| 14 | County if the levy for the special tax is less than the lesser | ||||||
| 15 | of (i) 0.08% or (ii) $12,000 per mile of road under the | ||||||
| 16 | jurisdiction of the road district, and if the levy for the | ||||||
| 17 | special tax is more than any other levy for road and bridge | ||||||
| 18 | purposes, then the levy for the special tax qualifies the road | ||||||
| 19 | district for a proportionate, rather than full, allotment under | ||||||
| 20 | this Section. If the levy for the special tax is equal to or | ||||||
| 21 | less than any other levy for road and bridge purposes, then any | ||||||
| 22 | allotment under this Section shall be determined by the other | ||||||
| 23 | levy for road and bridge purposes. | ||||||
| 24 | Prior to 2011, if a township has transferred to the road | ||||||
| 25 | and bridge fund
money which, when added to the amount of any | ||||||
| 26 | tax levy of the road
district would be the equivalent of a tax | ||||||
| |||||||
| |||||||
| 1 | levy requiring extension at a
rate of at least .08%, or, in | ||||||
| 2 | DuPage County, an amount equal to or greater
than $12,000 per | ||||||
| 3 | mile of road under the jurisdiction of the road district,
| ||||||
| 4 | whichever is less, such transfer, together with any such tax | ||||||
| 5 | levy,
shall be deemed a proper compliance with this Section and | ||||||
| 6 | shall qualify
the road district for an allotment under this | ||||||
| 7 | Section.
| ||||||
| 8 | In counties in which a property tax extension limitation is | ||||||
| 9 | imposed
under the Property Tax Extension Limitation Law, road | ||||||
| 10 | districts may retain
their entitlement to a motor fuel tax | ||||||
| 11 | allotment or, beginning in 2011, their entitlement to a full | ||||||
| 12 | allotment if, at the time the property
tax
extension limitation | ||||||
| 13 | was imposed, the road district was levying a road and
bridge | ||||||
| 14 | tax at a rate sufficient to entitle it to a motor fuel tax | ||||||
| 15 | allotment
and continues to levy the maximum allowable amount | ||||||
| 16 | after the imposition of the
property tax extension limitation. | ||||||
| 17 | Any road district may in all circumstances
retain its | ||||||
| 18 | entitlement to a motor fuel tax allotment or, beginning in | ||||||
| 19 | 2011, its entitlement to a full allotment if it levied a road | ||||||
| 20 | and
bridge tax in an amount that will require the extension of | ||||||
| 21 | the tax against the
taxable property in the road district at a | ||||||
| 22 | rate of not less than 0.08% of the
assessed value of the | ||||||
| 23 | property, based upon the assessment for the year
immediately | ||||||
| 24 | preceding the year in which the tax was levied and as equalized | ||||||
| 25 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
| 26 | equal to or greater
than $12,000 per mile of road under the | ||||||
| |||||||
| |||||||
| 1 | jurisdiction of the road district,
whichever is less.
| ||||||
| 2 | As used in this Section, the term "road district" means any | ||||||
| 3 | road
district, including a county unit road district, provided | ||||||
| 4 | for by the
Illinois Highway Code; and the term "township or | ||||||
| 5 | district road"
means any road in the township and district road | ||||||
| 6 | system as defined in the
Illinois Highway Code. For the | ||||||
| 7 | purposes of this Section, "township or
district road" also | ||||||
| 8 | includes such roads as are maintained by park
districts, forest | ||||||
| 9 | preserve districts and conservation districts. The
Department | ||||||
| 10 | of Transportation shall determine the mileage of all township
| ||||||
| 11 | and district roads for the purposes of making allotments and | ||||||
| 12 | allocations of
motor fuel tax funds for use in road districts.
| ||||||
| 13 | Payment of motor fuel tax moneys to municipalities and | ||||||
| 14 | counties shall
be made as soon as possible after the allotment | ||||||
| 15 | is made. The treasurer
of the municipality or county may invest | ||||||
| 16 | these funds until their use is
required and the interest earned | ||||||
| 17 | by these investments shall be limited
to the same uses as the | ||||||
| 18 | principal funds.
| ||||||
| 19 | (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; | ||||||
| 20 | 101-493, eff. 8-23-19; revised 9-24-19.)
| ||||||
| 21 | Section 215. The Illinois Pension Code is amended by | ||||||
| 22 | changing Sections 1-109, 4-117, 4-141, 14-125, 15-155, 16-158, | ||||||
| 23 | 16-190.5, and 16-203 as follows:
| ||||||
| 24 | (40 ILCS 5/1-109) (from Ch. 108 1/2, par. 1-109)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 1-109. Duties of fiduciaries. A fiduciary with
respect | ||||||
| 2 | to a retirement system or pension fund established
under this | ||||||
| 3 | Code shall discharge his or her duties with respect to the
| ||||||
| 4 | retirement system or pension fund solely in the interest of the | ||||||
| 5 | participants
and beneficiaries and:
| ||||||
| 6 | (a) for the exclusive purpose of:
| ||||||
| 7 | (1) providing benefits to participants and their | ||||||
| 8 | beneficiaries; and
| ||||||
| 9 | (2) defraying reasonable expenses of administering | ||||||
| 10 | the retirement system
or pension fund;
| ||||||
| 11 | (b) with the care, skill, prudence and diligence under | ||||||
| 12 | the circumstances
then prevailing that a prudent man acting | ||||||
| 13 | in a like capacity and familiar
with such matters would use | ||||||
| 14 | in the conduct of an enterprise of a like character
with | ||||||
| 15 | like aims;
| ||||||
| 16 | (c) by diversifying the investments of the retirement | ||||||
| 17 | system
or pension fund so as to minimize the risk of large | ||||||
| 18 | losses, unless under
the circumstances
it is clearly | ||||||
| 19 | prudent not to do so; and
| ||||||
| 20 | (d) in accordance with the provisions of the Article of | ||||||
| 21 | this the Pension Code
governing the retirement system or | ||||||
| 22 | pension fund.
| ||||||
| 23 | (Source: P.A. 82-960; revised 11-26-19.)
| ||||||
| 24 | (40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
| ||||||
| 25 | Sec. 4-117. Reentry into active service. | ||||||
| |||||||
| |||||||
| 1 | (a) If a firefighter receiving
pension payments
reenters | ||||||
| 2 | active service, pension payments shall be suspended while he
or | ||||||
| 3 | she is in service. If the firefighter again retires or is | ||||||
| 4 | discharged,
his or her monthly pension shall be resumed in the | ||||||
| 5 | same amount as was paid
upon first retirement or discharge
| ||||||
| 6 | unless he or she remained in active service 3 or more years | ||||||
| 7 | after re-entry
in which case the monthly pension shall be based | ||||||
| 8 | on the salary attached
to the firefighter's rank at the date of | ||||||
| 9 | last retirement.
| ||||||
| 10 | (b) If a deferred pensioner re-enters active service, and | ||||||
| 11 | again retires
or is discharged from the fire service, his or | ||||||
| 12 | her pension shall be based
on the salary attached to the rank | ||||||
| 13 | held in the fire service at the date
of earlier retirement, | ||||||
| 14 | unless the firefighter remains in active service
for 3 or more | ||||||
| 15 | years after re-entry, in which case the monthly pension shall
| ||||||
| 16 | be based on the salary attached to the firefighter's rank at | ||||||
| 17 | the date of
last retirement.
| ||||||
| 18 | (c) If a pensioner or deferred pensioner re-enters or is | ||||||
| 19 | recalled
to active service and
is thereafter injured, and the | ||||||
| 20 | injury
is not related to an injury for which he or she was | ||||||
| 21 | previously receiving
a disability pension,
the 3-year 3 year | ||||||
| 22 | service requirement shall not apply in order
for the | ||||||
| 23 | firefighter to qualify for the increased pension based on
the | ||||||
| 24 | rate of pay at the time of the
new injury.
| ||||||
| 25 | (Source: P.A. 83-1440; revised 7-17-19.)
| ||||||
| |||||||
| |||||||
| 1 | (40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
| ||||||
| 2 | Sec. 4-141. Referendum in municipalities less than 5,000. | ||||||
| 3 | This Article shall become effective in any municipality of less | ||||||
| 4 | than
5,000, population if the proposition to adopt
the Article | ||||||
| 5 | is submitted to and approved by the voters of the
municipality | ||||||
| 6 | in the manner herein provided.
| ||||||
| 7 | Whenever the electors of the municipality equal in number | ||||||
| 8 | to 5% of
the number of legal votes cast at the last preceding | ||||||
| 9 | general municipal
election for mayor or president, as the case | ||||||
| 10 | may be, petition the
corporate authorities of the municipality | ||||||
| 11 | to submit the proposition whether that
municipality shall adopt | ||||||
| 12 | this Article, the municipal clerk shall certify
the proposition | ||||||
| 13 | to the proper election official who shall submit it to the
| ||||||
| 14 | electors in accordance with the general election law at the | ||||||
| 15 | next
succeeding regular election in the municipality. If the | ||||||
| 16 | proposition is not
adopted at that
election, it may be | ||||||
| 17 | submitted in like manner at any regular
election thereafter.
| ||||||
| 18 | The proposition
shall be substantially in the following | ||||||
| 19 | form:
| ||||||
| 20 | -------------------------------------------------------------
| ||||||
| 21 | Shall the city (or village or
| ||||||
| 22 | incorporated town as the case may be) YES
| ||||||
| 23 | of.... adopt Article 4 of the
| ||||||
| 24 | "Illinois Pension Code", ------------------
| ||||||
| 25 | providing for a Firefighters' NO
| ||||||
| 26 | Pension Fund and the levying
| ||||||
| |||||||
| |||||||
| 1 | of an annual tax therefor?
| ||||||
| 2 | -------------------------------------------------------------
| ||||||
| 3 | If a majority of the votes cast on the proposition is for | ||||||
| 4 | the proposition,
this Article is adopted in that
municipality.
| ||||||
| 5 | (Source: P.A. 83-1440; revised 7-17-19.)
| ||||||
| 6 | (40 ILCS 5/14-125) (from Ch. 108 1/2, par. 14-125)
| ||||||
| 7 | Sec. 14-125. Nonoccupational disability benefit; amount | ||||||
| 8 | benefit - Amount of. The
nonoccupational disability benefit | ||||||
| 9 | shall be 50% of the member's final
average compensation at the | ||||||
| 10 | time disability occurred. In the case of a
member whose benefit | ||||||
| 11 | was resumed due to the same disability, the amount of
the | ||||||
| 12 | benefit shall be the same
as that last paid before resumption | ||||||
| 13 | of State employment. In the event
that a temporary disability | ||||||
| 14 | benefit has been received, the nonoccupational
disability | ||||||
| 15 | benefit shall be subject to adjustment by the Board under | ||||||
| 16 | Section 14-123.1.
| ||||||
| 17 | If a covered employee is eligible for a disability benefit | ||||||
| 18 | before attaining the Social Security full retirement
age or a | ||||||
| 19 | retirement benefit on or after attaining the Social Security | ||||||
| 20 | full retirement age under the federal
Federal Social Security | ||||||
| 21 | Act, the amount of the member's nonoccupational disability
| ||||||
| 22 | benefit shall be reduced by the amount of primary benefit the | ||||||
| 23 | member would
be eligible to receive
under such Act, whether or | ||||||
| 24 | not entitlement thereto came
about as the result of service as | ||||||
| 25 | a covered employee under this Article.
The Board may make such | ||||||
| |||||||
| |||||||
| 1 | reduction if it appears that the employee may be
so eligible | ||||||
| 2 | pending determination of eligibility and make an appropriate
| ||||||
| 3 | adjustment if necessary after such determination. The amount of | ||||||
| 4 | any
nonoccupational
disability benefit payable under
this | ||||||
| 5 | Article shall not be reduced by reason of any increase under | ||||||
| 6 | the federal
Federal Social Security Act which occurs after the | ||||||
| 7 | offset required by this
Section is first applied to that | ||||||
| 8 | benefit.
| ||||||
| 9 | As used in this Section subsection, "Social Security full | ||||||
| 10 | retirement age" means the age at which an individual is | ||||||
| 11 | eligible to receive full Social Security retirement benefits. | ||||||
| 12 | (Source: P.A. 101-54, eff. 7-12-19; revised 8-13-19.)
| ||||||
| 13 | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
| ||||||
| 14 | Sec. 15-155. Employer contributions.
| ||||||
| 15 | (a) The State of Illinois shall make contributions by | ||||||
| 16 | appropriations of
amounts which, together with the other | ||||||
| 17 | employer contributions from trust,
federal, and other funds, | ||||||
| 18 | employee contributions, income from investments,
and other | ||||||
| 19 | income of this System, will be sufficient to meet the cost of
| ||||||
| 20 | maintaining and administering the System on a 90% funded basis | ||||||
| 21 | in accordance
with actuarial recommendations.
| ||||||
| 22 | The Board shall determine the amount of State contributions | ||||||
| 23 | required for
each fiscal year on the basis of the actuarial | ||||||
| 24 | tables and other assumptions
adopted by the Board and the | ||||||
| 25 | recommendations of the actuary, using the formula
in subsection | ||||||
| |||||||
| |||||||
| 1 | (a-1).
| ||||||
| 2 | (a-1) For State fiscal years 2012 through 2045, the minimum | ||||||
| 3 | contribution
to the System to be made by the State for each | ||||||
| 4 | fiscal year shall be an amount
determined by the System to be | ||||||
| 5 | sufficient to bring the total assets of the
System up to 90% of | ||||||
| 6 | the total actuarial liabilities of the System by the end of
| ||||||
| 7 | State fiscal year 2045. In making these determinations, the | ||||||
| 8 | required State
contribution shall be calculated each year as a | ||||||
| 9 | level percentage of payroll
over the years remaining to and | ||||||
| 10 | including fiscal year 2045 and shall be
determined under the | ||||||
| 11 | projected unit credit actuarial cost method.
| ||||||
| 12 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
| 13 | State shall make an additional contribution to the System equal | ||||||
| 14 | to 2% of the total payroll of each employee who is deemed to | ||||||
| 15 | have elected the benefits under Section 1-161 or who has made | ||||||
| 16 | the election under subsection (c) of Section 1-161. | ||||||
| 17 | A change in an actuarial or investment assumption that | ||||||
| 18 | increases or
decreases the required State contribution and | ||||||
| 19 | first
applies in State fiscal year 2018 or thereafter shall be
| ||||||
| 20 | implemented in equal annual amounts over a 5-year period
| ||||||
| 21 | beginning in the State fiscal year in which the actuarial
| ||||||
| 22 | change first applies to the required State contribution. | ||||||
| 23 | A change in an actuarial or investment assumption that | ||||||
| 24 | increases or
decreases the required State contribution and | ||||||
| 25 | first
applied to the State contribution in fiscal year 2014, | ||||||
| 26 | 2015, 2016, or 2017 shall be
implemented: | ||||||
| |||||||
| |||||||
| 1 | (i) as already applied in State fiscal years before | ||||||
| 2 | 2018; and | ||||||
| 3 | (ii) in the portion of the 5-year period beginning in | ||||||
| 4 | the State fiscal year in which the actuarial
change first | ||||||
| 5 | applied that occurs in State fiscal year 2018 or | ||||||
| 6 | thereafter, by calculating the change in equal annual | ||||||
| 7 | amounts over that 5-year period and then implementing it at | ||||||
| 8 | the resulting annual rate in each of the remaining fiscal | ||||||
| 9 | years in that 5-year period. | ||||||
| 10 | For State fiscal years 1996 through 2005, the State | ||||||
| 11 | contribution to
the System, as a percentage of the applicable | ||||||
| 12 | employee payroll, shall be
increased in equal annual increments | ||||||
| 13 | so that by State fiscal year 2011, the
State is contributing at | ||||||
| 14 | the rate required under this Section.
| ||||||
| 15 | Notwithstanding any other provision of this Article, the | ||||||
| 16 | total required State
contribution for State fiscal year 2006 is | ||||||
| 17 | $166,641,900.
| ||||||
| 18 | Notwithstanding any other provision of this Article, the | ||||||
| 19 | total required State
contribution for State fiscal year 2007 is | ||||||
| 20 | $252,064,100.
| ||||||
| 21 | For each of State fiscal years 2008 through 2009, the State | ||||||
| 22 | contribution to
the System, as a percentage of the applicable | ||||||
| 23 | employee payroll, shall be
increased in equal annual increments | ||||||
| 24 | from the required State contribution for State fiscal year | ||||||
| 25 | 2007, so that by State fiscal year 2011, the
State is | ||||||
| 26 | contributing at the rate otherwise required under this Section.
| ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any other provision of this Article, the | ||||||
| 2 | total required State contribution for State fiscal year 2010 is | ||||||
| 3 | $702,514,000 and shall be made from the State Pensions Fund and | ||||||
| 4 | proceeds of bonds sold in fiscal year 2010 pursuant to Section | ||||||
| 5 | 7.2 of the General Obligation Bond Act, less (i) the pro rata | ||||||
| 6 | share of bond sale expenses determined by the System's share of | ||||||
| 7 | total bond proceeds, (ii) any amounts received from the General | ||||||
| 8 | Revenue Fund in fiscal year 2010, (iii) any reduction in bond | ||||||
| 9 | proceeds due to the issuance of discounted bonds, if | ||||||
| 10 | applicable. | ||||||
| 11 | Notwithstanding any other provision of this Article, the
| ||||||
| 12 | total required State contribution for State fiscal year 2011 is
| ||||||
| 13 | the amount recertified by the System on or before April 1, 2011 | ||||||
| 14 | pursuant to Section 15-165 and shall be made from the State | ||||||
| 15 | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 | ||||||
| 16 | pursuant to Section
7.2 of the General Obligation Bond Act, | ||||||
| 17 | less (i) the pro rata
share of bond sale expenses determined by | ||||||
| 18 | the System's share of
total bond proceeds, (ii) any amounts | ||||||
| 19 | received from the General
Revenue Fund in fiscal year 2011, and | ||||||
| 20 | (iii) any reduction in bond
proceeds due to the issuance of | ||||||
| 21 | discounted bonds, if
applicable. | ||||||
| 22 | Beginning in State fiscal year 2046, the minimum State | ||||||
| 23 | contribution for
each fiscal year shall be the amount needed to | ||||||
| 24 | maintain the total assets of
the System at 90% of the total | ||||||
| 25 | actuarial liabilities of the System.
| ||||||
| 26 | Amounts received by the System pursuant to Section 25 of | ||||||
| |||||||
| |||||||
| 1 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
| 2 | Finance Act in any fiscal year do not reduce and do not | ||||||
| 3 | constitute payment of any portion of the minimum State | ||||||
| 4 | contribution required under this Article in that fiscal year. | ||||||
| 5 | Such amounts shall not reduce, and shall not be included in the | ||||||
| 6 | calculation of, the required State contributions under this | ||||||
| 7 | Article in any future year until the System has reached a | ||||||
| 8 | funding ratio of at least 90%. A reference in this Article to | ||||||
| 9 | the "required State contribution" or any substantially similar | ||||||
| 10 | term does not include or apply to any amounts payable to the | ||||||
| 11 | System under Section 25 of the Budget Stabilization Act. | ||||||
| 12 | Notwithstanding any other provision of this Section, the | ||||||
| 13 | required State
contribution for State fiscal year 2005 and for | ||||||
| 14 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
| 15 | under this Section and
certified under Section 15-165, shall | ||||||
| 16 | not exceed an amount equal to (i) the
amount of the required | ||||||
| 17 | State contribution that would have been calculated under
this | ||||||
| 18 | Section for that fiscal year if the System had not received any | ||||||
| 19 | payments
under subsection (d) of Section 7.2 of the General | ||||||
| 20 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
| 21 | total debt service payments for that fiscal
year on the bonds | ||||||
| 22 | issued in fiscal year 2003 for the purposes of that Section | ||||||
| 23 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
| 24 | the same as the System's portion of
the total moneys | ||||||
| 25 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
| 26 | Obligation Bond Act. In determining this maximum for State | ||||||
| |||||||
| |||||||
| 1 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
| 2 | in item (i) shall be increased, as a percentage of the | ||||||
| 3 | applicable employee payroll, in equal increments calculated | ||||||
| 4 | from the sum of the required State contribution for State | ||||||
| 5 | fiscal year 2007 plus the applicable portion of the State's | ||||||
| 6 | total debt service payments for fiscal year 2007 on the bonds | ||||||
| 7 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
| 8 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
| 9 | 2011, the
State is contributing at the rate otherwise required | ||||||
| 10 | under this Section.
| ||||||
| 11 | (a-2) Beginning in fiscal year 2018, each employer under | ||||||
| 12 | this Article shall pay to the System a required contribution | ||||||
| 13 | determined as a percentage of projected payroll and sufficient | ||||||
| 14 | to produce an annual amount equal to: | ||||||
| 15 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
| 16 | defined benefit normal cost of the defined benefit plan, | ||||||
| 17 | less the employee contribution, for each employee of that | ||||||
| 18 | employer who has elected or who is deemed to have elected | ||||||
| 19 | the benefits under Section 1-161 or who has made the | ||||||
| 20 | election under subsection (c) of Section 1-161; for fiscal | ||||||
| 21 | year 2021 and each fiscal year thereafter, the defined | ||||||
| 22 | benefit normal cost of the defined benefit plan, less the | ||||||
| 23 | employee contribution, plus 2%, for each employee of that | ||||||
| 24 | employer who has elected or who is deemed to have elected | ||||||
| 25 | the benefits under Section 1-161 or who has made the | ||||||
| 26 | election under subsection (c) of Section 1-161; plus | ||||||
| |||||||
| |||||||
| 1 | (ii) the amount required for that fiscal year to | ||||||
| 2 | amortize any unfunded actuarial accrued liability | ||||||
| 3 | associated with the present value of liabilities | ||||||
| 4 | attributable to the employer's account under Section | ||||||
| 5 | 15-155.2, determined
as a level percentage of payroll over | ||||||
| 6 | a 30-year rolling amortization period. | ||||||
| 7 | In determining contributions required under item (i) of | ||||||
| 8 | this subsection, the System shall determine an aggregate rate | ||||||
| 9 | for all employers, expressed as a percentage of projected | ||||||
| 10 | payroll. | ||||||
| 11 | In determining the contributions required under item (ii) | ||||||
| 12 | of this subsection, the amount shall be computed by the System | ||||||
| 13 | on the basis of the actuarial assumptions and tables used in | ||||||
| 14 | the most recent actuarial valuation of the System that is | ||||||
| 15 | available at the time of the computation. | ||||||
| 16 | The contributions required under this subsection (a-2) | ||||||
| 17 | shall be paid by an employer concurrently with that employer's | ||||||
| 18 | payroll payment period. The State, as the actual employer of an | ||||||
| 19 | employee, shall make the required contributions under this | ||||||
| 20 | subsection. | ||||||
| 21 | As used in this subsection, "academic year" means the | ||||||
| 22 | 12-month period beginning September 1. | ||||||
| 23 | (b) If an employee is paid from trust or federal funds, the | ||||||
| 24 | employer
shall pay to the Board contributions from those funds | ||||||
| 25 | which are
sufficient to cover the accruing normal costs on | ||||||
| 26 | behalf of the employee.
However, universities having employees | ||||||
| |||||||
| |||||||
| 1 | who are compensated out of local
auxiliary funds, income funds, | ||||||
| 2 | or service enterprise funds are not required
to pay such | ||||||
| 3 | contributions on behalf of those employees. The local auxiliary
| ||||||
| 4 | funds, income funds, and service enterprise funds of | ||||||
| 5 | universities shall not be
considered trust funds for the | ||||||
| 6 | purpose of this Article, but funds of alumni
associations, | ||||||
| 7 | foundations, and athletic associations which are affiliated | ||||||
| 8 | with
the universities included as employers under this Article | ||||||
| 9 | and other employers
which do not receive State appropriations | ||||||
| 10 | are considered to be trust funds for
the purpose of this | ||||||
| 11 | Article.
| ||||||
| 12 | (b-1) The City of Urbana and the City of Champaign shall | ||||||
| 13 | each make
employer contributions to this System for their | ||||||
| 14 | respective firefighter
employees who participate in this | ||||||
| 15 | System pursuant to subsection (h) of Section
15-107. The rate | ||||||
| 16 | of contributions to be made by those municipalities shall
be | ||||||
| 17 | determined annually by the Board on the basis of the actuarial | ||||||
| 18 | assumptions
adopted by the Board and the recommendations of the | ||||||
| 19 | actuary, and shall be
expressed as a percentage of salary for | ||||||
| 20 | each such employee. The Board shall
certify the rate to the | ||||||
| 21 | affected municipalities as soon as may be practical.
The | ||||||
| 22 | employer contributions required under this subsection shall be | ||||||
| 23 | remitted by
the municipality to the System at the same time and | ||||||
| 24 | in the same manner as
employee contributions.
| ||||||
| 25 | (c) Through State fiscal year 1995: The total employer | ||||||
| 26 | contribution shall
be apportioned among the various funds of | ||||||
| |||||||
| |||||||
| 1 | the State and other employers,
whether trust, federal, or other | ||||||
| 2 | funds, in accordance with actuarial procedures
approved by the | ||||||
| 3 | Board. State of Illinois contributions for employers receiving
| ||||||
| 4 | State appropriations for personal services shall be payable | ||||||
| 5 | from appropriations
made to the employers or to the System. The | ||||||
| 6 | contributions for Class I
community colleges covering earnings | ||||||
| 7 | other than those paid from trust and
federal funds, shall be | ||||||
| 8 | payable solely from appropriations to the Illinois
Community | ||||||
| 9 | College Board or the System for employer contributions.
| ||||||
| 10 | (d) Beginning in State fiscal year 1996, the required State | ||||||
| 11 | contributions
to the System shall be appropriated directly to | ||||||
| 12 | the System and shall be payable
through vouchers issued in | ||||||
| 13 | accordance with subsection (c) of Section 15-165, except as | ||||||
| 14 | provided in subsection (g).
| ||||||
| 15 | (e) The State Comptroller shall draw warrants payable to | ||||||
| 16 | the System upon
proper certification by the System or by the | ||||||
| 17 | employer in accordance with the
appropriation laws and this | ||||||
| 18 | Code.
| ||||||
| 19 | (f) Normal costs under this Section means liability for
| ||||||
| 20 | pensions and other benefits which accrues to the System because | ||||||
| 21 | of the
credits earned for service rendered by the participants | ||||||
| 22 | during the
fiscal year and expenses of administering the | ||||||
| 23 | System, but shall not
include the principal of or any | ||||||
| 24 | redemption premium or interest on any bonds
issued by the Board | ||||||
| 25 | or any expenses incurred or deposits required in
connection | ||||||
| 26 | therewith.
| ||||||
| |||||||
| |||||||
| 1 | (g) If June 4, 2018 (Public Act 100-587) the amount of a | ||||||
| 2 | participant's earnings for any academic year used to determine | ||||||
| 3 | the final rate of earnings, determined on a full-time | ||||||
| 4 | equivalent basis, exceeds the amount of his or her earnings | ||||||
| 5 | with the same employer for the previous academic year, | ||||||
| 6 | determined on a full-time equivalent basis, by more than 6%, | ||||||
| 7 | the participant's employer shall pay to the System, in addition | ||||||
| 8 | to all other payments required under this Section and in | ||||||
| 9 | accordance with guidelines established by the System, the | ||||||
| 10 | present value of the increase in benefits resulting from the | ||||||
| 11 | portion of the increase in earnings that is in excess of 6%. | ||||||
| 12 | This present value shall be computed by the System on the basis | ||||||
| 13 | of the actuarial assumptions and tables used in the most recent | ||||||
| 14 | actuarial valuation of the System that is available at the time | ||||||
| 15 | of the computation. The System may require the employer to | ||||||
| 16 | provide any pertinent information or documentation. | ||||||
| 17 | Whenever it determines that a payment is or may be required | ||||||
| 18 | under this subsection (g), the System shall calculate the | ||||||
| 19 | amount of the payment and bill the employer for that amount. | ||||||
| 20 | The bill shall specify the calculations used to determine the | ||||||
| 21 | amount due. If the employer disputes the amount of the bill, it | ||||||
| 22 | may, within 30 days after receipt of the bill, apply to the | ||||||
| 23 | System in writing for a recalculation. The application must | ||||||
| 24 | specify in detail the grounds of the dispute and, if the | ||||||
| 25 | employer asserts that the calculation is subject to subsection | ||||||
| 26 | (h) or (i) of this Section, must include an affidavit setting | ||||||
| |||||||
| |||||||
| 1 | forth and attesting to all facts within the employer's | ||||||
| 2 | knowledge that are pertinent to the applicability of that | ||||||
| 3 | subsection. Upon receiving a timely application for | ||||||
| 4 | recalculation, the System shall review the application and, if | ||||||
| 5 | appropriate, recalculate the amount due.
| ||||||
| 6 | The employer contributions required under this subsection | ||||||
| 7 | (g) may be paid in the form of a lump sum within 90 days after | ||||||
| 8 | receipt of the bill. If the employer contributions are not paid | ||||||
| 9 | within 90 days after receipt of the bill, then interest will be | ||||||
| 10 | charged at a rate equal to the System's annual actuarially | ||||||
| 11 | assumed rate of return on investment compounded annually from | ||||||
| 12 | the 91st day after receipt of the bill. Payments must be | ||||||
| 13 | concluded within 3 years after the employer's receipt of the | ||||||
| 14 | bill. | ||||||
| 15 | When assessing payment for any amount due under this | ||||||
| 16 | subsection (g), the System shall include earnings, to the | ||||||
| 17 | extent not established by a participant under Section 15-113.11 | ||||||
| 18 | or 15-113.12, that would have been paid to the participant had | ||||||
| 19 | the participant not taken (i) periods of voluntary or | ||||||
| 20 | involuntary furlough occurring on or after July 1, 2015 and on | ||||||
| 21 | or before June 30, 2017 or (ii) periods of voluntary pay | ||||||
| 22 | reduction in lieu of furlough occurring on or after July 1, | ||||||
| 23 | 2015 and on or before June 30, 2017. Determining earnings that | ||||||
| 24 | would have been paid to a participant had the participant not | ||||||
| 25 | taken periods of voluntary or involuntary furlough or periods | ||||||
| 26 | of voluntary pay reduction shall be the responsibility of the | ||||||
| |||||||
| |||||||
| 1 | employer, and shall be reported in a manner prescribed by the | ||||||
| 2 | System. | ||||||
| 3 | This subsection (g) does not apply to (1) Tier 2 hybrid | ||||||
| 4 | plan members and (2) Tier 2 defined benefit members who first | ||||||
| 5 | participate under this Article on or after the implementation | ||||||
| 6 | date of the Optional Hybrid Plan. | ||||||
| 7 | (g-1) (Blank). June 4, 2018 (Public Act 100-587) | ||||||
| 8 | (h) This subsection (h) applies only to payments made or | ||||||
| 9 | salary increases given on or after June 1, 2005 but before July | ||||||
| 10 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
| 11 | require the System to refund any payments received before July | ||||||
| 12 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
| 13 | When assessing payment for any amount due under subsection | ||||||
| 14 | (g), the System shall exclude earnings increases paid to | ||||||
| 15 | participants under contracts or collective bargaining | ||||||
| 16 | agreements entered into, amended, or renewed before June 1, | ||||||
| 17 | 2005.
| ||||||
| 18 | When assessing payment for any amount due under subsection | ||||||
| 19 | (g), the System shall exclude earnings increases paid to a | ||||||
| 20 | participant at a time when the participant is 10 or more years | ||||||
| 21 | from retirement eligibility under Section 15-135.
| ||||||
| 22 | When assessing payment for any amount due under subsection | ||||||
| 23 | (g), the System shall exclude earnings increases resulting from | ||||||
| 24 | overload work, including a contract for summer teaching, or | ||||||
| 25 | overtime when the employer has certified to the System, and the | ||||||
| 26 | System has approved the certification, that: (i) in the case of | ||||||
| |||||||
| |||||||
| 1 | overloads (A) the overload work is for the sole purpose of | ||||||
| 2 | academic instruction in excess of the standard number of | ||||||
| 3 | instruction hours for a full-time employee occurring during the | ||||||
| 4 | academic year that the overload is paid and (B) the earnings | ||||||
| 5 | increases are equal to or less than the rate of pay for | ||||||
| 6 | academic instruction computed using the participant's current | ||||||
| 7 | salary rate and work schedule; and (ii) in the case of | ||||||
| 8 | overtime, the overtime was necessary for the educational | ||||||
| 9 | mission. | ||||||
| 10 | When assessing payment for any amount due under subsection | ||||||
| 11 | (g), the System shall exclude any earnings increase resulting | ||||||
| 12 | from (i) a promotion for which the employee moves from one | ||||||
| 13 | classification to a higher classification under the State | ||||||
| 14 | Universities Civil Service System, (ii) a promotion in academic | ||||||
| 15 | rank for a tenured or tenure-track faculty position, or (iii) a | ||||||
| 16 | promotion that the Illinois Community College Board has | ||||||
| 17 | recommended in accordance with subsection (k) of this Section. | ||||||
| 18 | These earnings increases shall be excluded only if the | ||||||
| 19 | promotion is to a position that has existed and been filled by | ||||||
| 20 | a member for no less than one complete academic year and the | ||||||
| 21 | earnings increase as a result of the promotion is an increase | ||||||
| 22 | that results in an amount no greater than the average salary | ||||||
| 23 | paid for other similar positions. | ||||||
| 24 | (i) When assessing payment for any amount due under | ||||||
| 25 | subsection (g), the System shall exclude any salary increase | ||||||
| 26 | described in subsection (h) of this Section given on or after | ||||||
| |||||||
| |||||||
| 1 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
| 2 | collective bargaining agreement entered into, amended, or | ||||||
| 3 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
| 4 | Notwithstanding any other provision of this Section, any | ||||||
| 5 | payments made or salary increases given after June 30, 2014 | ||||||
| 6 | shall be used in assessing payment for any amount due under | ||||||
| 7 | subsection (g) of this Section.
| ||||||
| 8 | (j) The System shall prepare a report and file copies of | ||||||
| 9 | the report with the Governor and the General Assembly by | ||||||
| 10 | January 1, 2007 that contains all of the following information: | ||||||
| 11 | (1) The number of recalculations required by the | ||||||
| 12 | changes made to this Section by Public Act 94-1057 for each | ||||||
| 13 | employer. | ||||||
| 14 | (2) The dollar amount by which each employer's | ||||||
| 15 | contribution to the System was changed due to | ||||||
| 16 | recalculations required by Public Act 94-1057. | ||||||
| 17 | (3) The total amount the System received from each | ||||||
| 18 | employer as a result of the changes made to this Section by | ||||||
| 19 | Public Act 94-4. | ||||||
| 20 | (4) The increase in the required State contribution | ||||||
| 21 | resulting from the changes made to this Section by Public | ||||||
| 22 | Act 94-1057. | ||||||
| 23 | (j-5) For State fiscal years beginning on or after July 1, | ||||||
| 24 | 2017, if the amount of a participant's earnings for any State | ||||||
| 25 | fiscal year exceeds the amount of the salary set by law for the | ||||||
| 26 | Governor that is in effect on July 1 of that fiscal year, the | ||||||
| |||||||
| |||||||
| 1 | participant's employer shall pay to the System, in addition to | ||||||
| 2 | all other payments required under this Section and in | ||||||
| 3 | accordance with guidelines established by the System, an amount | ||||||
| 4 | determined by the System to be equal to the employer normal | ||||||
| 5 | cost, as established by the System and expressed as a total | ||||||
| 6 | percentage of payroll, multiplied by the amount of earnings in | ||||||
| 7 | excess of the amount of the salary set by law for the Governor. | ||||||
| 8 | This amount shall be computed by the System on the basis of the | ||||||
| 9 | actuarial assumptions and tables used in the most recent | ||||||
| 10 | actuarial valuation of the System that is available at the time | ||||||
| 11 | of the computation. The System may require the employer to | ||||||
| 12 | provide any pertinent information or documentation. | ||||||
| 13 | Whenever it determines that a payment is or may be required | ||||||
| 14 | under this subsection, the System shall calculate the amount of | ||||||
| 15 | the payment and bill the employer for that amount. The bill | ||||||
| 16 | shall specify the calculation used to determine the amount due. | ||||||
| 17 | If the employer disputes the amount of the bill, it may, within | ||||||
| 18 | 30 days after receipt of the bill, apply to the System in | ||||||
| 19 | writing for a recalculation. The application must specify in | ||||||
| 20 | detail the grounds of the dispute. Upon receiving a timely | ||||||
| 21 | application for recalculation, the System shall review the | ||||||
| 22 | application and, if appropriate, recalculate the amount due. | ||||||
| 23 | The employer contributions required under this subsection | ||||||
| 24 | may be paid in the form of a lump sum within 90 days after | ||||||
| 25 | issuance of the bill. If the employer contributions are not | ||||||
| 26 | paid within 90 days after issuance of the bill, then interest | ||||||
| |||||||
| |||||||
| 1 | will be charged at a rate equal to the System's annual | ||||||
| 2 | actuarially assumed rate of return on investment compounded | ||||||
| 3 | annually from the 91st day after issuance of the bill. All | ||||||
| 4 | payments must be received within 3 years after issuance of the | ||||||
| 5 | bill. If the employer fails to make complete payment, including | ||||||
| 6 | applicable interest, within 3 years, then the System may, after | ||||||
| 7 | giving notice to the employer, certify the delinquent amount to | ||||||
| 8 | the State Comptroller, and the Comptroller shall thereupon | ||||||
| 9 | deduct the certified delinquent amount from State funds payable | ||||||
| 10 | to the employer and pay them instead to the System. | ||||||
| 11 | This subsection (j-5) does not apply to a participant's | ||||||
| 12 | earnings to the extent an employer pays the employer normal | ||||||
| 13 | cost of such earnings. | ||||||
| 14 | The changes made to this subsection (j-5) by Public Act | ||||||
| 15 | 100-624 are intended to apply retroactively to July 6, 2017 | ||||||
| 16 | (the effective date of Public Act 100-23). | ||||||
| 17 | (k) The Illinois Community College Board shall adopt rules | ||||||
| 18 | for recommending lists of promotional positions submitted to | ||||||
| 19 | the Board by community colleges and for reviewing the | ||||||
| 20 | promotional lists on an annual basis. When recommending | ||||||
| 21 | promotional lists, the Board shall consider the similarity of | ||||||
| 22 | the positions submitted to those positions recognized for State | ||||||
| 23 | universities by the State Universities Civil Service System. | ||||||
| 24 | The Illinois Community College Board shall file a copy of its | ||||||
| 25 | findings with the System. The System shall consider the | ||||||
| 26 | findings of the Illinois Community College Board when making | ||||||
| |||||||
| |||||||
| 1 | determinations under this Section. The System shall not exclude | ||||||
| 2 | any earnings increases resulting from a promotion when the | ||||||
| 3 | promotion was not submitted by a community college. Nothing in | ||||||
| 4 | this subsection (k) shall require any community college to | ||||||
| 5 | submit any information to the Community College Board.
| ||||||
| 6 | (l) For purposes of determining the required State | ||||||
| 7 | contribution to the System, the value of the System's assets | ||||||
| 8 | shall be equal to the actuarial value of the System's assets, | ||||||
| 9 | which shall be calculated as follows: | ||||||
| 10 | As of June 30, 2008, the actuarial value of the System's | ||||||
| 11 | assets shall be equal to the market value of the assets as of | ||||||
| 12 | that date. In determining the actuarial value of the System's | ||||||
| 13 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
| 14 | gains or losses from investment return incurred in a fiscal | ||||||
| 15 | year shall be recognized in equal annual amounts over the | ||||||
| 16 | 5-year period following that fiscal year. | ||||||
| 17 | (m) For purposes of determining the required State | ||||||
| 18 | contribution to the system for a particular year, the actuarial | ||||||
| 19 | value of assets shall be assumed to earn a rate of return equal | ||||||
| 20 | to the system's actuarially assumed rate of return. | ||||||
| 21 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
| 22 | 100-624, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff. | ||||||
| 23 | 7-12-19; revised 8-6-19.)
| ||||||
| 24 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
| 25 | Sec. 16-158. Contributions by State and other employing | ||||||
| |||||||
| |||||||
| 1 | units.
| ||||||
| 2 | (a) The State shall make contributions to the System by | ||||||
| 3 | means of
appropriations from the Common School Fund and other | ||||||
| 4 | State funds of amounts
which, together with other employer | ||||||
| 5 | contributions, employee contributions,
investment income, and | ||||||
| 6 | other income, will be sufficient to meet the cost of
| ||||||
| 7 | maintaining and administering the System on a 90% funded basis | ||||||
| 8 | in accordance
with actuarial recommendations.
| ||||||
| 9 | The Board shall determine the amount of State contributions | ||||||
| 10 | required for
each fiscal year on the basis of the actuarial | ||||||
| 11 | tables and other assumptions
adopted by the Board and the | ||||||
| 12 | recommendations of the actuary, using the formula
in subsection | ||||||
| 13 | (b-3).
| ||||||
| 14 | (a-1) Annually, on or before November 15 until November 15, | ||||||
| 15 | 2011, the Board shall certify to the
Governor the amount of the | ||||||
| 16 | required State contribution for the coming fiscal
year. The | ||||||
| 17 | certification under this subsection (a-1) shall include a copy | ||||||
| 18 | of the actuarial recommendations
upon which it is based and | ||||||
| 19 | shall specifically identify the System's projected State | ||||||
| 20 | normal cost for that fiscal year.
| ||||||
| 21 | On or before May 1, 2004, the Board shall recalculate and | ||||||
| 22 | recertify to
the Governor the amount of the required State | ||||||
| 23 | contribution to the System for
State fiscal year 2005, taking | ||||||
| 24 | into account the amounts appropriated to and
received by the | ||||||
| 25 | System under subsection (d) of Section 7.2 of the General
| ||||||
| 26 | Obligation Bond Act.
| ||||||
| |||||||
| |||||||
| 1 | On or before July 1, 2005, the Board shall recalculate and | ||||||
| 2 | recertify
to the Governor the amount of the required State
| ||||||
| 3 | contribution to the System for State fiscal year 2006, taking | ||||||
| 4 | into account the changes in required State contributions made | ||||||
| 5 | by Public Act 94-4.
| ||||||
| 6 | On or before April 1, 2011, the Board shall recalculate and | ||||||
| 7 | recertify to the Governor the amount of the required State | ||||||
| 8 | contribution to the System for State fiscal year 2011, applying | ||||||
| 9 | the changes made by Public Act 96-889 to the System's assets | ||||||
| 10 | and liabilities as of June 30, 2009 as though Public Act 96-889 | ||||||
| 11 | was approved on that date. | ||||||
| 12 | (a-5) On or before November 1 of each year, beginning | ||||||
| 13 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
| 14 | the Governor, and the General Assembly a proposed certification | ||||||
| 15 | of the amount of the required State contribution to the System | ||||||
| 16 | for the next fiscal year, along with all of the actuarial | ||||||
| 17 | assumptions, calculations, and data upon which that proposed | ||||||
| 18 | certification is based. On or before January 1 of each year, | ||||||
| 19 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
| 20 | preliminary report concerning the proposed certification and | ||||||
| 21 | identifying, if necessary, recommended changes in actuarial | ||||||
| 22 | assumptions that the Board must consider before finalizing its | ||||||
| 23 | certification of the required State contributions. On or before | ||||||
| 24 | January 15, 2013 and each January 15 thereafter, the Board | ||||||
| 25 | shall certify to the Governor and the General Assembly the | ||||||
| 26 | amount of the required State contribution for the next fiscal | ||||||
| |||||||
| |||||||
| 1 | year. The Board's certification must note any deviations from | ||||||
| 2 | the State Actuary's recommended changes, the reason or reasons | ||||||
| 3 | for not following the State Actuary's recommended changes, and | ||||||
| 4 | the fiscal impact of not following the State Actuary's | ||||||
| 5 | recommended changes on the required State contribution. | ||||||
| 6 | (a-10) By November 1, 2017, the Board shall recalculate and | ||||||
| 7 | recertify to the State Actuary, the Governor, and the General | ||||||
| 8 | Assembly the amount of the State contribution to the System for | ||||||
| 9 | State fiscal year 2018, taking into account the changes in | ||||||
| 10 | required State contributions made by Public Act 100-23. The | ||||||
| 11 | State Actuary shall review the assumptions and valuations | ||||||
| 12 | underlying the Board's revised certification and issue a | ||||||
| 13 | preliminary report concerning the proposed recertification and | ||||||
| 14 | identifying, if necessary, recommended changes in actuarial | ||||||
| 15 | assumptions that the Board must consider before finalizing its | ||||||
| 16 | certification of the required State contributions. The Board's | ||||||
| 17 | final certification must note any deviations from the State | ||||||
| 18 | Actuary's recommended changes, the reason or reasons for not | ||||||
| 19 | following the State Actuary's recommended changes, and the | ||||||
| 20 | fiscal impact of not following the State Actuary's recommended | ||||||
| 21 | changes on the required State contribution. | ||||||
| 22 | (a-15) On or after June 15, 2019, but no later than June | ||||||
| 23 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
| 24 | Governor and the General Assembly the amount of the State | ||||||
| 25 | contribution to the System for State fiscal year 2019, taking | ||||||
| 26 | into account the changes in required State contributions made | ||||||
| |||||||
| |||||||
| 1 | by Public Act 100-587. The recalculation shall be made using | ||||||
| 2 | assumptions adopted by the Board for the original fiscal year | ||||||
| 3 | 2019 certification. The monthly voucher for the 12th month of | ||||||
| 4 | fiscal year 2019 shall be paid by the Comptroller after the | ||||||
| 5 | recertification required pursuant to this subsection is | ||||||
| 6 | submitted to the Governor, Comptroller, and General Assembly. | ||||||
| 7 | The recertification submitted to the General Assembly shall be | ||||||
| 8 | filed with the Clerk of the House of Representatives and the | ||||||
| 9 | Secretary of the Senate in electronic form only, in the manner | ||||||
| 10 | that the Clerk and the Secretary shall direct. | ||||||
| 11 | (b) Through State fiscal year 1995, the State contributions | ||||||
| 12 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
| 13 | the School Code.
| ||||||
| 14 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
| 15 | of each month,
or as soon thereafter as may be practicable, the | ||||||
| 16 | Board shall submit vouchers
for payment of State contributions | ||||||
| 17 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
| 18 | required annual State contribution certified under
subsection | ||||||
| 19 | (a-1).
From March 5, 2004 (the
effective date of Public Act | ||||||
| 20 | 93-665)
through June 30, 2004, the Board shall not submit | ||||||
| 21 | vouchers for the
remainder of fiscal year 2004 in excess of the | ||||||
| 22 | fiscal year 2004
certified contribution amount determined | ||||||
| 23 | under this Section
after taking into consideration the transfer | ||||||
| 24 | to the System
under subsection (a) of Section 6z-61 of the | ||||||
| 25 | State Finance Act.
These vouchers shall be paid by the State | ||||||
| 26 | Comptroller and
Treasurer by warrants drawn on the funds | ||||||
| |||||||
| |||||||
| 1 | appropriated to the System for that
fiscal year.
| ||||||
| 2 | If in any month the amount remaining unexpended from all | ||||||
| 3 | other appropriations
to the System for the applicable fiscal | ||||||
| 4 | year (including the appropriations to
the System under Section | ||||||
| 5 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
| 6 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
| 7 | amount
lawfully vouchered under this subsection, the | ||||||
| 8 | difference shall be paid from the
Common School Fund under the | ||||||
| 9 | continuing appropriation authority provided in
Section 1.1 of | ||||||
| 10 | the State Pension Funds Continuing Appropriation Act.
| ||||||
| 11 | (b-2) Allocations from the Common School Fund apportioned | ||||||
| 12 | to school
districts not coming under this System shall not be | ||||||
| 13 | diminished or affected by
the provisions of this Article.
| ||||||
| 14 | (b-3) For State fiscal years 2012 through 2045, the minimum | ||||||
| 15 | contribution
to the System to be made by the State for each | ||||||
| 16 | fiscal year shall be an amount
determined by the System to be | ||||||
| 17 | sufficient to bring the total assets of the
System up to 90% of | ||||||
| 18 | the total actuarial liabilities of the System by the end of
| ||||||
| 19 | State fiscal year 2045. In making these determinations, the | ||||||
| 20 | required State
contribution shall be calculated each year as a | ||||||
| 21 | level percentage of payroll
over the years remaining to and | ||||||
| 22 | including fiscal year 2045 and shall be
determined under the | ||||||
| 23 | projected unit credit actuarial cost method.
| ||||||
| 24 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
| 25 | State shall make an additional contribution to the System equal | ||||||
| 26 | to 2% of the total payroll of each employee who is deemed to | ||||||
| |||||||
| |||||||
| 1 | have elected the benefits under Section 1-161 or who has made | ||||||
| 2 | the election under subsection (c) of Section 1-161. | ||||||
| 3 | A change in an actuarial or investment assumption that | ||||||
| 4 | increases or
decreases the required State contribution and | ||||||
| 5 | first
applies in State fiscal year 2018 or thereafter shall be
| ||||||
| 6 | implemented in equal annual amounts over a 5-year period
| ||||||
| 7 | beginning in the State fiscal year in which the actuarial
| ||||||
| 8 | change first applies to the required State contribution. | ||||||
| 9 | A change in an actuarial or investment assumption that | ||||||
| 10 | increases or
decreases the required State contribution and | ||||||
| 11 | first
applied to the State contribution in fiscal year 2014, | ||||||
| 12 | 2015, 2016, or 2017 shall be
implemented: | ||||||
| 13 | (i) as already applied in State fiscal years before | ||||||
| 14 | 2018; and | ||||||
| 15 | (ii) in the portion of the 5-year period beginning in | ||||||
| 16 | the State fiscal year in which the actuarial
change first | ||||||
| 17 | applied that occurs in State fiscal year 2018 or | ||||||
| 18 | thereafter, by calculating the change in equal annual | ||||||
| 19 | amounts over that 5-year period and then implementing it at | ||||||
| 20 | the resulting annual rate in each of the remaining fiscal | ||||||
| 21 | years in that 5-year period. | ||||||
| 22 | For State fiscal years 1996 through 2005, the State | ||||||
| 23 | contribution to the
System, as a percentage of the applicable | ||||||
| 24 | employee payroll, shall be increased
in equal annual increments | ||||||
| 25 | so that by State fiscal year 2011, the State is
contributing at | ||||||
| 26 | the rate required under this Section; except that in the
| ||||||
| |||||||
| |||||||
| 1 | following specified State fiscal years, the State contribution | ||||||
| 2 | to the System
shall not be less than the following indicated | ||||||
| 3 | percentages of the applicable
employee payroll, even if the | ||||||
| 4 | indicated percentage will produce a State
contribution in | ||||||
| 5 | excess of the amount otherwise required under this subsection
| ||||||
| 6 | and subsection (a), and notwithstanding any contrary | ||||||
| 7 | certification made under
subsection (a-1) before May 27, 1998 | ||||||
| 8 | (the effective date of Public Act 90-582):
10.02% in FY 1999;
| ||||||
| 9 | 10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% | ||||||
| 10 | in FY 2003; and
13.56% in FY 2004.
| ||||||
| 11 | Notwithstanding any other provision of this Article, the | ||||||
| 12 | total required State
contribution for State fiscal year 2006 is | ||||||
| 13 | $534,627,700.
| ||||||
| 14 | Notwithstanding any other provision of this Article, the | ||||||
| 15 | total required State
contribution for State fiscal year 2007 is | ||||||
| 16 | $738,014,500.
| ||||||
| 17 | For each of State fiscal years 2008 through 2009, the State | ||||||
| 18 | contribution to
the System, as a percentage of the applicable | ||||||
| 19 | employee payroll, shall be
increased in equal annual increments | ||||||
| 20 | from the required State contribution for State fiscal year | ||||||
| 21 | 2007, so that by State fiscal year 2011, the
State is | ||||||
| 22 | contributing at the rate otherwise required under this Section.
| ||||||
| 23 | Notwithstanding any other provision of this Article, the | ||||||
| 24 | total required State contribution for State fiscal year 2010 is | ||||||
| 25 | $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
| 26 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
| |||||||
| |||||||
| 1 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
| 2 | expenses determined by the System's share of total bond | ||||||
| 3 | proceeds, (ii) any amounts received from the Common School Fund | ||||||
| 4 | in fiscal year 2010, and (iii) any reduction in bond proceeds | ||||||
| 5 | due to the issuance of discounted bonds, if applicable. | ||||||
| 6 | Notwithstanding any other provision of this Article, the
| ||||||
| 7 | total required State contribution for State fiscal year 2011 is
| ||||||
| 8 | the amount recertified by the System on or before April 1, 2011 | ||||||
| 9 | pursuant to subsection (a-1) of this Section and shall be made | ||||||
| 10 | from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||||||
| 11 | Section 7.2 of the General
Obligation Bond Act, less (i) the | ||||||
| 12 | pro rata share of bond sale
expenses determined by the System's | ||||||
| 13 | share of total bond
proceeds, (ii) any amounts received from | ||||||
| 14 | the Common School Fund
in fiscal year 2011, and (iii) any | ||||||
| 15 | reduction in bond proceeds
due to the issuance of discounted | ||||||
| 16 | bonds, if applicable. This amount shall include, in addition to | ||||||
| 17 | the amount certified by the System, an amount necessary to meet | ||||||
| 18 | employer contributions required by the State as an employer | ||||||
| 19 | under paragraph (e) of this Section, which may also be used by | ||||||
| 20 | the System for contributions required by paragraph (a) of | ||||||
| 21 | Section 16-127. | ||||||
| 22 | Beginning in State fiscal year 2046, the minimum State | ||||||
| 23 | contribution for
each fiscal year shall be the amount needed to | ||||||
| 24 | maintain the total assets of
the System at 90% of the total | ||||||
| 25 | actuarial liabilities of the System.
| ||||||
| 26 | Amounts received by the System pursuant to Section 25 of | ||||||
| |||||||
| |||||||
| 1 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
| 2 | Finance Act in any fiscal year do not reduce and do not | ||||||
| 3 | constitute payment of any portion of the minimum State | ||||||
| 4 | contribution required under this Article in that fiscal year. | ||||||
| 5 | Such amounts shall not reduce, and shall not be included in the | ||||||
| 6 | calculation of, the required State contributions under this | ||||||
| 7 | Article in any future year until the System has reached a | ||||||
| 8 | funding ratio of at least 90%. A reference in this Article to | ||||||
| 9 | the "required State contribution" or any substantially similar | ||||||
| 10 | term does not include or apply to any amounts payable to the | ||||||
| 11 | System under Section 25 of the Budget Stabilization Act. | ||||||
| 12 | Notwithstanding any other provision of this Section, the | ||||||
| 13 | required State
contribution for State fiscal year 2005 and for | ||||||
| 14 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
| 15 | under this Section and
certified under subsection (a-1), shall | ||||||
| 16 | not exceed an amount equal to (i) the
amount of the required | ||||||
| 17 | State contribution that would have been calculated under
this | ||||||
| 18 | Section for that fiscal year if the System had not received any | ||||||
| 19 | payments
under subsection (d) of Section 7.2 of the General | ||||||
| 20 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
| 21 | total debt service payments for that fiscal
year on the bonds | ||||||
| 22 | issued in fiscal year 2003 for the purposes of that Section | ||||||
| 23 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
| 24 | the same as the System's portion of
the total moneys | ||||||
| 25 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
| 26 | Obligation Bond Act. In determining this maximum for State | ||||||
| |||||||
| |||||||
| 1 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
| 2 | in item (i) shall be increased, as a percentage of the | ||||||
| 3 | applicable employee payroll, in equal increments calculated | ||||||
| 4 | from the sum of the required State contribution for State | ||||||
| 5 | fiscal year 2007 plus the applicable portion of the State's | ||||||
| 6 | total debt service payments for fiscal year 2007 on the bonds | ||||||
| 7 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
| 8 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
| 9 | 2011, the
State is contributing at the rate otherwise required | ||||||
| 10 | under this Section.
| ||||||
| 11 | (b-4) Beginning in fiscal year 2018, each employer under | ||||||
| 12 | this Article shall pay to the System a required contribution | ||||||
| 13 | determined as a percentage of projected payroll and sufficient | ||||||
| 14 | to produce an annual amount equal to: | ||||||
| 15 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
| 16 | defined benefit normal cost of the defined benefit plan, | ||||||
| 17 | less the employee contribution, for each employee of that | ||||||
| 18 | employer who has elected or who is deemed to have elected | ||||||
| 19 | the benefits under Section 1-161 or who has made the | ||||||
| 20 | election under subsection (b) of Section 1-161; for fiscal | ||||||
| 21 | year 2021 and each fiscal year thereafter, the defined | ||||||
| 22 | benefit normal cost of the defined benefit plan, less the | ||||||
| 23 | employee contribution, plus 2%, for each employee of that | ||||||
| 24 | employer who has elected or who is deemed to have elected | ||||||
| 25 | the benefits under Section 1-161 or who has made the | ||||||
| 26 | election under subsection (b) of Section 1-161; plus | ||||||
| |||||||
| |||||||
| 1 | (ii) the amount required for that fiscal year to | ||||||
| 2 | amortize any unfunded actuarial accrued liability | ||||||
| 3 | associated with the present value of liabilities | ||||||
| 4 | attributable to the employer's account under Section | ||||||
| 5 | 16-158.3, determined
as a level percentage of payroll over | ||||||
| 6 | a 30-year rolling amortization period. | ||||||
| 7 | In determining contributions required under item (i) of | ||||||
| 8 | this subsection, the System shall determine an aggregate rate | ||||||
| 9 | for all employers, expressed as a percentage of projected | ||||||
| 10 | payroll. | ||||||
| 11 | In determining the contributions required under item (ii) | ||||||
| 12 | of this subsection, the amount shall be computed by the System | ||||||
| 13 | on the basis of the actuarial assumptions and tables used in | ||||||
| 14 | the most recent actuarial valuation of the System that is | ||||||
| 15 | available at the time of the computation. | ||||||
| 16 | The contributions required under this subsection (b-4) | ||||||
| 17 | shall be paid by an employer concurrently with that employer's | ||||||
| 18 | payroll payment period. The State, as the actual employer of an | ||||||
| 19 | employee, shall make the required contributions under this | ||||||
| 20 | subsection. | ||||||
| 21 | (c) Payment of the required State contributions and of all | ||||||
| 22 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
| 23 | other benefits granted
under or assumed by this System, and all | ||||||
| 24 | expenses in connection with the
administration and operation | ||||||
| 25 | thereof, are obligations of the State.
| ||||||
| 26 | If members are paid from special trust or federal funds | ||||||
| |||||||
| |||||||
| 1 | which are
administered by the employing unit, whether school | ||||||
| 2 | district or other
unit, the employing unit shall pay to the | ||||||
| 3 | System from such
funds the full accruing retirement costs based | ||||||
| 4 | upon that
service, which, beginning July 1, 2017, shall be at a | ||||||
| 5 | rate, expressed as a percentage of salary, equal to the total | ||||||
| 6 | employer's normal cost, expressed as a percentage of payroll, | ||||||
| 7 | as determined by the System. Employer contributions, based on
| ||||||
| 8 | salary paid to members from federal funds, may be forwarded by | ||||||
| 9 | the distributing
agency of the State of Illinois to the System | ||||||
| 10 | prior to allocation, in an
amount determined in accordance with | ||||||
| 11 | guidelines established by such
agency and the System. Any | ||||||
| 12 | contribution for fiscal year 2015 collected as a result of the | ||||||
| 13 | change made by Public Act 98-674 shall be considered a State | ||||||
| 14 | contribution under subsection (b-3) of this Section.
| ||||||
| 15 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
| 16 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
| 17 | employer's normal cost
of benefits based upon the teacher's | ||||||
| 18 | service, in addition to
employee contributions, as determined | ||||||
| 19 | by the System. Such employer
contributions shall be forwarded | ||||||
| 20 | monthly in accordance with guidelines
established by the | ||||||
| 21 | System.
| ||||||
| 22 | However, with respect to benefits granted under Section | ||||||
| 23 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
| 24 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
| 25 | (rather than 20%) of the member's
highest annual salary rate | ||||||
| 26 | for each year of creditable service granted, and
the employer | ||||||
| |||||||
| |||||||
| 1 | shall also pay the required employee contribution on behalf of
| ||||||
| 2 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
| 3 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
| 4 | 16-106 who is serving in that capacity
while on leave of | ||||||
| 5 | absence from another employer under this Article shall not
be | ||||||
| 6 | considered an employee of the employer from which the teacher | ||||||
| 7 | is on leave.
| ||||||
| 8 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
| 9 | shall pay to the System an employer contribution computed as | ||||||
| 10 | follows:
| ||||||
| 11 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
| 12 | employer
contribution shall be equal to 0.3% of each | ||||||
| 13 | teacher's salary.
| ||||||
| 14 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
| 15 | contribution shall be equal to 0.58% of each teacher's | ||||||
| 16 | salary.
| ||||||
| 17 | The school district or other employing unit may pay these | ||||||
| 18 | employer
contributions out of any source of funding available | ||||||
| 19 | for that purpose and
shall forward the contributions to the | ||||||
| 20 | System on the schedule established
for the payment of member | ||||||
| 21 | contributions.
| ||||||
| 22 | These employer contributions are intended to offset a | ||||||
| 23 | portion of the cost
to the System of the increases in | ||||||
| 24 | retirement benefits resulting from Public Act 90-582.
| ||||||
| 25 | Each employer of teachers is entitled to a credit against | ||||||
| 26 | the contributions
required under this subsection (e) with | ||||||
| |||||||
| |||||||
| 1 | respect to salaries paid to teachers
for the period January 1, | ||||||
| 2 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
| 3 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
| 4 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
| 5 | paid to teachers for that
period.
| ||||||
| 6 | The additional 1% employee contribution required under | ||||||
| 7 | Section 16-152 by Public Act 90-582
is the responsibility of | ||||||
| 8 | the teacher and not the
teacher's employer, unless the employer | ||||||
| 9 | agrees, through collective bargaining
or otherwise, to make the | ||||||
| 10 | contribution on behalf of the teacher.
| ||||||
| 11 | If an employer is required by a contract in effect on May | ||||||
| 12 | 1, 1998 between the
employer and an employee organization to | ||||||
| 13 | pay, on behalf of all its full-time
employees
covered by this | ||||||
| 14 | Article, all mandatory employee contributions required under
| ||||||
| 15 | this Article, then the employer shall be excused from paying | ||||||
| 16 | the employer
contribution required under this subsection (e) | ||||||
| 17 | for the balance of the term
of that contract. The employer and | ||||||
| 18 | the employee organization shall jointly
certify to the System | ||||||
| 19 | the existence of the contractual requirement, in such
form as | ||||||
| 20 | the System may prescribe. This exclusion shall cease upon the
| ||||||
| 21 | termination, extension, or renewal of the contract at any time | ||||||
| 22 | after May 1,
1998.
| ||||||
| 23 | (f) If June 4, 2018 (Public Act 100-587) the amount of a | ||||||
| 24 | teacher's salary for any school year used to determine final | ||||||
| 25 | average salary exceeds the member's annual full-time salary | ||||||
| 26 | rate with the same employer for the previous school year by | ||||||
| |||||||
| |||||||
| 1 | more than 6%, the teacher's employer shall pay to the System, | ||||||
| 2 | in addition to all other payments required under this Section | ||||||
| 3 | and in accordance with guidelines established by the System, | ||||||
| 4 | the present value of the increase in benefits resulting from | ||||||
| 5 | the portion of the increase in salary that is in excess of 6%. | ||||||
| 6 | This present value shall be computed by the System on the basis | ||||||
| 7 | of the actuarial assumptions and tables used in the most recent | ||||||
| 8 | actuarial valuation of the System that is available at the time | ||||||
| 9 | of the computation. If a teacher's salary for the 2005-2006 | ||||||
| 10 | school year is used to determine final average salary under | ||||||
| 11 | this subsection (f), then the changes made to this subsection | ||||||
| 12 | (f) by Public Act 94-1057 shall apply in calculating whether | ||||||
| 13 | the increase in his or her salary is in excess of 6%. For the | ||||||
| 14 | purposes of this Section, change in employment under Section | ||||||
| 15 | 10-21.12 of the School Code on or after June 1, 2005 shall | ||||||
| 16 | constitute a change in employer. The System may require the | ||||||
| 17 | employer to provide any pertinent information or | ||||||
| 18 | documentation.
The changes made to this subsection (f) by | ||||||
| 19 | Public Act 94-1111 apply without regard to whether the teacher | ||||||
| 20 | was in service on or after its effective date.
| ||||||
| 21 | Whenever it determines that a payment is or may be required | ||||||
| 22 | under this subsection, the System shall calculate the amount of | ||||||
| 23 | the payment and bill the employer for that amount. The bill | ||||||
| 24 | shall specify the calculations used to determine the amount | ||||||
| 25 | due. If the employer disputes the amount of the bill, it may, | ||||||
| 26 | within 30 days after receipt of the bill, apply to the System | ||||||
| |||||||
| |||||||
| 1 | in writing for a recalculation. The application must specify in | ||||||
| 2 | detail the grounds of the dispute and, if the employer asserts | ||||||
| 3 | that the calculation is subject to subsection (g) or (h) of | ||||||
| 4 | this Section, must include an affidavit setting forth and | ||||||
| 5 | attesting to all facts within the employer's knowledge that are | ||||||
| 6 | pertinent to the applicability of that subsection. Upon | ||||||
| 7 | receiving a timely application for recalculation, the System | ||||||
| 8 | shall review the application and, if appropriate, recalculate | ||||||
| 9 | the amount due.
| ||||||
| 10 | The employer contributions required under this subsection | ||||||
| 11 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
| 12 | receipt of the bill. If the employer contributions are not paid | ||||||
| 13 | within 90 days after receipt of the bill, then interest will be | ||||||
| 14 | charged at a rate equal to the System's annual actuarially | ||||||
| 15 | assumed rate of return on investment compounded annually from | ||||||
| 16 | the 91st day after receipt of the bill. Payments must be | ||||||
| 17 | concluded within 3 years after the employer's receipt of the | ||||||
| 18 | bill.
| ||||||
| 19 | (f-1) (Blank). June 4, 2018 (Public Act 100-587) | ||||||
| 20 | (g) This subsection (g) applies only to payments made or | ||||||
| 21 | salary increases given on or after June 1, 2005 but before July | ||||||
| 22 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
| 23 | require the System to refund any payments received before
July | ||||||
| 24 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
| 25 | When assessing payment for any amount due under subsection | ||||||
| 26 | (f), the System shall exclude salary increases paid to teachers | ||||||
| |||||||
| |||||||
| 1 | under contracts or collective bargaining agreements entered | ||||||
| 2 | into, amended, or renewed before June 1, 2005.
| ||||||
| 3 | When assessing payment for any amount due under subsection | ||||||
| 4 | (f), the System shall exclude salary increases paid to a | ||||||
| 5 | teacher at a time when the teacher is 10 or more years from | ||||||
| 6 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
| 7 | When assessing payment for any amount due under subsection | ||||||
| 8 | (f), the System shall exclude salary increases resulting from | ||||||
| 9 | overload work, including summer school, when the school | ||||||
| 10 | district has certified to the System, and the System has | ||||||
| 11 | approved the certification, that (i) the overload work is for | ||||||
| 12 | the sole purpose of classroom instruction in excess of the | ||||||
| 13 | standard number of classes for a full-time teacher in a school | ||||||
| 14 | district during a school year and (ii) the salary increases are | ||||||
| 15 | equal to or less than the rate of pay for classroom instruction | ||||||
| 16 | computed on the teacher's current salary and work schedule.
| ||||||
| 17 | When assessing payment for any amount due under subsection | ||||||
| 18 | (f), the System shall exclude a salary increase resulting from | ||||||
| 19 | a promotion (i) for which the employee is required to hold a | ||||||
| 20 | certificate or supervisory endorsement issued by the State | ||||||
| 21 | Teacher Certification Board that is a different certification | ||||||
| 22 | or supervisory endorsement than is required for the teacher's | ||||||
| 23 | previous position and (ii) to a position that has existed and | ||||||
| 24 | been filled by a member for no less than one complete academic | ||||||
| 25 | year and the salary increase from the promotion is an increase | ||||||
| 26 | that results in an amount no greater than the lesser of the | ||||||
| |||||||
| |||||||
| 1 | average salary paid for other similar positions in the district | ||||||
| 2 | requiring the same certification or the amount stipulated in | ||||||
| 3 | the collective bargaining agreement for a similar position | ||||||
| 4 | requiring the same certification.
| ||||||
| 5 | When assessing payment for any amount due under subsection | ||||||
| 6 | (f), the System shall exclude any payment to the teacher from | ||||||
| 7 | the State of Illinois or the State Board of Education over | ||||||
| 8 | which the employer does not have discretion, notwithstanding | ||||||
| 9 | that the payment is included in the computation of final | ||||||
| 10 | average salary.
| ||||||
| 11 | (h) When assessing payment for any amount due under | ||||||
| 12 | subsection (f), the System shall exclude any salary increase | ||||||
| 13 | described in subsection (g) of this Section given on or after | ||||||
| 14 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
| 15 | collective bargaining agreement entered into, amended, or | ||||||
| 16 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
| 17 | Notwithstanding any other provision of this Section, any | ||||||
| 18 | payments made or salary increases given after June 30, 2014 | ||||||
| 19 | shall be used in assessing payment for any amount due under | ||||||
| 20 | subsection (f) of this Section.
| ||||||
| 21 | (i) The System shall prepare a report and file copies of | ||||||
| 22 | the report with the Governor and the General Assembly by | ||||||
| 23 | January 1, 2007 that contains all of the following information: | ||||||
| 24 | (1) The number of recalculations required by the | ||||||
| 25 | changes made to this Section by Public Act 94-1057 for each | ||||||
| 26 | employer. | ||||||
| |||||||
| |||||||
| 1 | (2) The dollar amount by which each employer's | ||||||
| 2 | contribution to the System was changed due to | ||||||
| 3 | recalculations required by Public Act 94-1057. | ||||||
| 4 | (3) The total amount the System received from each | ||||||
| 5 | employer as a result of the changes made to this Section by | ||||||
| 6 | Public Act 94-4. | ||||||
| 7 | (4) The increase in the required State contribution | ||||||
| 8 | resulting from the changes made to this Section by Public | ||||||
| 9 | Act 94-1057.
| ||||||
| 10 | (i-5) For school years beginning on or after July 1, 2017, | ||||||
| 11 | if the amount of a participant's salary for any school year | ||||||
| 12 | exceeds the amount of the salary set for the Governor, the | ||||||
| 13 | participant's employer shall pay to the System, in addition to | ||||||
| 14 | all other payments required under this Section and in | ||||||
| 15 | accordance with guidelines established by the System, an amount | ||||||
| 16 | determined by the System to be equal to the employer normal | ||||||
| 17 | cost, as established by the System and expressed as a total | ||||||
| 18 | percentage of payroll, multiplied by the amount of salary in | ||||||
| 19 | excess of the amount of the salary set for the Governor. This | ||||||
| 20 | amount shall be computed by the System on the basis of the | ||||||
| 21 | actuarial assumptions and tables used in the most recent | ||||||
| 22 | actuarial valuation of the System that is available at the time | ||||||
| 23 | of the computation. The System may require the employer to | ||||||
| 24 | provide any pertinent information or documentation. | ||||||
| 25 | Whenever it determines that a payment is or may be required | ||||||
| 26 | under this subsection, the System shall calculate the amount of | ||||||
| |||||||
| |||||||
| 1 | the payment and bill the employer for that amount. The bill | ||||||
| 2 | shall specify the calculations used to determine the amount | ||||||
| 3 | due. If the employer disputes the amount of the bill, it may, | ||||||
| 4 | within 30 days after receipt of the bill, apply to the System | ||||||
| 5 | in writing for a recalculation. The application must specify in | ||||||
| 6 | detail the grounds of the dispute. Upon receiving a timely | ||||||
| 7 | application for recalculation, the System shall review the | ||||||
| 8 | application and, if appropriate, recalculate the amount due. | ||||||
| 9 | The employer contributions required under this subsection | ||||||
| 10 | may be paid in the form of a lump sum within 90 days after | ||||||
| 11 | receipt of the bill. If the employer contributions are not paid | ||||||
| 12 | within 90 days after receipt of the bill, then interest will be | ||||||
| 13 | charged at a rate equal to the System's annual actuarially | ||||||
| 14 | assumed rate of return on investment compounded annually from | ||||||
| 15 | the 91st day after receipt of the bill. Payments must be | ||||||
| 16 | concluded within 3 years after the employer's receipt of the | ||||||
| 17 | bill. | ||||||
| 18 | (j) For purposes of determining the required State | ||||||
| 19 | contribution to the System, the value of the System's assets | ||||||
| 20 | shall be equal to the actuarial value of the System's assets, | ||||||
| 21 | which shall be calculated as follows: | ||||||
| 22 | As of June 30, 2008, the actuarial value of the System's | ||||||
| 23 | assets shall be equal to the market value of the assets as of | ||||||
| 24 | that date. In determining the actuarial value of the System's | ||||||
| 25 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
| 26 | gains or losses from investment return incurred in a fiscal | ||||||
| |||||||
| |||||||
| 1 | year shall be recognized in equal annual amounts over the | ||||||
| 2 | 5-year period following that fiscal year. | ||||||
| 3 | (k) For purposes of determining the required State | ||||||
| 4 | contribution to the system for a particular year, the actuarial | ||||||
| 5 | value of assets shall be assumed to earn a rate of return equal | ||||||
| 6 | to the system's actuarially assumed rate of return. | ||||||
| 7 | (Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17; | ||||||
| 8 | 100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff. | ||||||
| 9 | 8-14-18; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; revised | ||||||
| 10 | 8-13-19.)
| ||||||
| 11 | (40 ILCS 5/16-190.5) | ||||||
| 12 | Sec. 16-190.5. Accelerated pension benefit payment in lieu | ||||||
| 13 | of any pension benefit. | ||||||
| 14 | (a) As used in this Section: | ||||||
| 15 | "Eligible person" means a person who: | ||||||
| 16 | (1) has terminated service; | ||||||
| 17 | (2) has accrued sufficient service credit to be | ||||||
| 18 | eligible to receive a retirement annuity under this | ||||||
| 19 | Article; | ||||||
| 20 | (3) has not received any retirement annuity under this | ||||||
| 21 | Article; and | ||||||
| 22 | (4) has not made the election under Section 16-190.6. | ||||||
| 23 | "Pension benefit" means the benefits under this Article, or | ||||||
| 24 | Article 1 as it relates to those benefits, including any | ||||||
| 25 | anticipated annual increases, that an eligible person is | ||||||
| |||||||
| |||||||
| 1 | entitled to upon attainment of the applicable retirement age. | ||||||
| 2 | "Pension benefit" also includes applicable survivor's or | ||||||
| 3 | disability benefits. | ||||||
| 4 | (b) As soon as practical after June 4, 2018 (the effective | ||||||
| 5 | date of Public Act 100-587), the System shall calculate, using | ||||||
| 6 | actuarial tables and other assumptions adopted by the Board, | ||||||
| 7 | the present value of pension benefits for each eligible person | ||||||
| 8 | who requests that information and shall offer each eligible | ||||||
| 9 | person the opportunity to irrevocably elect to receive an | ||||||
| 10 | amount determined by the System to be equal to 60% of the | ||||||
| 11 | present value of his or her pension benefits in lieu of | ||||||
| 12 | receiving any pension benefit. The offer shall specify the | ||||||
| 13 | dollar amount that the eligible person will receive if he or | ||||||
| 14 | she so elects and shall expire when a subsequent offer is made | ||||||
| 15 | to an eligible person. The System shall make a good faith | ||||||
| 16 | effort to contact every eligible person to notify him or her of | ||||||
| 17 | the election. | ||||||
| 18 | Until June 30, 2024, an eligible person may irrevocably | ||||||
| 19 | elect to receive an accelerated pension benefit payment in the | ||||||
| 20 | amount that the System offers under this subsection in lieu of | ||||||
| 21 | receiving any pension benefit. A person who elects to receive | ||||||
| 22 | an accelerated pension benefit payment under this Section may | ||||||
| 23 | not elect to proceed under the Retirement Systems Reciprocal | ||||||
| 24 | Act with respect to service under this Article. | ||||||
| 25 | (c) A person's creditable service under this Article shall | ||||||
| 26 | be terminated upon the person's receipt of an accelerated | ||||||
| |||||||
| |||||||
| 1 | pension benefit payment under this Section, and no other | ||||||
| 2 | benefit shall be paid under this Article based on the | ||||||
| 3 | terminated creditable service, including any retirement, | ||||||
| 4 | survivor, or other benefit; except that to the extent that | ||||||
| 5 | participation, benefits, or premiums under the State Employees | ||||||
| 6 | Group Insurance Act of 1971 are based on the amount of service | ||||||
| 7 | credit, the terminated service credit shall be used for that | ||||||
| 8 | purpose. | ||||||
| 9 | (d) If a person who has received an accelerated pension | ||||||
| 10 | benefit payment under this Section returns to active service | ||||||
| 11 | under this Article, then: | ||||||
| 12 | (1) Any benefits under the System earned as a result of | ||||||
| 13 | that return to active service shall be based solely on the | ||||||
| 14 | person's creditable service arising from the return to | ||||||
| 15 | active service. | ||||||
| 16 | (2) The accelerated pension benefit payment may not be | ||||||
| 17 | repaid to the System, and the terminated creditable service | ||||||
| 18 | may not under any circumstances be reinstated. | ||||||
| 19 | (e) As a condition of receiving an accelerated pension | ||||||
| 20 | benefit payment, the accelerated pension benefit payment must | ||||||
| 21 | be transferred into a tax qualified retirement plan or account. | ||||||
| 22 | The accelerated pension benefit payment under this Section may | ||||||
| 23 | be subject to withholding or payment of applicable taxes, but | ||||||
| 24 | to the extent permitted by federal law, a person who receives | ||||||
| 25 | an accelerated pension benefit payment under this Section must | ||||||
| 26 | direct the System to pay all of that payment as a rollover into | ||||||
| |||||||
| |||||||
| 1 | another retirement plan or account qualified under the Internal | ||||||
| 2 | Revenue Code of 1986, as amended. | ||||||
| 3 | (f) Upon receipt of a member's irrevocable election to | ||||||
| 4 | receive an accelerated pension benefit payment under this | ||||||
| 5 | Section, the System shall submit a voucher to the Comptroller | ||||||
| 6 | for payment of the member's accelerated pension benefit | ||||||
| 7 | payment. The Comptroller shall transfer the amount of the | ||||||
| 8 | voucher from the State Pension Obligation
Acceleration Bond | ||||||
| 9 | Fund to the System, and the System shall transfer the amount | ||||||
| 10 | into the member's eligible retirement plan or qualified | ||||||
| 11 | account. | ||||||
| 12 | (g) The Board shall adopt any rules, including emergency | ||||||
| 13 | rules, necessary to implement this Section. | ||||||
| 14 | (h) No provision of Public Act 100-587 this amendatory Act | ||||||
| 15 | of the 100th General Assembly shall be interpreted in a way | ||||||
| 16 | that would cause the applicable System to cease to be a | ||||||
| 17 | qualified plan under the Internal Revenue Code of 1986.
| ||||||
| 18 | (Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19; | ||||||
| 19 | revised 9-20-19.)
| ||||||
| 20 | (40 ILCS 5/16-203)
| ||||||
| 21 | Sec. 16-203. Application and expiration of new benefit | ||||||
| 22 | increases. | ||||||
| 23 | (a) As used in this Section, "new benefit increase" means | ||||||
| 24 | an increase in the amount of any benefit provided under this | ||||||
| 25 | Article, or an expansion of the conditions of eligibility for | ||||||
| |||||||
| |||||||
| 1 | any benefit under this Article, that results from an amendment | ||||||
| 2 | to this Code that takes effect after June 1, 2005 (the | ||||||
| 3 | effective date of Public Act 94-4). "New benefit increase", | ||||||
| 4 | however, does not include any benefit increase resulting from | ||||||
| 5 | the changes made to Article 1 or this Article by Public Act | ||||||
| 6 | 95-910, Public Act 100-23, Public Act 100-587, Public Act | ||||||
| 7 | 100-743, or Public Act 100-769, Public Act 101-10, or Public | ||||||
| 8 | Act 101-49 or this amendatory Act of the 101st General | ||||||
| 9 | Assembly. | ||||||
| 10 | (b) Notwithstanding any other provision of this Code or any | ||||||
| 11 | subsequent amendment to this Code, every new benefit increase | ||||||
| 12 | is subject to this Section and shall be deemed to be granted | ||||||
| 13 | only in conformance with and contingent upon compliance with | ||||||
| 14 | the provisions of this Section.
| ||||||
| 15 | (c) The Public Act enacting a new benefit increase must | ||||||
| 16 | identify and provide for payment to the System of additional | ||||||
| 17 | funding at least sufficient to fund the resulting annual | ||||||
| 18 | increase in cost to the System as it accrues. | ||||||
| 19 | Every new benefit increase is contingent upon the General | ||||||
| 20 | Assembly providing the additional funding required under this | ||||||
| 21 | subsection. The Commission on Government Forecasting and | ||||||
| 22 | Accountability shall analyze whether adequate additional | ||||||
| 23 | funding has been provided for the new benefit increase and | ||||||
| 24 | shall report its analysis to the Public Pension Division of the | ||||||
| 25 | Department of Insurance. A new benefit increase created by a | ||||||
| 26 | Public Act that does not include the additional funding | ||||||
| |||||||
| |||||||
| 1 | required under this subsection is null and void. If the Public | ||||||
| 2 | Pension Division determines that the additional funding | ||||||
| 3 | provided for a new benefit increase under this subsection is or | ||||||
| 4 | has become inadequate, it may so certify to the Governor and | ||||||
| 5 | the State Comptroller and, in the absence of corrective action | ||||||
| 6 | by the General Assembly, the new benefit increase shall expire | ||||||
| 7 | at the end of the fiscal year in which the certification is | ||||||
| 8 | made.
| ||||||
| 9 | (d) Every new benefit increase shall expire 5 years after | ||||||
| 10 | its effective date or on such earlier date as may be specified | ||||||
| 11 | in the language enacting the new benefit increase or provided | ||||||
| 12 | under subsection (c). This does not prevent the General | ||||||
| 13 | Assembly from extending or re-creating a new benefit increase | ||||||
| 14 | by law. | ||||||
| 15 | (e) Except as otherwise provided in the language creating | ||||||
| 16 | the new benefit increase, a new benefit increase that expires | ||||||
| 17 | under this Section continues to apply to persons who applied | ||||||
| 18 | and qualified for the affected benefit while the new benefit | ||||||
| 19 | increase was in effect and to the affected beneficiaries and | ||||||
| 20 | alternate payees of such persons, but does not apply to any | ||||||
| 21 | other person, including, without limitation, a person who | ||||||
| 22 | continues in service after the expiration date and did not | ||||||
| 23 | apply and qualify for the affected benefit while the new | ||||||
| 24 | benefit increase was in effect.
| ||||||
| 25 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
| 26 | 100-743, eff. 8-10-18; 100-769, eff. 8-10-18; 101-10, eff. | ||||||
| |||||||
| |||||||
| 1 | 6-5-19; 101-49, eff. 7-12-19; 101-81, eff. 7-12-19; revised | ||||||
| 2 | 8-13-19.)
| ||||||
| 3 | Section 220. The Local Government Antitrust Exemption Act | ||||||
| 4 | is amended by changing Section 1 as follows:
| ||||||
| 5 | (50 ILCS 35/1) (from Ch. 85, par. 2901)
| ||||||
| 6 | Sec. 1.
(a) The General Assembly declares that it is in the | ||||||
| 7 | interest of
the people of Illinois that decisions regarding | ||||||
| 8 | provision of local services
and regulation of local activities | ||||||
| 9 | should be made at the local level where
possible, to the extent | ||||||
| 10 | authorized by the General Assembly or the Illinois
| ||||||
| 11 | Constitution. It is and has long been the policy of the State | ||||||
| 12 | that such
decisions be made by local government units as | ||||||
| 13 | authorized by State statute
and the Illinois Constitution. The | ||||||
| 14 | General Assembly intends that actions
permitted, either | ||||||
| 15 | expressly or by necessary implication, by State statute
or the | ||||||
| 16 | Illinois Constitution be considered affirmatively authorized | ||||||
| 17 | for
subsidiary units of government.
| ||||||
| 18 | Inasmuch as the grant of home rule home-rule authority in | ||||||
| 19 | the Illinois Constitution,
Article VII, Section 6 was | ||||||
| 20 | intentionally made broad so as to avoid unduly
restricting its | ||||||
| 21 | exercise, the scope of the home rule home-rule powers cannot be | ||||||
| 22 | precisely
described. The General Assembly intends that all | ||||||
| 23 | actions which are either
(1) granted to home rule home-rule | ||||||
| 24 | units, whether expressly or by necessary implication
or (2) | ||||||
| |||||||
| |||||||
| 1 | within traditional areas of local government activity, except | ||||||
| 2 | as
limited by the Illinois Constitution or a proper limiting | ||||||
| 3 | statute, be
considered
affirmatively authorized for home rule | ||||||
| 4 | home-rule units of government.
| ||||||
| 5 | The General Assembly intends that the "State action | ||||||
| 6 | exemption" to application
of the federal antitrust laws be | ||||||
| 7 | fully available to local governments to
the extent their | ||||||
| 8 | activities are either (1) expressly or by necessary
implication
| ||||||
| 9 | authorized by Illinois law or (2) within traditional areas of | ||||||
| 10 | local
governmental
activity.
| ||||||
| 11 | The "State action exemption" for which provision is made by | ||||||
| 12 | this
Section shall be liberally construed in favor of local | ||||||
| 13 | governments, the
agents, employees and officers thereof and | ||||||
| 14 | such exemption shall be
available notwithstanding that the | ||||||
| 15 | action of the
municipality or its agents, officers or employees | ||||||
| 16 | constitutes an irregular
exercise of constitutional or | ||||||
| 17 | statutory powers. However, this exemption
shall not apply where | ||||||
| 18 | the action alleged to be in violation of antitrust
law exceeds | ||||||
| 19 | either (1) powers granted, either expressly or by necessary
| ||||||
| 20 | implication, by Illinois statute or the Illinois Constitution | ||||||
| 21 | or (2) powers
granted to a home rule municipality to perform | ||||||
| 22 | any function pertaining to
its government and affairs or to act | ||||||
| 23 | within traditional areas of municipal
activity, except as | ||||||
| 24 | limited by the Illinois Constitution or a proper limiting | ||||||
| 25 | statute.
| ||||||
| 26 | (b) It is the policy of this State that all powers granted, | ||||||
| |||||||
| |||||||
| 1 | either
expressly or by necessary implication by any Illinois | ||||||
| 2 | statute or by the
Illinois Constitution to any Library | ||||||
| 3 | District, its officers, employees and
agents may be exercised | ||||||
| 4 | by any such Library District, its officers, agents
and | ||||||
| 5 | employees notwithstanding effects on competition. It is the | ||||||
| 6 | intention
of the General Assembly that the "State action | ||||||
| 7 | exemption" to the
application of federal antitrust statutes be | ||||||
| 8 | fully available to any such
Library District, its officers, | ||||||
| 9 | agents and employees to the extent they are
exercising | ||||||
| 10 | authority pursuant to law.
| ||||||
| 11 | (c) It is the policy of this State that all powers granted, | ||||||
| 12 | either
expressly or by necessary implication by any Illinois | ||||||
| 13 | statute or by the
Illinois Constitution to any Sanitary | ||||||
| 14 | District, its officers, employees and
agents may be exercised | ||||||
| 15 | by any Sanitary District, its officers, agents and
employees | ||||||
| 16 | notwithstanding effects on competition. It is the intention of
| ||||||
| 17 | the General Assembly that the "State action exemption" to the | ||||||
| 18 | application
of federal antitrust statutes be fully available to | ||||||
| 19 | any such Sanitary
District, its officers, agents and employees | ||||||
| 20 | to the extent they are
exercising authority pursuant to law.
| ||||||
| 21 | (d) It is the policy of this State that all powers granted, | ||||||
| 22 | either
expressly or by necessary implication by any Illinois | ||||||
| 23 | statute or by the
Illinois Constitution to any Park District | ||||||
| 24 | and its officers, employees and
agents may be exercised by any | ||||||
| 25 | such Park District, its officers, agents and
employees | ||||||
| 26 | notwithstanding effects on competition. It is the intention of
| ||||||
| |||||||
| |||||||
| 1 | the General Assembly that the "State action exemption" to the | ||||||
| 2 | application
of federal antitrust statutes be fully available to | ||||||
| 3 | any such Park District,
its officers, agents and employees to | ||||||
| 4 | the extent they are exercising
authority pursuant to law.
| ||||||
| 5 | (e) Notwithstanding the foregoing, where it is alleged that | ||||||
| 6 | a
violation of the antitrust laws has occurred, the relief | ||||||
| 7 | available to the
plaintiffs shall be limited to an injunction | ||||||
| 8 | which enjoins the alleged activity.
| ||||||
| 9 | (f) Nothing in this Section is intended to prohibit or | ||||||
| 10 | limit any cause
of action other than under an antitrust theory.
| ||||||
| 11 | (Source: P.A. 84-1050; revised 9-20-19.)
| ||||||
| 12 | Section 225. The Property Assessed Clean Energy Act is | ||||||
| 13 | amended by changing Sections 15 and 20 as follows:
| ||||||
| 14 | (50 ILCS 50/15) | ||||||
| 15 | Sec. 15. Program established. | ||||||
| 16 | (a) To establish a property assessed clean energy program, | ||||||
| 17 | the governing body shall adopt a resolution or ordinance that | ||||||
| 18 | includes all of the following: | ||||||
| 19 | (1) a finding that the financing or refinancing of | ||||||
| 20 | energy projects is a valid
public purpose; | ||||||
| 21 | (2) a statement of intent to facilitate access to | ||||||
| 22 | capital (which may be from one or more program | ||||||
| 23 | administrators or as otherwise permitted by this Act) to | ||||||
| 24 | provide funds for energy projects,
which will be repaid by | ||||||
| |||||||
| |||||||
| 1 | assessments on the property benefited with the agreement of | ||||||
| 2 | the record owners; | ||||||
| 3 | (3) a description of the proposed arrangements for | ||||||
| 4 | financing
the program through the issuance of PACE bonds | ||||||
| 5 | under or in accordance with Section 35, which PACE bonds | ||||||
| 6 | may be purchased by one or more capital providers; | ||||||
| 7 | (4) the types of energy projects that may be financed | ||||||
| 8 | or refinanced; | ||||||
| 9 | (5) a description of the territory within the PACE | ||||||
| 10 | area; | ||||||
| 11 | (6) a transcript of public comments if any | ||||||
| 12 | discretionary public hearing on the proposed program was | ||||||
| 13 | previously held by the governmental unit prior to the | ||||||
| 14 | consideration of the resolution or ordinance establishing | ||||||
| 15 | the program; and; | ||||||
| 16 | (7) (blank); | ||||||
| 17 | (7) (8) the report on the proposed program as described | ||||||
| 18 | in Section 20; for this purpose, the resolution or | ||||||
| 19 | ordinance may incorporate the report or an
amended version | ||||||
| 20 | thereof by reference and shall be available for public | ||||||
| 21 | inspection. | ||||||
| 22 | (9) (blank). | ||||||
| 23 | (b) A property assessed clean energy program may be amended | ||||||
| 24 | in accordance with the resolution or ordinance establishing the | ||||||
| 25 | program.
| ||||||
| 26 | (Source: P.A. 100-77, eff. 8-11-17; 100-863, eff. 8-14-18; | ||||||
| |||||||
| |||||||
| 1 | 100-980, eff. 1-1-19; 101-169, eff. 7-29-19; revised 9-20-19.)
| ||||||
| 2 | (50 ILCS 50/20) | ||||||
| 3 | Sec. 20. Program report. The report on the proposed program | ||||||
| 4 | required under Section 15 shall include all of the following: | ||||||
| 5 | (1) a form of assessment contract between the | ||||||
| 6 | governmental unit and
record owner governing the terms and | ||||||
| 7 | conditions of financing and assessment under the
program; | ||||||
| 8 | (2) identification of one or more officials authorized | ||||||
| 9 | to enter into an assessment contract
on behalf of the | ||||||
| 10 | governmental unit; | ||||||
| 11 | (3) (blank); | ||||||
| 12 | (4) an application process and eligibility | ||||||
| 13 | requirements for financing or refinancing energy
projects | ||||||
| 14 | under the program; | ||||||
| 15 | (5) a method for determining interest rates on amounts | ||||||
| 16 | financed or refinanced under assessment contracts,
| ||||||
| 17 | repayment periods, and the maximum amount of an assessment, | ||||||
| 18 | if any; | ||||||
| 19 | (6) an explanation of the process for billing and | ||||||
| 20 | collecting assessments; | ||||||
| 21 | (7) a plan to finance the program
pursuant to the | ||||||
| 22 | issuance of PACE bonds under or in accordance with Section | ||||||
| 23 | 35; | ||||||
| 24 | (8) information regarding all of the following, to the | ||||||
| 25 | extent known, or
procedures to determine the following in | ||||||
| |||||||
| |||||||
| 1 | the future: | ||||||
| 2 | (A) any revenue source or reserve fund or funds to | ||||||
| 3 | be used as security for PACE bonds described
in | ||||||
| 4 | paragraph (7); and | ||||||
| 5 | (B) any application, administration, or other | ||||||
| 6 | program fees to be charged
to record owners | ||||||
| 7 | participating in the program that will be used to
| ||||||
| 8 | finance and reimburse all or a portion of costs | ||||||
| 9 | incurred by the governmental unit as a result of its
| ||||||
| 10 | program; | ||||||
| 11 | (9) a requirement that the term of an assessment not | ||||||
| 12 | exceed the useful life of
the energy project financed or | ||||||
| 13 | refinanced under an assessment contract; provided that an | ||||||
| 14 | assessment contract financing or refinancing multiple | ||||||
| 15 | energy projects with varying lengths of useful life may | ||||||
| 16 | have a term that is calculated in accordance with the | ||||||
| 17 | principles established by the program report; | ||||||
| 18 | (10) a requirement for an appropriate ratio of the | ||||||
| 19 | amount of the assessment
to the greater of any of the | ||||||
| 20 | following: | ||||||
| 21 | (A) the value of the property as determined by the | ||||||
| 22 | office of the county assessor; or | ||||||
| 23 | (B) the value of the property as determined by an | ||||||
| 24 | appraisal conducted by a licensed appraiser; | ||||||
| 25 | (11) a requirement that the record owner of property | ||||||
| 26 | subject to a mortgage
obtain written consent from the | ||||||
| |||||||
| |||||||
| 1 | mortgage holder before participating in the program; | ||||||
| 2 | (12) provisions for marketing and participant | ||||||
| 3 | education; and | ||||||
| 4 | (13) (blank); and | ||||||
| 5 | (14) quality assurance and antifraud measures.
| ||||||
| 6 | (Source: P.A. 100-77, eff. 8-11-17; 100-980, eff. 1-1-19; | ||||||
| 7 | 101-169, eff. 7-29-19; revised 9-20-19.)
| ||||||
| 8 | Section 230. The Governmental Account Audit Act is amended | ||||||
| 9 | by changing Section 4 as follows:
| ||||||
| 10 | (50 ILCS 310/4) (from Ch. 85, par. 704)
| ||||||
| 11 | Sec. 4. Overdue report.
| ||||||
| 12 | (a) If the required report for a governmental unit is not | ||||||
| 13 | filed with the
Comptroller in accordance with Section 2 or | ||||||
| 14 | Section 3, whichever is
applicable, within 180 days after the | ||||||
| 15 | close of the fiscal year of the
governmental unit, the | ||||||
| 16 | Comptroller shall notify the governing body of that
unit in | ||||||
| 17 | writing that the report is due and may also grant a 60-day 60 | ||||||
| 18 | day
extension for the filing of the audit report. If the | ||||||
| 19 | required report is not
filed within the time specified in such | ||||||
| 20 | written notice, the Comptroller
shall cause an audit to be made | ||||||
| 21 | by an a auditor, and the
governmental unit shall pay to the | ||||||
| 22 | Comptroller actual compensation and
expenses to reimburse him | ||||||
| 23 | or her for the cost of preparing or completing such
report.
| ||||||
| 24 | (b) The Comptroller may decline to order an audit and the | ||||||
| |||||||
| |||||||
| 1 | preparation of
an audit report (i) if an initial examination of | ||||||
| 2 | the books and records of
the
governmental unit indicates that | ||||||
| 3 | the books and records of the governmental unit
are inadequate | ||||||
| 4 | or unavailable due to the passage of time or the occurrence of | ||||||
| 5 | a
natural disaster or (ii) if the Comptroller determines that | ||||||
| 6 | the cost of an
audit would impose an unreasonable financial | ||||||
| 7 | burden on the governmental unit.
| ||||||
| 8 | (c) The State Comptroller may grant extensions for | ||||||
| 9 | delinquent audits or reports. The Comptroller may charge a | ||||||
| 10 | governmental unit a fee for a delinquent audit or report of $5 | ||||||
| 11 | per day for the first 15 days past due, $10 per day for 16 | ||||||
| 12 | through 30 days past due, $15 per day for 31 through 45 days | ||||||
| 13 | past due, and $20 per day for the 46th day and every day | ||||||
| 14 | thereafter. These amounts may be reduced at the Comptroller's | ||||||
| 15 | discretion. All fees collected under this subsection (c) shall | ||||||
| 16 | be deposited into the Comptroller's Administrative Fund. | ||||||
| 17 | (Source: P.A. 101-419, eff. 1-1-20; revised 11-26-19.)
| ||||||
| 18 | Section 235. The Illinois Police Training Act is amended by | ||||||
| 19 | changing Sections 7 and 10.2 and by setting forth,
renumbering, | ||||||
| 20 | and changing multiple versions of Section 10.23 as follows:
| ||||||
| 21 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
| 22 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 23 | adopt rules and
minimum standards for such schools which shall | ||||||
| 24 | include, but not be limited to,
the following:
| ||||||
| |||||||
| |||||||
| 1 | a. The curriculum for probationary police officers | ||||||
| 2 | which shall be
offered by all certified schools shall | ||||||
| 3 | include, but not be limited to,
courses of procedural | ||||||
| 4 | justice, arrest and use and control tactics, search and | ||||||
| 5 | seizure, including temporary questioning, civil rights, | ||||||
| 6 | human rights, human relations,
cultural competency, | ||||||
| 7 | including implicit bias and racial and ethnic sensitivity,
| ||||||
| 8 | criminal law, law of criminal procedure, constitutional | ||||||
| 9 | and proper use of law enforcement authority, vehicle and | ||||||
| 10 | traffic law including
uniform and non-discriminatory | ||||||
| 11 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
| 12 | and accident investigation, techniques of obtaining
| ||||||
| 13 | physical evidence, court testimonies, statements, reports, | ||||||
| 14 | firearms
training, training in the use of electronic | ||||||
| 15 | control devices, including the psychological and | ||||||
| 16 | physiological effects of the use of those devices on | ||||||
| 17 | humans, first-aid (including cardiopulmonary | ||||||
| 18 | resuscitation), training in the administration of opioid | ||||||
| 19 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
| 20 | of Section 5-23 of the Substance Use Disorder Act, handling | ||||||
| 21 | of
juvenile offenders, recognition of
mental conditions | ||||||
| 22 | and crises, including, but not limited to, the disease of | ||||||
| 23 | addiction, which require immediate assistance and response | ||||||
| 24 | and methods to
safeguard and provide assistance to a person | ||||||
| 25 | in need of mental
treatment, recognition of abuse, neglect, | ||||||
| 26 | financial exploitation, and self-neglect of adults with | ||||||
| |||||||
| |||||||
| 1 | disabilities and older adults, as defined in Section 2 of | ||||||
| 2 | the Adult Protective Services Act, crimes against the | ||||||
| 3 | elderly, law of evidence, the hazards of high-speed police | ||||||
| 4 | vehicle
chases with an emphasis on alternatives to the | ||||||
| 5 | high-speed chase, and
physical training. The curriculum | ||||||
| 6 | shall include specific training in
techniques for | ||||||
| 7 | immediate response to and investigation of cases of | ||||||
| 8 | domestic
violence and of sexual assault of adults and | ||||||
| 9 | children, including cultural perceptions and common myths | ||||||
| 10 | of sexual assault and sexual abuse as well as interview | ||||||
| 11 | techniques that are age sensitive and are trauma informed, | ||||||
| 12 | victim centered, and victim sensitive. The curriculum | ||||||
| 13 | shall include
training in techniques designed to promote | ||||||
| 14 | effective
communication at the initial contact with crime | ||||||
| 15 | victims and ways to comprehensively
explain to victims and | ||||||
| 16 | witnesses their rights under the Rights
of Crime Victims | ||||||
| 17 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
| 18 | The curriculum shall also include training in effective | ||||||
| 19 | recognition of and responses to stress, trauma, and | ||||||
| 20 | post-traumatic stress experienced by police officers that | ||||||
| 21 | is consistent with Section 25 of the Illinois Mental Health | ||||||
| 22 | First Aid Training Act in a peer setting, including | ||||||
| 23 | recognizing signs and symptoms of work-related cumulative | ||||||
| 24 | stress, issues that may lead to suicide, and solutions for | ||||||
| 25 | intervention with peer support resources. The curriculum | ||||||
| 26 | shall include a block of instruction addressing the | ||||||
| |||||||
| |||||||
| 1 | mandatory reporting requirements under the Abused and | ||||||
| 2 | Neglected Child Reporting Act. The curriculum shall also | ||||||
| 3 | include a block of instruction aimed at identifying and | ||||||
| 4 | interacting with persons with autism and other | ||||||
| 5 | developmental or physical disabilities, reducing barriers | ||||||
| 6 | to reporting crimes against persons with autism, and | ||||||
| 7 | addressing the unique challenges presented by cases | ||||||
| 8 | involving victims or witnesses with autism and other | ||||||
| 9 | developmental disabilities. The curriculum shall include | ||||||
| 10 | training in the detection and investigation of all forms of | ||||||
| 11 | human trafficking. The curriculum shall also include | ||||||
| 12 | instruction in trauma-informed responses designed to | ||||||
| 13 | ensure the physical safety and well-being of a child of an | ||||||
| 14 | arrested parent or immediate family member; this | ||||||
| 15 | instruction must include, but is not limited to: (1) | ||||||
| 16 | understanding the trauma experienced by the child while | ||||||
| 17 | maintaining the integrity of the arrest and safety of | ||||||
| 18 | officers, suspects, and other involved individuals; (2) | ||||||
| 19 | de-escalation tactics that would include the use of force | ||||||
| 20 | when reasonably necessary; and (3) inquiring whether a | ||||||
| 21 | child will require supervision and care. The curriculum for
| ||||||
| 22 | permanent police officers shall include, but not be limited | ||||||
| 23 | to: (1) refresher
and in-service training in any of the | ||||||
| 24 | courses listed above in this
subparagraph, (2) advanced | ||||||
| 25 | courses in any of the subjects listed above in
this | ||||||
| 26 | subparagraph, (3) training for supervisory personnel, and | ||||||
| |||||||
| |||||||
| 1 | (4)
specialized training in subjects and fields to be | ||||||
| 2 | selected by the board. The training in the use of | ||||||
| 3 | electronic control devices shall be conducted for | ||||||
| 4 | probationary police officers, including University police | ||||||
| 5 | officers.
| ||||||
| 6 | b. Minimum courses of study, attendance requirements | ||||||
| 7 | and equipment
requirements.
| ||||||
| 8 | c. Minimum requirements for instructors.
| ||||||
| 9 | d. Minimum basic training requirements, which a | ||||||
| 10 | probationary police
officer must satisfactorily complete | ||||||
| 11 | before being eligible for permanent
employment as a local | ||||||
| 12 | law enforcement officer for a participating local
| ||||||
| 13 | governmental agency. Those requirements shall include | ||||||
| 14 | training in first aid
(including cardiopulmonary | ||||||
| 15 | resuscitation).
| ||||||
| 16 | e. Minimum basic training requirements, which a | ||||||
| 17 | probationary county
corrections officer must | ||||||
| 18 | satisfactorily complete before being eligible for
| ||||||
| 19 | permanent employment as a county corrections officer for a | ||||||
| 20 | participating
local governmental agency.
| ||||||
| 21 | f. Minimum basic training requirements which a | ||||||
| 22 | probationary court
security officer must satisfactorily | ||||||
| 23 | complete before being eligible for
permanent employment as | ||||||
| 24 | a court security officer for a participating local
| ||||||
| 25 | governmental agency. The Board shall
establish those | ||||||
| 26 | training requirements which it considers appropriate for | ||||||
| |||||||
| |||||||
| 1 | court
security officers and shall certify schools to | ||||||
| 2 | conduct that training.
| ||||||
| 3 | A person hired to serve as a court security officer | ||||||
| 4 | must obtain from the
Board a certificate (i) attesting to | ||||||
| 5 | his or her successful completion of the
training course; | ||||||
| 6 | (ii) attesting to his or her satisfactory
completion of a | ||||||
| 7 | training program of similar content and number of hours | ||||||
| 8 | that
has been found acceptable by the Board under the | ||||||
| 9 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
| 10 | determination that the training
course is unnecessary | ||||||
| 11 | because of the person's extensive prior law enforcement
| ||||||
| 12 | experience.
| ||||||
| 13 | Individuals who currently serve as court security | ||||||
| 14 | officers shall be deemed
qualified to continue to serve in | ||||||
| 15 | that capacity so long as they are certified
as provided by | ||||||
| 16 | this Act within 24 months of June 1, 1997 (the effective | ||||||
| 17 | date of Public Act 89-685). Failure to be so certified, | ||||||
| 18 | absent a waiver from the
Board, shall cause the officer to | ||||||
| 19 | forfeit his or her position.
| ||||||
| 20 | All individuals hired as court security officers on or | ||||||
| 21 | after June 1, 1997 (the effective
date of Public Act | ||||||
| 22 | 89-685) shall be certified within 12 months of the
date of | ||||||
| 23 | their hire, unless a waiver has been obtained by the Board, | ||||||
| 24 | or they
shall forfeit their positions.
| ||||||
| 25 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 26 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
| |||||||
| |||||||
| 1 | shall maintain a list of all
individuals who have filed | ||||||
| 2 | applications to become court security officers and
who meet | ||||||
| 3 | the eligibility requirements established under this Act. | ||||||
| 4 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
| 5 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
| 6 | establish a schedule of reasonable intervals for
| ||||||
| 7 | verification of the applicants' qualifications under
this | ||||||
| 8 | Act and as established by the Board.
| ||||||
| 9 | g. Minimum in-service training requirements, which a | ||||||
| 10 | police officer must satisfactorily complete every 3 years. | ||||||
| 11 | Those requirements shall include constitutional and proper | ||||||
| 12 | use of law enforcement authority, procedural justice, | ||||||
| 13 | civil rights, human rights, mental health awareness and | ||||||
| 14 | response, officer wellness, reporting child abuse and | ||||||
| 15 | neglect, and cultural competency. | ||||||
| 16 | h. Minimum in-service training requirements, which a | ||||||
| 17 | police officer must satisfactorily complete at least | ||||||
| 18 | annually. Those requirements shall include law updates and | ||||||
| 19 | use of force training which shall include scenario based | ||||||
| 20 | training, or similar training approved by the Board. | ||||||
| 21 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
| 22 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
| 23 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
| 24 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
| 25 | 101-564, eff. 1-1-20; revised 9-10-19.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/10.2)
| ||||||
| 2 | Sec. 10.2. Criminal background investigations.
| ||||||
| 3 | (a) On and after March 14, 2002 (the effective date of | ||||||
| 4 | Public Act 92-533) this amendatory Act of the 92nd
General | ||||||
| 5 | Assembly,
an applicant for employment as a peace officer, or | ||||||
| 6 | for annual certification as a retired law enforcement officer | ||||||
| 7 | qualified under federal law to carry a concealed weapon, shall | ||||||
| 8 | authorize an
investigation to determine if
the applicant has | ||||||
| 9 | been convicted of, or entered a plea of guilty to, any criminal | ||||||
| 10 | offense that disqualifies the
person as a peace
officer.
| ||||||
| 11 | (b) No law enforcement agency may knowingly employ a | ||||||
| 12 | person, or certify a retired law enforcement officer qualified | ||||||
| 13 | under federal law to carry a concealed weapon, unless (i) a
| ||||||
| 14 | criminal
background investigation of that person
has been | ||||||
| 15 | completed and (ii) that investigation reveals no convictions of | ||||||
| 16 | or pleas of guilty to of
offenses specified in subsection (a) | ||||||
| 17 | of Section 6.1 of this Act.
| ||||||
| 18 | (Source: P.A. 101-187, eff. 1-1-20; revised 9-23-19.)
| ||||||
| 19 | (50 ILCS 705/10.23) | ||||||
| 20 | Sec. 10.23. Training; human trafficking. The Board shall | ||||||
| 21 | conduct or approve an in-service training program in the | ||||||
| 22 | detection and investigation of all forms of human trafficking, | ||||||
| 23 | including, but not limited to, "involuntary servitude" under | ||||||
| 24 | subsection (b) of Section 10-9 of the Criminal Code of 2012, | ||||||
| 25 | "involuntary sexual servitude of a minor" under subsection (c) | ||||||
| |||||||
| |||||||
| 1 | of Section 10-9 of the Criminal Code of 2012, and "trafficking | ||||||
| 2 | in persons" under subsection (d) of Section 10-9 of the | ||||||
| 3 | Criminal Code of 2012. This program shall be made available to | ||||||
| 4 | all certified law enforcement, correctional, and court | ||||||
| 5 | security officers.
| ||||||
| 6 | (Source: P.A. 101-18, eff. 1-1-20; revised 9-25-19.)
| ||||||
| 7 | (50 ILCS 705/10.24) | ||||||
| 8 | Sec. 10.24 10.23. Officer wellness and suicide prevention. | ||||||
| 9 | The Board shall create, develop, or approve an in-service | ||||||
| 10 | course addressing issues of officer wellness and suicide | ||||||
| 11 | prevention. The course shall include instruction on | ||||||
| 12 | job-related stress management techniques, skills for | ||||||
| 13 | recognizing signs and symptoms of work-related cumulative | ||||||
| 14 | stress, recognition of other issues that may lead to officer | ||||||
| 15 | suicide, solutions for intervention, and a presentation on | ||||||
| 16 | available peer support resources.
| ||||||
| 17 | (Source: P.A. 101-215, eff. 1-1-20; revised 9-25-19.)
| ||||||
| 18 | Section 240. The Law Enforcement Officer-Worn Body Camera | ||||||
| 19 | Act is amended by changing Section 10-1 as follows:
| ||||||
| 20 | (50 ILCS 706/10-1)
| ||||||
| 21 | Sec. 10-1. Short title. This Article Act may be cited as | ||||||
| 22 | the Law Enforcement Officer-Worn Body Camera Act. References in | ||||||
| 23 | this Article to "this Act" mean this Article.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-352, eff. 1-1-16; revised 8-7-19.)
| ||||||
| 2 | Section 245. The Illinois Fire Protection Training Act is | ||||||
| 3 | amended by changing Sections 2 and 8 as follows:
| ||||||
| 4 | (50 ILCS 740/2) (from Ch. 85, par. 532)
| ||||||
| 5 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 6 | context
requires otherwise:
| ||||||
| 7 | a. "Office" means the Office of the State Fire Marshal.
| ||||||
| 8 | b. "Local governmental agency" means any local | ||||||
| 9 | governmental unit or
municipal corporation in this State. It | ||||||
| 10 | does not include the State of
Illinois or any office, officer, | ||||||
| 11 | department, division, bureau, board,
commission, or agency of | ||||||
| 12 | the State except: (i) a State controlled university,
college, | ||||||
| 13 | or public community college, or (ii) the Office of the State | ||||||
| 14 | Fire Marshal.
| ||||||
| 15 | c. "School" means any school located within the State of | ||||||
| 16 | Illinois
whether privately or publicly owned which offers a | ||||||
| 17 | course in fire
protection training or related subjects and | ||||||
| 18 | which has been approved by
the Office.
| ||||||
| 19 | d. "Trainee" means a recruit fire fighter required to | ||||||
| 20 | complete
initial minimum basic training requirements at an | ||||||
| 21 | approved school to be
eligible for permanent employment as a | ||||||
| 22 | fire fighter.
| ||||||
| 23 | e. "Fire protection personnel" and "fire fighter" means any | ||||||
| 24 | person
engaged in fire administration, fire prevention, fire | ||||||
| |||||||
| |||||||
| 1 | suppression, fire
education and arson investigation, including | ||||||
| 2 | any permanently employed,
trainee, or volunteer fire fighter, | ||||||
| 3 | whether or not such person, trainee,
or volunteer is | ||||||
| 4 | compensated for all or any fraction of his time.
| ||||||
| 5 | f. "Basic training" and "basic level" shall mean the entry | ||||||
| 6 | level fire fighter
program established by the Office.
| ||||||
| 7 | g. "Advanced training" means the advanced level fire | ||||||
| 8 | fighter programs established by the Office. | ||||||
| 9 | (Source: P.A. 100-600, eff. 1-1-19; revised 8-7-19.)
| ||||||
| 10 | (50 ILCS 740/8) (from Ch. 85, par. 538)
| ||||||
| 11 | Sec. 8. Rules and minimum standards for schools. The Office
| ||||||
| 12 | shall adopt rules and minimum standards for such
schools which | ||||||
| 13 | shall include but not be limited to the following:
| ||||||
| 14 | a. Minimum courses of study, resources, facilities, | ||||||
| 15 | apparatus,
equipment, reference material, established | ||||||
| 16 | records and procedures as
determined by the Office.
| ||||||
| 17 | b. Minimum requirements for instructors.
| ||||||
| 18 | c. Minimum basic training requirements, which a | ||||||
| 19 | trainee must
satisfactorily complete before being eligible | ||||||
| 20 | for permanent employment
as a firefighter in the fire | ||||||
| 21 | department of a participating local
governmental agency.
| ||||||
| 22 | Those requirements shall include training in first aid | ||||||
| 23 | (including
cardiopulmonary resuscitation), training in the | ||||||
| 24 | administration of opioid antagonists as defined in | ||||||
| 25 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
| |||||||
| |||||||
| 1 | Substance Use Disorder Act, and training in the history of | ||||||
| 2 | the fire service labor movement using curriculum and | ||||||
| 3 | instructors provided by a statewide organization | ||||||
| 4 | representing professional union firefighters in Illinois.
| ||||||
| 5 | d. Training in effective recognition of and responses | ||||||
| 6 | to stress, trauma, and post-traumatic stress experienced | ||||||
| 7 | by firefighters that is consistent with Section 25 of the | ||||||
| 8 | Illinois Mental Health First Aid Training Act in a peer | ||||||
| 9 | setting. | ||||||
| 10 | (Source: P.A. 100-759, eff. 1-1-19; 101-375, eff. 8-16-19; | ||||||
| 11 | 101-620, eff. 12-20-19; revised 1-7-20.)
| ||||||
| 12 | Section 250. The Counties Code is amended by changing | ||||||
| 13 | Sections 5-1009, and 5-10004 and by setting forth and
| ||||||
| 14 | renumbering multiple versions of Section 5-1184 as follows:
| ||||||
| 15 | (55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009)
| ||||||
| 16 | Sec. 5-1009. Limitation on home rule powers. Except as | ||||||
| 17 | provided in
Sections 5-1006, 5-1006.5, 5-1006.8, 5-1007, and | ||||||
| 18 | 5-1008, on and after September 1,
1990, no home
rule county has | ||||||
| 19 | the authority to impose, pursuant to its home rule
authority, a | ||||||
| 20 | retailers' retailer's occupation tax, service occupation tax, | ||||||
| 21 | use tax,
sales tax or other tax on the use, sale or purchase of | ||||||
| 22 | tangible personal
property based on the gross receipts from | ||||||
| 23 | such sales or the selling or
purchase price of said tangible | ||||||
| 24 | personal property. Notwithstanding the
foregoing, this Section | ||||||
| |||||||
| |||||||
| 1 | does not preempt any home rule imposed tax such as
the | ||||||
| 2 | following: (1) a tax on alcoholic beverages, whether based on | ||||||
| 3 | gross
receipts, volume sold or any other measurement; (2) a tax | ||||||
| 4 | based on the
number of units of cigarettes or tobacco products; | ||||||
| 5 | (3) a tax, however
measured, based on the use of a hotel or | ||||||
| 6 | motel room or similar facility;
(4) a tax, however measured, on | ||||||
| 7 | the sale or transfer of real property; (5)
a tax, however | ||||||
| 8 | measured, on lease receipts; (6) a tax on food prepared for
| ||||||
| 9 | immediate consumption and on alcoholic beverages sold by a | ||||||
| 10 | business which
provides for on premise consumption of said food | ||||||
| 11 | or alcoholic beverages; or
(7) other taxes not based on the | ||||||
| 12 | selling or purchase price or gross
receipts from the use, sale | ||||||
| 13 | or purchase of tangible personal property. This Section does | ||||||
| 14 | not preempt a home rule county from imposing a tax, however | ||||||
| 15 | measured, on the use, for consideration, of a parking lot, | ||||||
| 16 | garage, or other parking facility. | ||||||
| 17 | On and after December 1, 2019, no home rule county has the | ||||||
| 18 | authority to impose, pursuant to its home rule authority, a | ||||||
| 19 | tax, however measured, on sales of aviation fuel, as defined in | ||||||
| 20 | Section 3 of the Retailers' Occupation Tax Act, unless the tax | ||||||
| 21 | revenue is expended for airport-related purposes. For purposes | ||||||
| 22 | of this Section, "airport-related purposes" has the meaning | ||||||
| 23 | ascribed in Section 6z-20.2 of the State Finance Act. Aviation | ||||||
| 24 | fuel shall be excluded from tax only for so long as the revenue | ||||||
| 25 | use requirements of 49 U.S.C. 47017(b) and 49 U.S.C. 47133 are | ||||||
| 26 | binding on the county. | ||||||
| |||||||
| |||||||
| 1 | This
Section is a limitation, pursuant to subsection (g) of | ||||||
| 2 | Section 6 of Article
VII of the Illinois Constitution, on the | ||||||
| 3 | power of home rule units to tax. The changes made to this | ||||||
| 4 | Section by Public Act 101-10 this amendatory Act of the 101st | ||||||
| 5 | General Assembly are a denial and limitation of home rule | ||||||
| 6 | powers and functions under subsection (g) of Section 6 of | ||||||
| 7 | Article VII of the Illinois Constitution.
| ||||||
| 8 | (Source: P.A. 101-10, eff. 6-5-19; 101-27, eff. 6-25-19; | ||||||
| 9 | revised 8-19-19.)
| ||||||
| 10 | (55 ILCS 5/5-1184) | ||||||
| 11 | Sec. 5-1184. (Repealed). | ||||||
| 12 | (Source: P.A. 101-10, eff. 6-5-19. Repealed by P.A. 101-604, | ||||||
| 13 | eff. 12-13-19.)
| ||||||
| 14 | (55 ILCS 5/5-1185) | ||||||
| 15 | Sec. 5-1185 5-1184. Dissolution of townships in McHenry | ||||||
| 16 | County. If a township in McHenry County dissolves as provided | ||||||
| 17 | in Article 24 of the Township Code, McHenry County shall assume | ||||||
| 18 | the powers, duties, and obligations of each dissolved township | ||||||
| 19 | as provided in Article 24 of the Township Code.
| ||||||
| 20 | (Source: P.A. 101-230, eff. 8-9-19; revised 10-7-19.)
| ||||||
| 21 | (55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
| ||||||
| 22 | Sec. 5-10004. Qualifications for license. A license to | ||||||
| 23 | operate
or maintain a dance hall may be issued by the county | ||||||
| |||||||
| |||||||
| 1 | board to any citizen,
firm, or corporation of the State: , who
| ||||||
| 2 | (1) who submits a written application for a license, | ||||||
| 3 | which application shall
state, and the applicant shall | ||||||
| 4 | state under oath:
| ||||||
| 5 | (a) the name, address, and residence of the | ||||||
| 6 | applicant, and the length of
time he has lived at that | ||||||
| 7 | residence;
| ||||||
| 8 | (b) the place of birth of the applicant, and, if | ||||||
| 9 | the applicant is a
naturalized citizen, the time and | ||||||
| 10 | place of such naturalization;
| ||||||
| 11 | (c) whether the applicant has a prior felony | ||||||
| 12 | conviction; and
| ||||||
| 13 | (d) the location of the place or building where the | ||||||
| 14 | applicant intends to
operate or maintain the dance | ||||||
| 15 | hall; and .
| ||||||
| 16 | (2) and who establishes:
| ||||||
| 17 | (a) that he is a person of good moral character; | ||||||
| 18 | and
| ||||||
| 19 | (b) that the place or building where the dance hall | ||||||
| 20 | or road house is to
be operated or maintained, | ||||||
| 21 | reasonably conforms to all laws, and health and
fire | ||||||
| 22 | regulations applicable thereto, and is properly | ||||||
| 23 | ventilated and
supplied with separate and sufficient | ||||||
| 24 | toilet arrangements for each sex, and
is a safe and | ||||||
| 25 | proper place or building for a public dance hall or | ||||||
| 26 | road
house.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-286, eff. 1-1-18; revised 8-7-19.)
| ||||||
| 2 | Section 255. The Illinois Municipal Code is amended by | ||||||
| 3 | changing Sections 1-1-10, 10-1-7.1, 10-1-48, 10-2.1-6.3, | ||||||
| 4 | 11-74.4-8, and 11-74.6-35 as follows:
| ||||||
| 5 | (65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
| ||||||
| 6 | Sec. 1-1-10.
It is the policy of this State that all powers | ||||||
| 7 | granted, either
expressly or by necessary implication, by this | ||||||
| 8 | Code, by Illinois statute,
or by the Illinois Constitution to | ||||||
| 9 | municipalities may be exercised
by those municipalities, and | ||||||
| 10 | the officers, employees, and agents of each,
notwithstanding | ||||||
| 11 | effects on competition.
| ||||||
| 12 | It is further the policy of this State that home rule | ||||||
| 13 | home-rule municipalities and , the officers, employees, and | ||||||
| 14 | agents of each may
(1) exercise any power and perform any | ||||||
| 15 | function pertaining to their government
and affairs or (2) | ||||||
| 16 | exercise those powers within traditional areas of municipal
| ||||||
| 17 | activity, except as limited by the Illinois Constitution or a | ||||||
| 18 | proper limiting
statute, notwithstanding effects on | ||||||
| 19 | competition.
| ||||||
| 20 | It is the intention of the General Assembly that the "State | ||||||
| 21 | action exemption"
to the application of federal antitrust | ||||||
| 22 | statutes be fully available to
all municipalities, and the | ||||||
| 23 | agents, officers, and employees of each
to the extent they are | ||||||
| 24 | exercising authority as aforesaid, including, but
not limited | ||||||
| |||||||
| |||||||
| 1 | to, the provisions of Sections 6, 7, and 10 of Article VII of
| ||||||
| 2 | the Illinois Constitution or the provisions of the following | ||||||
| 3 | Illinois
statutes, as each is now in existence or may | ||||||
| 4 | hereinafter be amended:
| ||||||
| 5 | (a) The Illinois Local Library Act; Article 27 of the | ||||||
| 6 | Property Tax Code "An Act to provide the manner of
levying or | ||||||
| 7 | imposing taxes for the provision of special services to areas
| ||||||
| 8 | within the boundaries of home rule units and non-home rule | ||||||
| 9 | municipalities
and counties", approved September 21, 1973, as | ||||||
| 10 | amended; the Housing Development and Construction Act "An Act | ||||||
| 11 | to
facilitate the development and construction of housing, to | ||||||
| 12 | provide
governmental assistance therefor, and to repeal an Act | ||||||
| 13 | herein named", approved July
2, 1947, as amended; or the | ||||||
| 14 | Housing Authorities Act, the Housing
Cooperation Law, the | ||||||
| 15 | Blighted Areas Redevelopment Act of 1947, the Blighted
Vacant | ||||||
| 16 | Areas Development Act of 1949, the Urban Community Conservation | ||||||
| 17 | Act,
the Illinois Enterprise Zone Act, or any other power | ||||||
| 18 | exercised pursuant to
the Intergovernmental Cooperation Act; | ||||||
| 19 | or
| ||||||
| 20 | (b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of the | ||||||
| 21 | Illinois Municipal
Code; Divisions 9, 10, and 11 of Article 8 | ||||||
| 22 | of the Illinois Municipal Code;
Divisions 1, 2, 3, 4, and 5 of | ||||||
| 23 | Article 9 of the Illinois Municipal Code; and
all of Divisions | ||||||
| 24 | of Articles 10 and 11 of the Illinois Municipal Code; or
| ||||||
| 25 | (c) Any other Illinois statute or constitutional provision | ||||||
| 26 | now existing
or which may be enacted in the future, by which | ||||||
| |||||||
| |||||||
| 1 | any municipality may exercise authority.
| ||||||
| 2 | The "State action exemption" for which provision is made by | ||||||
| 3 | this Section
shall be liberally construed in favor of such | ||||||
| 4 | municipalities and the
agents, employees, and officers | ||||||
| 5 | thereof, and such exemption shall be
available notwithstanding | ||||||
| 6 | that the action of the municipality or its
agents, officers, or | ||||||
| 7 | employees
constitutes an irregular exercise of constitutional | ||||||
| 8 | or statutory powers.
However, this exemption shall not apply | ||||||
| 9 | where the action alleged to be in
violation of antitrust law | ||||||
| 10 | exceeds either (1) powers granted, either
expressly or by | ||||||
| 11 | necessary implication, by Illinois statute or the Illinois
| ||||||
| 12 | Constitution or (2) powers granted to a home rule municipality | ||||||
| 13 | to perform
any function pertaining to its government and | ||||||
| 14 | affairs or to act within
traditional areas of municipal | ||||||
| 15 | activity, except as limited by the Illinois
Constitution or a | ||||||
| 16 | proper limiting statute.
| ||||||
| 17 | Notwithstanding the foregoing, where it is alleged that a | ||||||
| 18 | violation of
the antitrust laws has occurred, the relief | ||||||
| 19 | available to the plaintiffs
shall be limited to an injunction | ||||||
| 20 | which enjoins the alleged activity.
| ||||||
| 21 | Nothing in this Section is intended to prohibit or limit | ||||||
| 22 | any cause of
action other than under an antitrust theory.
| ||||||
| 23 | (Source: P.A. 84-1050; revised 8-7-19.)
| ||||||
| 24 | (65 ILCS 5/10-1-7.1) | ||||||
| 25 | Sec. 10-1-7.1. Original appointments; full-time fire | ||||||
| |||||||
| |||||||
| 1 | department. | ||||||
| 2 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 3 | provisions of Section 10-1-7.2, this Section shall apply to all | ||||||
| 4 | original appointments to an affected full-time fire | ||||||
| 5 | department. Existing registers of eligibles shall continue to | ||||||
| 6 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 7 | years after August 4, 2011 (the effective date of Public Act | ||||||
| 8 | 97-251) this amendatory Act of the 97th General Assembly. | ||||||
| 9 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 10 | to the contrary, all original appointments to an affected | ||||||
| 11 | department to which this Section applies shall be administered | ||||||
| 12 | in the manner provided for in this Section. Provisions of the | ||||||
| 13 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
| 14 | adopted pursuant to such authority and other laws relating to | ||||||
| 15 | initial hiring of firefighters in affected departments shall | ||||||
| 16 | continue to apply to the extent they are compatible with this | ||||||
| 17 | Section, but in the event of a conflict between this Section | ||||||
| 18 | and any other law, this Section shall control. | ||||||
| 19 | A home rule or non-home rule municipality may not | ||||||
| 20 | administer its fire department process for original | ||||||
| 21 | appointments in a manner that is less stringent than this | ||||||
| 22 | Section. This Section is a limitation under subsection (i) of | ||||||
| 23 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 24 | concurrent exercise by home rule units of the powers and | ||||||
| 25 | functions exercised by the State. | ||||||
| 26 | A municipality that is operating under a court order or | ||||||
| |||||||
| |||||||
| 1 | consent decree regarding original appointments to a full-time | ||||||
| 2 | fire department before August 4, 2011 (the effective date of | ||||||
| 3 | Public Act 97-251) this amendatory Act of the 97th General | ||||||
| 4 | Assembly is exempt from the requirements of this Section for | ||||||
| 5 | the duration of the court order or consent decree. | ||||||
| 6 | Notwithstanding any other provision of this subsection | ||||||
| 7 | (a), this Section does not apply to a municipality with more | ||||||
| 8 | than 1,000,000 inhabitants. | ||||||
| 9 | (b) Original appointments. All original appointments made | ||||||
| 10 | to an affected fire department shall be made from a register of | ||||||
| 11 | eligibles established in accordance with the processes | ||||||
| 12 | established by this Section. Only persons who meet or exceed | ||||||
| 13 | the performance standards required by this Section shall be | ||||||
| 14 | placed on a register of eligibles for original appointment to | ||||||
| 15 | an affected fire department. | ||||||
| 16 | Whenever an appointing authority authorizes action to hire | ||||||
| 17 | a person to perform the duties of a firefighter or to hire a | ||||||
| 18 | firefighter-paramedic to fill a position that is a new position | ||||||
| 19 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 20 | granting of a disability or retirement pension, or any other | ||||||
| 21 | cause, the appointing authority shall appoint to that position | ||||||
| 22 | the person with the highest ranking on the final eligibility | ||||||
| 23 | list. If the appointing authority has reason to conclude that | ||||||
| 24 | the highest ranked person fails to meet the minimum standards | ||||||
| 25 | for the position or if the appointing authority believes an | ||||||
| 26 | alternate candidate would better serve the needs of the | ||||||
| |||||||
| |||||||
| 1 | department, then the appointing authority has the right to pass | ||||||
| 2 | over the highest ranked person and appoint either: (i) any | ||||||
| 3 | person who has a ranking in the top 5% of the register of | ||||||
| 4 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 5 | ranked persons on the list of eligibles if the number of people | ||||||
| 6 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 7 | is less than 5 people. | ||||||
| 8 | Any candidate may pass on an appointment once without | ||||||
| 9 | losing his or her position on the register of eligibles. Any | ||||||
| 10 | candidate who passes a second time may be removed from the list | ||||||
| 11 | by the appointing authority provided that such action shall not | ||||||
| 12 | prejudice a person's opportunities to participate in future | ||||||
| 13 | examinations, including an examination held during the time a | ||||||
| 14 | candidate is already on the municipality's register of | ||||||
| 15 | eligibles. | ||||||
| 16 | The sole authority to issue certificates of appointment | ||||||
| 17 | shall be vested in the Civil Service Commission. All | ||||||
| 18 | certificates of appointment issued to any officer or member of | ||||||
| 19 | an affected department shall be signed by the chairperson and | ||||||
| 20 | secretary, respectively, of the commission upon appointment of | ||||||
| 21 | such officer or member to the affected department by the | ||||||
| 22 | commission. After being selected from the register of eligibles | ||||||
| 23 | to fill a vacancy in the affected department, each appointee | ||||||
| 24 | shall be presented with his or her certificate of appointment | ||||||
| 25 | on the day on which he or she is sworn in as a classified member | ||||||
| 26 | of the affected department. Firefighters who were not issued a | ||||||
| |||||||
| |||||||
| 1 | certificate of appointment when originally appointed shall be | ||||||
| 2 | provided with a certificate within 10 days after making a | ||||||
| 3 | written request to the chairperson of the Civil Service | ||||||
| 4 | Commission. Each person who accepts a certificate of | ||||||
| 5 | appointment and successfully completes his or her probationary | ||||||
| 6 | period shall be enrolled as a firefighter and as a regular | ||||||
| 7 | member of the fire department. | ||||||
| 8 | For the purposes of this Section, "firefighter" means any | ||||||
| 9 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
| 10 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
| 11 | 97th General Assembly appointed to a fire department or fire | ||||||
| 12 | protection district or employed by a State university and sworn | ||||||
| 13 | or commissioned to perform firefighter duties or paramedic | ||||||
| 14 | duties, or both, except that the following persons are not | ||||||
| 15 | included: part-time firefighters; auxiliary, reserve, or | ||||||
| 16 | voluntary firefighters, including paid-on-call firefighters; | ||||||
| 17 | clerks and dispatchers or other civilian employees of a fire | ||||||
| 18 | department or fire protection district who are not routinely | ||||||
| 19 | expected to perform firefighter duties; and elected officials. | ||||||
| 20 | (c) Qualification for placement on register of eligibles. | ||||||
| 21 | The purpose of establishing a register of eligibles is to | ||||||
| 22 | identify applicants who possess and demonstrate the mental | ||||||
| 23 | aptitude and physical ability to perform the duties required of | ||||||
| 24 | members of the fire department in order to provide the highest | ||||||
| 25 | quality of service to the public. To this end, all applicants | ||||||
| 26 | for original appointment to an affected fire department shall | ||||||
| |||||||
| |||||||
| 1 | be subject to examination and testing which shall be public, | ||||||
| 2 | competitive, and open to all applicants unless the municipality | ||||||
| 3 | shall by ordinance limit applicants to residents of the | ||||||
| 4 | municipality, county or counties in which the municipality is | ||||||
| 5 | located, State, or nation. Any examination and testing | ||||||
| 6 | procedure utilized under subsection (e) of this Section shall | ||||||
| 7 | be supported by appropriate validation evidence and shall | ||||||
| 8 | comply with all applicable State and federal laws. | ||||||
| 9 | Municipalities may establish educational, emergency medical | ||||||
| 10 | service licensure, and other prerequisites prerequites for | ||||||
| 11 | participation in an examination or for hire as a firefighter. | ||||||
| 12 | Any municipality may charge a fee to cover the costs of the | ||||||
| 13 | application process. | ||||||
| 14 | Residency requirements in effect at the time an individual | ||||||
| 15 | enters the fire service of a municipality cannot be made more | ||||||
| 16 | restrictive for that individual during his or her period of | ||||||
| 17 | service for that municipality, or be made a condition of | ||||||
| 18 | promotion, except for the rank or position of fire chief and | ||||||
| 19 | for no more than 2 positions that rank immediately below that | ||||||
| 20 | of the chief rank which are appointed positions pursuant to the | ||||||
| 21 | Fire Department Promotion Act. | ||||||
| 22 | No person who is 35 years of age or older shall be eligible | ||||||
| 23 | to take an examination for a position as a firefighter unless | ||||||
| 24 | the person has had previous employment status as a firefighter | ||||||
| 25 | in the regularly constituted fire department of the | ||||||
| 26 | municipality, except as provided in this Section. The age | ||||||
| |||||||
| |||||||
| 1 | limitation does not apply to: | ||||||
| 2 | (1) any person previously employed as a full-time | ||||||
| 3 | firefighter in a regularly constituted fire department of | ||||||
| 4 | (i) any municipality or fire protection district located in | ||||||
| 5 | Illinois, (ii) a fire protection district whose | ||||||
| 6 | obligations were assumed by a municipality under Section 21 | ||||||
| 7 | of the Fire Protection District Act, or (iii) a | ||||||
| 8 | municipality whose obligations were taken over by a fire | ||||||
| 9 | protection district, | ||||||
| 10 | (2) any person who has served a municipality as a | ||||||
| 11 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 12 | firefighter for the 5 years immediately preceding the time | ||||||
| 13 | that the municipality begins to use full-time firefighters | ||||||
| 14 | to provide all or part of its fire protection service, or | ||||||
| 15 | (3) any person who turned 35 while serving as a member | ||||||
| 16 | of the active or reserve components of any of the branches | ||||||
| 17 | of the Armed Forces of the United States or the National | ||||||
| 18 | Guard of any state, whose service was characterized as | ||||||
| 19 | honorable or under honorable, if separated from the | ||||||
| 20 | military, and is currently under the age of 40. | ||||||
| 21 | No person who is under 21 years of age shall be eligible | ||||||
| 22 | for employment as a firefighter. | ||||||
| 23 | No applicant shall be examined concerning his or her | ||||||
| 24 | political or religious opinions or affiliations. The | ||||||
| 25 | examinations shall be conducted by the commissioners of the | ||||||
| 26 | municipality or their designees and agents. | ||||||
| |||||||
| |||||||
| 1 | No municipality shall require that any firefighter | ||||||
| 2 | appointed to the lowest rank serve a probationary employment | ||||||
| 3 | period of longer than one year of actual active employment, | ||||||
| 4 | which may exclude periods of training, or injury or illness | ||||||
| 5 | leaves, including duty related leave, in excess of 30 calendar | ||||||
| 6 | days. Notwithstanding anything to the contrary in this Section, | ||||||
| 7 | the probationary employment period limitation may be extended | ||||||
| 8 | for a firefighter who is required, as a condition of | ||||||
| 9 | employment, to be a licensed paramedic, during which time the | ||||||
| 10 | sole reason that a firefighter may be discharged without a | ||||||
| 11 | hearing is for failing to meet the requirements for paramedic | ||||||
| 12 | licensure. | ||||||
| 13 | In the event that any applicant who has been found eligible | ||||||
| 14 | for appointment and whose name has been placed upon the final | ||||||
| 15 | eligibility register provided for in this Division 1 has not | ||||||
| 16 | been appointed to a firefighter position within one year after | ||||||
| 17 | the date of his or her physical ability examination, the | ||||||
| 18 | commission may cause a second examination to be made of that | ||||||
| 19 | applicant's physical ability prior to his or her appointment. | ||||||
| 20 | If, after the second examination, the physical ability of the | ||||||
| 21 | applicant shall be found to be less than the minimum standard | ||||||
| 22 | fixed by the rules of the commission, the applicant shall not | ||||||
| 23 | be appointed. The applicant's name may be retained upon the | ||||||
| 24 | register of candidates eligible for appointment and when next | ||||||
| 25 | reached for certification and appointment that applicant may be | ||||||
| 26 | again examined as provided in this Section, and if the physical | ||||||
| |||||||
| |||||||
| 1 | ability of that applicant is found to be less than the minimum | ||||||
| 2 | standard fixed by the rules of the commission, the applicant | ||||||
| 3 | shall not be appointed, and the name of the applicant shall be | ||||||
| 4 | removed from the register. | ||||||
| 5 | (d) Notice, examination, and testing components. Notice of | ||||||
| 6 | the time, place, general scope, merit criteria for any | ||||||
| 7 | subjective component, and fee of every examination shall be | ||||||
| 8 | given by the commission, by a publication at least 2 weeks | ||||||
| 9 | preceding the examination: (i) in one or more newspapers | ||||||
| 10 | published in the municipality, or if no newspaper is published | ||||||
| 11 | therein, then in one or more newspapers with a general | ||||||
| 12 | circulation within the municipality, or (ii) on the | ||||||
| 13 | municipality's Internet website. Additional notice of the | ||||||
| 14 | examination may be given as the commission shall prescribe. | ||||||
| 15 | The examination and qualifying standards for employment of | ||||||
| 16 | firefighters shall be based on: mental aptitude, physical | ||||||
| 17 | ability, preferences, moral character, and health. The mental | ||||||
| 18 | aptitude, physical ability, and preference components shall | ||||||
| 19 | determine an applicant's qualification for and placement on the | ||||||
| 20 | final register of eligibles. The examination may also include a | ||||||
| 21 | subjective component based on merit criteria as determined by | ||||||
| 22 | the commission. Scores from the examination must be made | ||||||
| 23 | available to the public. | ||||||
| 24 | (e) Mental aptitude. No person who does not possess at | ||||||
| 25 | least a high school diploma or an equivalent high school | ||||||
| 26 | education shall be placed on a register of eligibles. | ||||||
| |||||||
| |||||||
| 1 | Examination of an applicant's mental aptitude shall be based | ||||||
| 2 | upon a written examination. The examination shall be practical | ||||||
| 3 | in character and relate to those matters that fairly test the | ||||||
| 4 | capacity of the persons examined to discharge the duties | ||||||
| 5 | performed by members of a fire department. Written examinations | ||||||
| 6 | shall be administered in a manner that ensures the security and | ||||||
| 7 | accuracy of the scores achieved. | ||||||
| 8 | (f) Physical ability. All candidates shall be required to | ||||||
| 9 | undergo an examination of their physical ability to perform the | ||||||
| 10 | essential functions included in the duties they may be called | ||||||
| 11 | upon to perform as a member of a fire department. For the | ||||||
| 12 | purposes of this Section, essential functions of the job are | ||||||
| 13 | functions associated with duties that a firefighter may be | ||||||
| 14 | called upon to perform in response to emergency calls. The | ||||||
| 15 | frequency of the occurrence of those duties as part of the fire | ||||||
| 16 | department's regular routine shall not be a controlling factor | ||||||
| 17 | in the design of examination criteria or evolutions selected | ||||||
| 18 | for testing. These physical examinations shall be open, | ||||||
| 19 | competitive, and based on industry standards designed to test | ||||||
| 20 | each applicant's physical abilities in the following | ||||||
| 21 | dimensions: | ||||||
| 22 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 23 | that may be required in the performance of duties including | ||||||
| 24 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| 25 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 26 | to test both the candidate's speed and endurance in | ||||||
| |||||||
| |||||||
| 1 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 2 | on standards developed, or approved, by the local | ||||||
| 3 | appointing authority. | ||||||
| 4 | (2) The ability to climb ladders, operate from heights, | ||||||
| 5 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 6 | and operate in proximity to hazardous environments. | ||||||
| 7 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 8 | and complex problem solving during physical exertion in | ||||||
| 9 | stressful and hazardous environments. The testing | ||||||
| 10 | environment may be hot and dark with tightly enclosed | ||||||
| 11 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 12 | The tests utilized to measure each applicant's
| ||||||
| 13 | capabilities in each of these dimensions may be tests based on
| ||||||
| 14 | industry standards currently in use or equivalent tests | ||||||
| 15 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 16 | of the State Fire Marshal. | ||||||
| 17 | Physical ability examinations administered under this | ||||||
| 18 | Section shall be conducted with a reasonable number of proctors | ||||||
| 19 | and monitors, open to the public, and subject to reasonable | ||||||
| 20 | regulations of the commission. | ||||||
| 21 | (g) Scoring of examination components. Appointing | ||||||
| 22 | authorities may create a preliminary eligibility register. A | ||||||
| 23 | person shall be placed on the list based upon his or her | ||||||
| 24 | passage of the written examination or the passage of the | ||||||
| 25 | written examination and the physical ability component. | ||||||
| 26 | Passage of the written examination means attaining the minimum | ||||||
| |||||||
| |||||||
| 1 | score set by the commission. Minimum scores should be set by | ||||||
| 2 | the commission so as to demonstrate a candidate's ability to | ||||||
| 3 | perform the essential functions of the job. The minimum score | ||||||
| 4 | set by the commission shall be supported by appropriate | ||||||
| 5 | validation evidence and shall comply with all applicable State | ||||||
| 6 | and federal laws. The appointing authority may conduct the | ||||||
| 7 | physical ability component and any subjective components | ||||||
| 8 | subsequent to the posting of the preliminary eligibility | ||||||
| 9 | register. | ||||||
| 10 | The examination components for an initial eligibility | ||||||
| 11 | register shall be graded on a 100-point scale. A person's | ||||||
| 12 | position on the list shall be determined by the following: (i)
| ||||||
| 13 | the person's score on the written examination, (ii) the person
| ||||||
| 14 | successfully passing the physical ability component, and (iii) | ||||||
| 15 | the
person's results on any subjective component as described | ||||||
| 16 | in
subsection (d). | ||||||
| 17 | In order to qualify for placement on the final eligibility | ||||||
| 18 | register, an applicant's score on the written examination, | ||||||
| 19 | before any applicable preference points or subjective points | ||||||
| 20 | are applied, shall be at or above the minimum score set by the | ||||||
| 21 | commission. The local appointing authority may prescribe the | ||||||
| 22 | score to qualify for placement on the final eligibility | ||||||
| 23 | register, but the score shall not be less than the minimum | ||||||
| 24 | score set by the commission. | ||||||
| 25 | The commission shall prepare and keep a register of persons | ||||||
| 26 | whose total score is not less than the minimum score for | ||||||
| |||||||
| |||||||
| 1 | passage and who have passed the physical ability examination. | ||||||
| 2 | These persons shall take rank upon the register as candidates | ||||||
| 3 | in the order of their relative excellence based on the highest | ||||||
| 4 | to the lowest total points scored on the mental aptitude, | ||||||
| 5 | subjective component, and preference components of the test | ||||||
| 6 | administered in accordance with this Section. No more than 60 | ||||||
| 7 | days after each examination, an initial eligibility list shall | ||||||
| 8 | be posted by the commission. The list shall include the final | ||||||
| 9 | grades of the candidates without reference to priority of the | ||||||
| 10 | time of examination and subject to claim for preference credit. | ||||||
| 11 | Commissions may conduct additional examinations, including | ||||||
| 12 | without limitation a polygraph test, after a final eligibility | ||||||
| 13 | register is established and before it expires with the | ||||||
| 14 | candidates ranked by total score without regard to date of | ||||||
| 15 | examination. No more than 60 days after each examination, an | ||||||
| 16 | initial eligibility list shall be posted by the commission | ||||||
| 17 | showing the final grades of the candidates without reference to | ||||||
| 18 | priority of time of examination and subject to claim for | ||||||
| 19 | preference credit. | ||||||
| 20 | (h) Preferences. The following are preferences: | ||||||
| 21 | (1) Veteran preference. Persons who were engaged in the | ||||||
| 22 | military service of the United States for a period of at | ||||||
| 23 | least one year of active duty and who were honorably | ||||||
| 24 | discharged therefrom, or who are now or have been members | ||||||
| 25 | on inactive or reserve duty in such military or naval | ||||||
| 26 | service, shall be preferred for appointment to and | ||||||
| |||||||
| |||||||
| 1 | employment with the fire department of an affected | ||||||
| 2 | department. | ||||||
| 3 | (2) Fire cadet preference. Persons who have | ||||||
| 4 | successfully completed 2 years of study in fire techniques | ||||||
| 5 | or cadet training within a cadet program established under | ||||||
| 6 | the rules of the Joint Labor and Management Committee | ||||||
| 7 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 8 | Promotion Act, may be preferred for appointment to and | ||||||
| 9 | employment with the fire department. | ||||||
| 10 | (3) Educational preference. Persons who have | ||||||
| 11 | successfully obtained an associate's degree in the field of | ||||||
| 12 | fire service or emergency medical services, or a bachelor's | ||||||
| 13 | degree from an accredited college or university may be | ||||||
| 14 | preferred for appointment to and employment with the fire | ||||||
| 15 | department. | ||||||
| 16 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 17 | license as a paramedic may be preferred for appointment to | ||||||
| 18 | and employment with the fire department of an affected | ||||||
| 19 | department providing emergency medical services. | ||||||
| 20 | (5) Experience preference. All persons employed by a | ||||||
| 21 | municipality who have been paid-on-call or part-time | ||||||
| 22 | certified Firefighter II, certified Firefighter III, State | ||||||
| 23 | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
| 24 | paramedic, or any combination of those capacities may be | ||||||
| 25 | awarded up to a maximum of 5 points. However, the applicant | ||||||
| 26 | may not be awarded more than 0.5 points for each complete | ||||||
| |||||||
| |||||||
| 1 | year of paid-on-call or part-time service. Applicants from | ||||||
| 2 | outside the municipality who were employed as full-time | ||||||
| 3 | firefighters or firefighter-paramedics by a fire | ||||||
| 4 | protection district or another municipality may be awarded | ||||||
| 5 | up to 5 experience preference points. However, the | ||||||
| 6 | applicant may not be awarded more than one point for each | ||||||
| 7 | complete year of full-time service. | ||||||
| 8 | Upon request by the commission, the governing body of | ||||||
| 9 | the municipality or in the case of applicants from outside | ||||||
| 10 | the municipality the governing body of any fire protection | ||||||
| 11 | district or any other municipality shall certify to the | ||||||
| 12 | commission, within 10 days after the request, the number of | ||||||
| 13 | years of successful paid-on-call, part-time, or full-time | ||||||
| 14 | service of any person. A candidate may not receive the full | ||||||
| 15 | amount of preference points under this subsection if the | ||||||
| 16 | amount of points awarded would place the candidate before a | ||||||
| 17 | veteran on the eligibility list. If more than one candidate | ||||||
| 18 | receiving experience preference points is prevented from | ||||||
| 19 | receiving all of their points due to not being allowed to | ||||||
| 20 | pass a veteran, the candidates shall be placed on the list | ||||||
| 21 | below the veteran in rank order based on the totals | ||||||
| 22 | received if all points under this subsection were to be | ||||||
| 23 | awarded. Any remaining ties on the list shall be determined | ||||||
| 24 | by lot. | ||||||
| 25 | (6) Residency preference. Applicants whose principal | ||||||
| 26 | residence is located within the fire department's | ||||||
| |||||||
| |||||||
| 1 | jurisdiction may be preferred for appointment to and | ||||||
| 2 | employment with the fire department. | ||||||
| 3 | (7) Additional preferences. Up to 5 additional | ||||||
| 4 | preference points may be awarded for unique categories | ||||||
| 5 | based on an applicant's experience or background as | ||||||
| 6 | identified by the commission. | ||||||
| 7 | (7.5) Apprentice preferences. A person who has | ||||||
| 8 | performed fire suppression service for a department as a | ||||||
| 9 | firefighter apprentice and otherwise meet the | ||||||
| 10 | qualifications for original appointment as a firefighter | ||||||
| 11 | specified in this Section may be awarded up to 20 | ||||||
| 12 | preference points. To qualify for preference points, an | ||||||
| 13 | applicant shall have completed a minimum of 600 hours of | ||||||
| 14 | fire suppression work on a regular shift for the affected | ||||||
| 15 | fire department over a 12-month period. The fire | ||||||
| 16 | suppression work must be in accordance with Section 10-1-14 | ||||||
| 17 | of this Division and the terms established by a Joint | ||||||
| 18 | Apprenticeship Committee included in a collective | ||||||
| 19 | bargaining agreement agreed between the employer and its | ||||||
| 20 | certified bargaining agent. An eligible applicant must | ||||||
| 21 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 22 | points under this item. The Joint Apprenticeship Committee | ||||||
| 23 | shall evaluate the merit of the applicant's performance, | ||||||
| 24 | determine the preference points to be awarded, and certify | ||||||
| 25 | the amount of points awarded to the commissioners. The | ||||||
| 26 | commissioners may add the certified preference points to | ||||||
| |||||||
| |||||||
| 1 | the final grades achieved by the applicant on the other | ||||||
| 2 | components of the examination. | ||||||
| 3 | (8) Scoring of preferences. The commission shall give | ||||||
| 4 | preference for original appointment to persons designated | ||||||
| 5 | in item (1)
by adding to the final grade that they receive | ||||||
| 6 | 5 points
for the recognized preference achieved. The | ||||||
| 7 | commission may give preference for original appointment to | ||||||
| 8 | persons designated in item (7.5) by adding to the final | ||||||
| 9 | grade the amount of points designated by the Joint | ||||||
| 10 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 11 | commission shall determine the number of preference points | ||||||
| 12 | for each category, except (1) and (7.5). The number of | ||||||
| 13 | preference points for each category shall range from 0 to | ||||||
| 14 | 5, except item (7.5). In determining the number of | ||||||
| 15 | preference points, the commission shall prescribe that if a | ||||||
| 16 | candidate earns the maximum number of preference points in | ||||||
| 17 | all categories except item (7.5), that number may not be | ||||||
| 18 | less than 10 nor more than 30. The commission shall give | ||||||
| 19 | preference for original appointment to persons designated | ||||||
| 20 | in items (2) through (7) by adding the requisite number of | ||||||
| 21 | points to the final grade for each recognized preference | ||||||
| 22 | achieved. The numerical result thus attained shall be | ||||||
| 23 | applied by the commission in determining the final | ||||||
| 24 | eligibility list and appointment from the eligibility | ||||||
| 25 | list. The local appointing authority may prescribe the | ||||||
| 26 | total number of preference points awarded under this | ||||||
| |||||||
| |||||||
| 1 | Section, but the total number of preference points, except | ||||||
| 2 | item (7.5), shall not be less than 10 points or more than | ||||||
| 3 | 30 points. Apprentice preference points may be added in | ||||||
| 4 | addition to other preference points awarded by the | ||||||
| 5 | commission. | ||||||
| 6 | No person entitled to any preference shall be required to | ||||||
| 7 | claim the credit before any examination held under the | ||||||
| 8 | provisions of this Section, but the preference shall be given | ||||||
| 9 | after the posting or publication of the initial eligibility | ||||||
| 10 | list or register at the request of a person entitled to a | ||||||
| 11 | credit before any certification or appointments are made from | ||||||
| 12 | the eligibility register, upon the furnishing of verifiable | ||||||
| 13 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 14 | who are eligible for preference credit shall make a claim in | ||||||
| 15 | writing within 10 days after the posting of the initial | ||||||
| 16 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| 17 | eligibility registers shall be established after the awarding | ||||||
| 18 | of verified preference points. However, apprentice preference | ||||||
| 19 | credit earned subsequent to the establishment of the final | ||||||
| 20 | eligibility register may be applied to the applicant's score | ||||||
| 21 | upon certification by the Joint Apprenticeship Committee to the | ||||||
| 22 | commission and the rank order of candidates on the final | ||||||
| 23 | eligibility register shall be adjusted accordingly. All | ||||||
| 24 | employment shall be subject to the commission's initial hire | ||||||
| 25 | background review including, but not limited to, criminal | ||||||
| 26 | history, employment history, moral character, oral | ||||||
| |||||||
| |||||||
| 1 | examination, and medical and psychological examinations, all | ||||||
| 2 | on a pass-fail basis. The medical and psychological | ||||||
| 3 | examinations must be conducted last, and may only be performed | ||||||
| 4 | after a conditional offer of employment has been extended. | ||||||
| 5 | Any person placed on an eligibility list who exceeds the | ||||||
| 6 | age requirement before being appointed to a fire department | ||||||
| 7 | shall remain eligible for appointment until the list is | ||||||
| 8 | abolished, or his or her name has been on the list for a period | ||||||
| 9 | of 2 years. No person who has attained the age of 35 years | ||||||
| 10 | shall be inducted into a fire department, except as otherwise | ||||||
| 11 | provided in this Section. | ||||||
| 12 | The commission shall strike off the names of candidates for | ||||||
| 13 | original appointment after the names have been on the list for | ||||||
| 14 | more than 2 years. | ||||||
| 15 | (i) Moral character. No person shall be appointed to a fire | ||||||
| 16 | department unless he or she is a person of good character; not | ||||||
| 17 | a habitual drunkard, a gambler, or a person who has been | ||||||
| 18 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 19 | However, no person shall be disqualified from appointment to | ||||||
| 20 | the fire department because of the person's record of | ||||||
| 21 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 22 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 23 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 24 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
| 25 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 26 | Criminal Code of 2012, or arrest for any cause without | ||||||
| |||||||
| |||||||
| 1 | conviction thereon. Any such person who is in the department | ||||||
| 2 | may be removed on charges brought for violating this subsection | ||||||
| 3 | and after a trial as hereinafter provided. | ||||||
| 4 | A classifiable set of the fingerprints of every person who | ||||||
| 5 | is offered employment as a certificated member of an affected | ||||||
| 6 | fire department whether with or without compensation, shall be | ||||||
| 7 | furnished to the Illinois Department of State Police and to the | ||||||
| 8 | Federal Bureau of Investigation by the commission. | ||||||
| 9 | Whenever a commission is authorized or required by law to | ||||||
| 10 | consider some aspect of criminal history record information for | ||||||
| 11 | the purpose of carrying out its statutory powers and | ||||||
| 12 | responsibilities, then, upon request and payment of fees in | ||||||
| 13 | conformance with the requirements of Section 2605-400 of the | ||||||
| 14 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
| 15 | the Department of State Police is authorized to furnish, | ||||||
| 16 | pursuant to positive identification, the information contained | ||||||
| 17 | in State files as is necessary to fulfill the request. | ||||||
| 18 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 19 | of public business, to meet extraordinary exigencies, or to | ||||||
| 20 | prevent material impairment of the fire department, the | ||||||
| 21 | commission may make temporary appointments, to remain in force | ||||||
| 22 | only until regular appointments are made under the provisions | ||||||
| 23 | of this Division, but never to exceed 60 days. No temporary | ||||||
| 24 | appointment of any one person shall be made more than twice in | ||||||
| 25 | any calendar year. | ||||||
| 26 | (k) A person who knowingly divulges or receives test | ||||||
| |||||||
| |||||||
| 1 | questions or answers before a written examination, or otherwise | ||||||
| 2 | knowingly violates or subverts any requirement of this Section, | ||||||
| 3 | commits a violation of this Section and may be subject to | ||||||
| 4 | charges for official misconduct. | ||||||
| 5 | A person who is the knowing recipient of test information | ||||||
| 6 | in advance of the examination shall be disqualified from the | ||||||
| 7 | examination or discharged from the position to which he or she | ||||||
| 8 | was appointed, as applicable, and otherwise subjected to | ||||||
| 9 | disciplinary actions.
| ||||||
| 10 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
| 11 | revised 11-26-19.)
| ||||||
| 12 | (65 ILCS 5/10-1-48) (from Ch. 24, par. 10-1-48)
| ||||||
| 13 | Sec. 10-1-48.
This division is subject to the provisions of | ||||||
| 14 | the "The Illinois
Police Training Act", approved August 18, | ||||||
| 15 | 1965, as amended and the
provisions of the "Illinois Fire | ||||||
| 16 | Protection Training Act", certified
November 9, 1971.
| ||||||
| 17 | Public Act 78-951 This amendatory Act of 1973 is not a | ||||||
| 18 | limit on any municipality which is
a home rule unit.
| ||||||
| 19 | (Source: P.A. 78-951; revised 8-8-19.)
| ||||||
| 20 | (65 ILCS 5/10-2.1-6.3) | ||||||
| 21 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
| 22 | department. | ||||||
| 23 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 24 | provisions of Section 10-2.1-6.4, this Section shall apply to | ||||||
| |||||||
| |||||||
| 1 | all original appointments to an affected full-time fire | ||||||
| 2 | department. Existing registers of eligibles shall continue to | ||||||
| 3 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 4 | years after August 4, 2011 (the effective date of Public Act | ||||||
| 5 | 97-251) this amendatory Act of the 97th General Assembly. | ||||||
| 6 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 7 | to the contrary, all original appointments to an affected | ||||||
| 8 | department to which this Section applies shall be administered | ||||||
| 9 | in the manner provided for in this Section. Provisions of the | ||||||
| 10 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
| 11 | adopted pursuant to such authority and other laws relating to | ||||||
| 12 | initial hiring of firefighters in affected departments shall | ||||||
| 13 | continue to apply to the extent they are compatible with this | ||||||
| 14 | Section, but in the event of a conflict between this Section | ||||||
| 15 | and any other law, this Section shall control. | ||||||
| 16 | A home rule or non-home rule municipality may not | ||||||
| 17 | administer its fire department process for original | ||||||
| 18 | appointments in a manner that is less stringent than this | ||||||
| 19 | Section. This Section is a limitation under subsection (i) of | ||||||
| 20 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 21 | concurrent exercise by home rule units of the powers and | ||||||
| 22 | functions exercised by the State. | ||||||
| 23 | A municipality that is operating under a court order or | ||||||
| 24 | consent decree regarding original appointments to a full-time | ||||||
| 25 | fire department before August 4, 2011 (the effective date of | ||||||
| 26 | Public Act 97-251) this amendatory Act of the 97th General | ||||||
| |||||||
| |||||||
| 1 | Assembly is exempt from the requirements of this Section for | ||||||
| 2 | the duration of the court order or consent decree. | ||||||
| 3 | Notwithstanding any other provision of this subsection | ||||||
| 4 | (a), this Section does not apply to a municipality with more | ||||||
| 5 | than 1,000,000 inhabitants. | ||||||
| 6 | (b) Original appointments. All original appointments made | ||||||
| 7 | to an affected fire department shall be made from a register of | ||||||
| 8 | eligibles established in accordance with the processes | ||||||
| 9 | established by this Section. Only persons who meet or exceed | ||||||
| 10 | the performance standards required by this Section shall be | ||||||
| 11 | placed on a register of eligibles for original appointment to | ||||||
| 12 | an affected fire department. | ||||||
| 13 | Whenever an appointing authority authorizes action to hire | ||||||
| 14 | a person to perform the duties of a firefighter or to hire a | ||||||
| 15 | firefighter-paramedic to fill a position that is a new position | ||||||
| 16 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 17 | granting of a disability or retirement pension, or any other | ||||||
| 18 | cause, the appointing authority shall appoint to that position | ||||||
| 19 | the person with the highest ranking on the final eligibility | ||||||
| 20 | list. If the appointing authority has reason to conclude that | ||||||
| 21 | the highest ranked person fails to meet the minimum standards | ||||||
| 22 | for the position or if the appointing authority believes an | ||||||
| 23 | alternate candidate would better serve the needs of the | ||||||
| 24 | department, then the appointing authority has the right to pass | ||||||
| 25 | over the highest ranked person and appoint either: (i) any | ||||||
| 26 | person who has a ranking in the top 5% of the register of | ||||||
| |||||||
| |||||||
| 1 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 2 | ranked persons on the list of eligibles if the number of people | ||||||
| 3 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 4 | is less than 5 people. | ||||||
| 5 | Any candidate may pass on an appointment once without | ||||||
| 6 | losing his or her position on the register of eligibles. Any | ||||||
| 7 | candidate who passes a second time may be removed from the list | ||||||
| 8 | by the appointing authority provided that such action shall not | ||||||
| 9 | prejudice a person's opportunities to participate in future | ||||||
| 10 | examinations, including an examination held during the time a | ||||||
| 11 | candidate is already on the municipality's register of | ||||||
| 12 | eligibles. | ||||||
| 13 | The sole authority to issue certificates of appointment | ||||||
| 14 | shall be vested in the board of fire and police commissioners. | ||||||
| 15 | All certificates of appointment issued to any officer or member | ||||||
| 16 | of an affected department shall be signed by the chairperson | ||||||
| 17 | and secretary, respectively, of the board upon appointment of | ||||||
| 18 | such officer or member to the affected department by action of | ||||||
| 19 | the board. After being selected from the register of eligibles | ||||||
| 20 | to fill a vacancy in the affected department, each appointee | ||||||
| 21 | shall be presented with his or her certificate of appointment | ||||||
| 22 | on the day on which he or she is sworn in as a classified member | ||||||
| 23 | of the affected department. Firefighters who were not issued a | ||||||
| 24 | certificate of appointment when originally appointed shall be | ||||||
| 25 | provided with a certificate within 10 days after making a | ||||||
| 26 | written request to the chairperson of the board of fire and | ||||||
| |||||||
| |||||||
| 1 | police commissioners. Each person who accepts a certificate of | ||||||
| 2 | appointment and successfully completes his or her probationary | ||||||
| 3 | period shall be enrolled as a firefighter and as a regular | ||||||
| 4 | member of the fire department. | ||||||
| 5 | For the purposes of this Section, "firefighter" means any | ||||||
| 6 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
| 7 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
| 8 | 97th General Assembly appointed to a fire department or fire | ||||||
| 9 | protection district or employed by a State university and sworn | ||||||
| 10 | or commissioned to perform firefighter duties or paramedic | ||||||
| 11 | duties, or both, except that the following persons are not | ||||||
| 12 | included: part-time firefighters; auxiliary, reserve, or | ||||||
| 13 | voluntary firefighters, including paid-on-call firefighters; | ||||||
| 14 | clerks and dispatchers or other civilian employees of a fire | ||||||
| 15 | department or fire protection district who are not routinely | ||||||
| 16 | expected to perform firefighter duties; and elected officials. | ||||||
| 17 | (c) Qualification for placement on register of eligibles. | ||||||
| 18 | The purpose of establishing a register of eligibles is to | ||||||
| 19 | identify applicants who possess and demonstrate the mental | ||||||
| 20 | aptitude and physical ability to perform the duties required of | ||||||
| 21 | members of the fire department in order to provide the highest | ||||||
| 22 | quality of service to the public. To this end, all applicants | ||||||
| 23 | for original appointment to an affected fire department shall | ||||||
| 24 | be subject to examination and testing which shall be public, | ||||||
| 25 | competitive, and open to all applicants unless the municipality | ||||||
| 26 | shall by ordinance limit applicants to residents of the | ||||||
| |||||||
| |||||||
| 1 | municipality, county or counties in which the municipality is | ||||||
| 2 | located, State, or nation. Any examination and testing | ||||||
| 3 | procedure utilized under subsection (e) of this Section shall | ||||||
| 4 | be supported by appropriate validation evidence and shall | ||||||
| 5 | comply with all applicable State and federal laws. | ||||||
| 6 | Municipalities may establish educational, emergency medical | ||||||
| 7 | service licensure, and other prerequisites prerequites for | ||||||
| 8 | participation in an examination or for hire as a firefighter. | ||||||
| 9 | Any municipality may charge a fee to cover the costs of the | ||||||
| 10 | application process. | ||||||
| 11 | Residency requirements in effect at the time an individual | ||||||
| 12 | enters the fire service of a municipality cannot be made more | ||||||
| 13 | restrictive for that individual during his or her period of | ||||||
| 14 | service for that municipality, or be made a condition of | ||||||
| 15 | promotion, except for the rank or position of fire chief and | ||||||
| 16 | for no more than 2 positions that rank immediately below that | ||||||
| 17 | of the chief rank which are appointed positions pursuant to the | ||||||
| 18 | Fire Department Promotion Act. | ||||||
| 19 | No person who is 35 years of age or older shall be eligible | ||||||
| 20 | to take an examination for a position as a firefighter unless | ||||||
| 21 | the person has had previous employment status as a firefighter | ||||||
| 22 | in the regularly constituted fire department of the | ||||||
| 23 | municipality, except as provided in this Section. The age | ||||||
| 24 | limitation does not apply to: | ||||||
| 25 | (1) any person previously employed as a full-time | ||||||
| 26 | firefighter in a regularly constituted fire department of | ||||||
| |||||||
| |||||||
| 1 | (i) any municipality or fire protection district located in | ||||||
| 2 | Illinois, (ii) a fire protection district whose | ||||||
| 3 | obligations were assumed by a municipality under Section 21 | ||||||
| 4 | of the Fire Protection District Act, or (iii) a | ||||||
| 5 | municipality whose obligations were taken over by a fire | ||||||
| 6 | protection district, | ||||||
| 7 | (2) any person who has served a municipality as a | ||||||
| 8 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 9 | firefighter for the 5 years immediately preceding the time | ||||||
| 10 | that the municipality begins to use full-time firefighters | ||||||
| 11 | to provide all or part of its fire protection service, or | ||||||
| 12 | (3) any person who turned 35 while serving as a member | ||||||
| 13 | of the active or reserve components of any of the branches | ||||||
| 14 | of the Armed Forces of the United States or the National | ||||||
| 15 | Guard of any state, whose service was characterized as | ||||||
| 16 | honorable or under honorable, if separated from the | ||||||
| 17 | military, and is currently under the age of 40. | ||||||
| 18 | No person who is under 21 years of age shall be eligible | ||||||
| 19 | for employment as a firefighter. | ||||||
| 20 | No applicant shall be examined concerning his or her | ||||||
| 21 | political or religious opinions or affiliations. The | ||||||
| 22 | examinations shall be conducted by the commissioners of the | ||||||
| 23 | municipality or their designees and agents. | ||||||
| 24 | No municipality shall require that any firefighter | ||||||
| 25 | appointed to the lowest rank serve a probationary employment | ||||||
| 26 | period of longer than one year of actual active employment, | ||||||
| |||||||
| |||||||
| 1 | which may exclude periods of training, or injury or illness | ||||||
| 2 | leaves, including duty related leave, in excess of 30 calendar | ||||||
| 3 | days. Notwithstanding anything to the contrary in this Section, | ||||||
| 4 | the probationary employment period limitation may be extended | ||||||
| 5 | for a firefighter who is required, as a condition of | ||||||
| 6 | employment, to be a licensed paramedic, during which time the | ||||||
| 7 | sole reason that a firefighter may be discharged without a | ||||||
| 8 | hearing is for failing to meet the requirements for paramedic | ||||||
| 9 | licensure. | ||||||
| 10 | In the event that any applicant who has been found eligible | ||||||
| 11 | for appointment and whose name has been placed upon the final | ||||||
| 12 | eligibility register provided for in this Section has not been | ||||||
| 13 | appointed to a firefighter position within one year after the | ||||||
| 14 | date of his or her physical ability examination, the commission | ||||||
| 15 | may cause a second examination to be made of that applicant's | ||||||
| 16 | physical ability prior to his or her appointment. If, after the | ||||||
| 17 | second examination, the physical ability of the applicant shall | ||||||
| 18 | be found to be less than the minimum standard fixed by the | ||||||
| 19 | rules of the commission, the applicant shall not be appointed. | ||||||
| 20 | The applicant's name may be retained upon the register of | ||||||
| 21 | candidates eligible for appointment and when next reached for | ||||||
| 22 | certification and appointment that applicant may be again | ||||||
| 23 | examined as provided in this Section, and if the physical | ||||||
| 24 | ability of that applicant is found to be less than the minimum | ||||||
| 25 | standard fixed by the rules of the commission, the applicant | ||||||
| 26 | shall not be appointed, and the name of the applicant shall be | ||||||
| |||||||
| |||||||
| 1 | removed from the register. | ||||||
| 2 | (d) Notice, examination, and testing components. Notice of | ||||||
| 3 | the time, place, general scope, merit criteria for any | ||||||
| 4 | subjective component, and fee of every examination shall be | ||||||
| 5 | given by the commission, by a publication at least 2 weeks | ||||||
| 6 | preceding the examination: (i) in one or more newspapers | ||||||
| 7 | published in the municipality, or if no newspaper is published | ||||||
| 8 | therein, then in one or more newspapers with a general | ||||||
| 9 | circulation within the municipality, or (ii) on the | ||||||
| 10 | municipality's Internet website. Additional notice of the | ||||||
| 11 | examination may be given as the commission shall prescribe. | ||||||
| 12 | The examination and qualifying standards for employment of | ||||||
| 13 | firefighters shall be based on: mental aptitude, physical | ||||||
| 14 | ability, preferences, moral character, and health. The mental | ||||||
| 15 | aptitude, physical ability, and preference components shall | ||||||
| 16 | determine an applicant's qualification for and placement on the | ||||||
| 17 | final register of eligibles. The examination may also include a | ||||||
| 18 | subjective component based on merit criteria as determined by | ||||||
| 19 | the commission. Scores from the examination must be made | ||||||
| 20 | available to the public. | ||||||
| 21 | (e) Mental aptitude. No person who does not possess at | ||||||
| 22 | least a high school diploma or an equivalent high school | ||||||
| 23 | education shall be placed on a register of eligibles. | ||||||
| 24 | Examination of an applicant's mental aptitude shall be based | ||||||
| 25 | upon a written examination. The examination shall be practical | ||||||
| 26 | in character and relate to those matters that fairly test the | ||||||
| |||||||
| |||||||
| 1 | capacity of the persons examined to discharge the duties | ||||||
| 2 | performed by members of a fire department. Written examinations | ||||||
| 3 | shall be administered in a manner that ensures the security and | ||||||
| 4 | accuracy of the scores achieved. | ||||||
| 5 | (f) Physical ability. All candidates shall be required to | ||||||
| 6 | undergo an examination of their physical ability to perform the | ||||||
| 7 | essential functions included in the duties they may be called | ||||||
| 8 | upon to perform as a member of a fire department. For the | ||||||
| 9 | purposes of this Section, essential functions of the job are | ||||||
| 10 | functions associated with duties that a firefighter may be | ||||||
| 11 | called upon to perform in response to emergency calls. The | ||||||
| 12 | frequency of the occurrence of those duties as part of the fire | ||||||
| 13 | department's regular routine shall not be a controlling factor | ||||||
| 14 | in the design of examination criteria or evolutions selected | ||||||
| 15 | for testing. These physical examinations shall be open, | ||||||
| 16 | competitive, and based on industry standards designed to test | ||||||
| 17 | each applicant's physical abilities in the following | ||||||
| 18 | dimensions: | ||||||
| 19 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 20 | that may be required in the performance of duties including | ||||||
| 21 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| 22 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 23 | to test both the candidate's speed and endurance in | ||||||
| 24 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 25 | on standards developed, or approved, by the local | ||||||
| 26 | appointing authority. | ||||||
| |||||||
| |||||||
| 1 | (2) The ability to climb ladders, operate from heights, | ||||||
| 2 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 3 | and operate in proximity to hazardous environments. | ||||||
| 4 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 5 | and complex problem solving during physical exertion in | ||||||
| 6 | stressful and hazardous environments. The testing | ||||||
| 7 | environment may be hot and dark with tightly enclosed | ||||||
| 8 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 9 | The tests utilized to measure each applicant's
| ||||||
| 10 | capabilities in each of these dimensions may be tests based on
| ||||||
| 11 | industry standards currently in use or equivalent tests | ||||||
| 12 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 13 | of the State Fire Marshal. | ||||||
| 14 | Physical ability examinations administered under this | ||||||
| 15 | Section shall be conducted with a reasonable number of proctors | ||||||
| 16 | and monitors, open to the public, and subject to reasonable | ||||||
| 17 | regulations of the commission. | ||||||
| 18 | (g) Scoring of examination components. Appointing | ||||||
| 19 | authorities may create a preliminary eligibility register. A | ||||||
| 20 | person shall be placed on the list based upon his or her | ||||||
| 21 | passage of the written examination or the passage of the | ||||||
| 22 | written examination and the physical ability component. | ||||||
| 23 | Passage of the written examination means attaining the minimum | ||||||
| 24 | score set by the commission. Minimum scores should be set by | ||||||
| 25 | the commission so as to demonstrate a candidate's ability to | ||||||
| 26 | perform the essential functions of the job. The minimum score | ||||||
| |||||||
| |||||||
| 1 | set by the commission shall be supported by appropriate | ||||||
| 2 | validation evidence and shall comply with all applicable State | ||||||
| 3 | and federal laws. The appointing authority may conduct the | ||||||
| 4 | physical ability component and any subjective components | ||||||
| 5 | subsequent to the posting of the preliminary eligibility | ||||||
| 6 | register. | ||||||
| 7 | The examination components for an initial eligibility | ||||||
| 8 | register shall be graded on a 100-point scale. A person's | ||||||
| 9 | position on the list shall be determined by the following: (i)
| ||||||
| 10 | the person's score on the written examination, (ii) the person
| ||||||
| 11 | successfully passing the physical ability component, and (iii) | ||||||
| 12 | the
person's results on any subjective component as described | ||||||
| 13 | in
subsection (d). | ||||||
| 14 | In order to qualify for placement on the final eligibility | ||||||
| 15 | register, an applicant's score on the written examination, | ||||||
| 16 | before any applicable preference points or subjective points | ||||||
| 17 | are applied, shall be at or above the minimum score as set by | ||||||
| 18 | the commission. The local appointing authority may prescribe | ||||||
| 19 | the score to qualify for placement on the final eligibility | ||||||
| 20 | register, but the score shall not be less than the minimum | ||||||
| 21 | score set by the commission. | ||||||
| 22 | The commission shall prepare and keep a register of persons | ||||||
| 23 | whose total score is not less than the minimum score for | ||||||
| 24 | passage and who have passed the physical ability examination. | ||||||
| 25 | These persons shall take rank upon the register as candidates | ||||||
| 26 | in the order of their relative excellence based on the highest | ||||||
| |||||||
| |||||||
| 1 | to the lowest total points scored on the mental aptitude, | ||||||
| 2 | subjective component, and preference components of the test | ||||||
| 3 | administered in accordance with this Section. No more than 60 | ||||||
| 4 | days after each examination, an initial eligibility list shall | ||||||
| 5 | be posted by the commission. The list shall include the final | ||||||
| 6 | grades of the candidates without reference to priority of the | ||||||
| 7 | time of examination and subject to claim for preference credit. | ||||||
| 8 | Commissions may conduct additional examinations, including | ||||||
| 9 | without limitation a polygraph test, after a final eligibility | ||||||
| 10 | register is established and before it expires with the | ||||||
| 11 | candidates ranked by total score without regard to date of | ||||||
| 12 | examination. No more than 60 days after each examination, an | ||||||
| 13 | initial eligibility list shall be posted by the commission | ||||||
| 14 | showing the final grades of the candidates without reference to | ||||||
| 15 | priority of time of examination and subject to claim for | ||||||
| 16 | preference credit. | ||||||
| 17 | (h) Preferences. The following are preferences: | ||||||
| 18 | (1) Veteran preference. Persons who were engaged in the | ||||||
| 19 | military service of the United States for a period of at | ||||||
| 20 | least one year of active duty and who were honorably | ||||||
| 21 | discharged therefrom, or who are now or have been members | ||||||
| 22 | on inactive or reserve duty in such military or naval | ||||||
| 23 | service, shall be preferred for appointment to and | ||||||
| 24 | employment with the fire department of an affected | ||||||
| 25 | department. | ||||||
| 26 | (2) Fire cadet preference. Persons who have | ||||||
| |||||||
| |||||||
| 1 | successfully completed 2 years of study in fire techniques | ||||||
| 2 | or cadet training within a cadet program established under | ||||||
| 3 | the rules of the Joint Labor and Management Committee | ||||||
| 4 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 5 | Promotion Act, may be preferred for appointment to and | ||||||
| 6 | employment with the fire department. | ||||||
| 7 | (3) Educational preference. Persons who have | ||||||
| 8 | successfully obtained an associate's degree in the field of | ||||||
| 9 | fire service or emergency medical services, or a bachelor's | ||||||
| 10 | degree from an accredited college or university may be | ||||||
| 11 | preferred for appointment to and employment with the fire | ||||||
| 12 | department. | ||||||
| 13 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 14 | license as a paramedic shall be preferred for appointment | ||||||
| 15 | to and employment with the fire department of an affected | ||||||
| 16 | department providing emergency medical services. | ||||||
| 17 | (5) Experience preference. All persons employed by a | ||||||
| 18 | municipality who have been paid-on-call or part-time | ||||||
| 19 | certified Firefighter II, State of Illinois or nationally | ||||||
| 20 | licensed EMT, EMT-I, A-EMT, or any combination of those | ||||||
| 21 | capacities shall be awarded 0.5 point for each year of | ||||||
| 22 | successful service in one or more of those capacities, up | ||||||
| 23 | to a maximum of 5 points. Certified Firefighter III and | ||||||
| 24 | State of Illinois or nationally licensed paramedics shall | ||||||
| 25 | be awarded one point per year up to a maximum of 5 points. | ||||||
| 26 | Applicants from outside the municipality who were employed | ||||||
| |||||||
| |||||||
| 1 | as full-time firefighters or firefighter-paramedics by a | ||||||
| 2 | fire protection district or another municipality for at | ||||||
| 3 | least 2 years shall be awarded 5 experience preference | ||||||
| 4 | points. These additional points presuppose a rating scale | ||||||
| 5 | totaling 100 points available for the eligibility list. If | ||||||
| 6 | more or fewer points are used in the rating scale for the | ||||||
| 7 | eligibility list, the points awarded under this subsection | ||||||
| 8 | shall be increased or decreased by a factor equal to the | ||||||
| 9 | total possible points available for the examination | ||||||
| 10 | divided by 100. | ||||||
| 11 | Upon request by the commission, the governing body of | ||||||
| 12 | the municipality or in the case of applicants from outside | ||||||
| 13 | the municipality the governing body of any fire protection | ||||||
| 14 | district or any other municipality shall certify to the | ||||||
| 15 | commission, within 10 days after the request, the number of | ||||||
| 16 | years of successful paid-on-call, part-time, or full-time | ||||||
| 17 | service of any person. A candidate may not receive the full | ||||||
| 18 | amount of preference points under this subsection if the | ||||||
| 19 | amount of points awarded would place the candidate before a | ||||||
| 20 | veteran on the eligibility list. If more than one candidate | ||||||
| 21 | receiving experience preference points is prevented from | ||||||
| 22 | receiving all of their points due to not being allowed to | ||||||
| 23 | pass a veteran, the candidates shall be placed on the list | ||||||
| 24 | below the veteran in rank order based on the totals | ||||||
| 25 | received if all points under this subsection were to be | ||||||
| 26 | awarded. Any remaining ties on the list shall be determined | ||||||
| |||||||
| |||||||
| 1 | by lot. | ||||||
| 2 | (6) Residency preference. Applicants whose principal | ||||||
| 3 | residence is located within the fire department's | ||||||
| 4 | jurisdiction shall be preferred for appointment to and | ||||||
| 5 | employment with the fire department. | ||||||
| 6 | (7) Additional preferences. Up to 5 additional | ||||||
| 7 | preference points may be awarded for unique categories | ||||||
| 8 | based on an applicant's experience or background as | ||||||
| 9 | identified by the commission. | ||||||
| 10 | (7.5) Apprentice preferences. A person who has | ||||||
| 11 | performed fire suppression service for a department as a | ||||||
| 12 | firefighter apprentice and otherwise meet the | ||||||
| 13 | qualifications for original appointment as a firefighter | ||||||
| 14 | specified in this Section are eligible to be awarded up to | ||||||
| 15 | 20 preference points. To qualify for preference points, an | ||||||
| 16 | applicant shall have completed a minimum of 600 hours of | ||||||
| 17 | fire suppression work on a regular shift for the affected | ||||||
| 18 | fire department over a 12-month period. The fire | ||||||
| 19 | suppression work must be in accordance with Section | ||||||
| 20 | 10-2.1-4 of this Division and the terms established by a | ||||||
| 21 | Joint Apprenticeship Committee included in a collective | ||||||
| 22 | bargaining agreement agreed between the employer and its | ||||||
| 23 | certified bargaining agent. An eligible applicant must | ||||||
| 24 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 25 | points under this item. The Joint Apprenticeship Committee | ||||||
| 26 | shall evaluate the merit of the applicant's performance, | ||||||
| |||||||
| |||||||
| 1 | determine the preference points to be awarded, and certify | ||||||
| 2 | the amount of points awarded to the commissioners. The | ||||||
| 3 | commissioners may add the certified preference points to | ||||||
| 4 | the final grades achieved by the applicant on the other | ||||||
| 5 | components of the examination. | ||||||
| 6 | (8) Scoring of preferences. The commission may give | ||||||
| 7 | preference for original appointment
to persons designated | ||||||
| 8 | in item (1)
by adding to the final grade that they receive | ||||||
| 9 | 5 points
for the recognized preference achieved. The | ||||||
| 10 | commission may give preference for original appointment to | ||||||
| 11 | persons designated in item (7.5) by adding to the final | ||||||
| 12 | grade the amount of points designated by the Joint | ||||||
| 13 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 14 | commission shall determine the number of preference points | ||||||
| 15 | for each category, except (1) and (7.5). The number of | ||||||
| 16 | preference points for each category shall range from 0 to | ||||||
| 17 | 5, except item (7.5). In determining the number of | ||||||
| 18 | preference points, the commission shall prescribe that if a | ||||||
| 19 | candidate earns the maximum number of preference points in | ||||||
| 20 | all categories except item (7.5), that number may not be | ||||||
| 21 | less than 10 nor more than 30. The commission shall give | ||||||
| 22 | preference for original appointment to persons designated | ||||||
| 23 | in items (2) through (7) by adding the requisite number of | ||||||
| 24 | points to the final grade for each recognized preference | ||||||
| 25 | achieved. The numerical result thus attained shall be | ||||||
| 26 | applied by the commission in determining the final | ||||||
| |||||||
| |||||||
| 1 | eligibility list and appointment from the eligibility | ||||||
| 2 | list. The local appointing authority may prescribe the | ||||||
| 3 | total number of preference points awarded under this | ||||||
| 4 | Section, but the total number of preference points, except | ||||||
| 5 | item (7.5), shall not be less than 10 points or more than | ||||||
| 6 | 30 points. Apprentice preference points may be added in | ||||||
| 7 | addition to other preference points awarded by the | ||||||
| 8 | commission. | ||||||
| 9 | No person entitled to any preference shall be required to | ||||||
| 10 | claim the credit before any examination held under the | ||||||
| 11 | provisions of this Section, but the preference may be given | ||||||
| 12 | after the posting or publication of the initial eligibility | ||||||
| 13 | list or register at the request of a person entitled to a | ||||||
| 14 | credit before any certification or appointments are made from | ||||||
| 15 | the eligibility register, upon the furnishing of verifiable | ||||||
| 16 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 17 | who are eligible for preference credit may make a claim in | ||||||
| 18 | writing within 10 days after the posting of the initial | ||||||
| 19 | eligibility list, or the claim may be deemed waived. Final | ||||||
| 20 | eligibility registers may be established after the awarding of | ||||||
| 21 | verified preference points. However, apprentice preference | ||||||
| 22 | credit earned subsequent to the establishment of the final | ||||||
| 23 | eligibility register may be applied to the applicant's score | ||||||
| 24 | upon certification by the Joint Apprenticeship Committee to the | ||||||
| 25 | commission and the rank order of candidates on the final | ||||||
| 26 | eligibility register shall be adjusted accordingly. All | ||||||
| |||||||
| |||||||
| 1 | employment shall be subject to the commission's initial hire | ||||||
| 2 | background review, including, but not limited to, criminal | ||||||
| 3 | history, employment history, moral character, oral | ||||||
| 4 | examination, and medical and psychological examinations, all | ||||||
| 5 | on a pass-fail basis. The medical and psychological | ||||||
| 6 | examinations must be conducted last, and may only be performed | ||||||
| 7 | after a conditional offer of employment has been extended. | ||||||
| 8 | Any person placed on an eligibility list who exceeds the | ||||||
| 9 | age requirement before being appointed to a fire department | ||||||
| 10 | shall remain eligible for appointment until the list is | ||||||
| 11 | abolished, or his or her name has been on the list for a period | ||||||
| 12 | of 2 years. No person who has attained the age of 35 years | ||||||
| 13 | shall be inducted into a fire department, except as otherwise | ||||||
| 14 | provided in this Section. | ||||||
| 15 | The commission shall strike off the names of candidates for | ||||||
| 16 | original appointment after the names have been on the list for | ||||||
| 17 | more than 2 years. | ||||||
| 18 | (i) Moral character. No person shall be appointed to a fire | ||||||
| 19 | department unless he or she is a person of good character; not | ||||||
| 20 | a habitual drunkard, a gambler, or a person who has been | ||||||
| 21 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 22 | However, no person shall be disqualified from appointment to | ||||||
| 23 | the fire department because of the person's record of | ||||||
| 24 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 25 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 26 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| |||||||
| |||||||
| 1 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
| 2 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012, or arrest for any cause without | ||||||
| 4 | conviction thereon. Any such person who is in the department | ||||||
| 5 | may be removed on charges brought for violating this subsection | ||||||
| 6 | and after a trial as hereinafter provided. | ||||||
| 7 | A classifiable set of the fingerprints of every person who | ||||||
| 8 | is offered employment as a certificated member of an affected | ||||||
| 9 | fire department whether with or without compensation, shall be | ||||||
| 10 | furnished to the Illinois Department of State Police and to the | ||||||
| 11 | Federal Bureau of Investigation by the commission. | ||||||
| 12 | Whenever a commission is authorized or required by law to | ||||||
| 13 | consider some aspect of criminal history record information for | ||||||
| 14 | the purpose of carrying out its statutory powers and | ||||||
| 15 | responsibilities, then, upon request and payment of fees in | ||||||
| 16 | conformance with the requirements of Section 2605-400 of the | ||||||
| 17 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
| 18 | the Department of State Police is authorized to furnish, | ||||||
| 19 | pursuant to positive identification, the information contained | ||||||
| 20 | in State files as is necessary to fulfill the request. | ||||||
| 21 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 22 | of public business, to meet extraordinary exigencies, or to | ||||||
| 23 | prevent material impairment of the fire department, the | ||||||
| 24 | commission may make temporary appointments, to remain in force | ||||||
| 25 | only until regular appointments are made under the provisions | ||||||
| 26 | of this Division, but never to exceed 60 days. No temporary | ||||||
| |||||||
| |||||||
| 1 | appointment of any one person shall be made more than twice in | ||||||
| 2 | any calendar year. | ||||||
| 3 | (k) A person who knowingly divulges or receives test | ||||||
| 4 | questions or answers before a written examination, or otherwise | ||||||
| 5 | knowingly violates or subverts any requirement of this Section, | ||||||
| 6 | commits a violation of this Section and may be subject to | ||||||
| 7 | charges for official misconduct. | ||||||
| 8 | A person who is the knowing recipient of test information | ||||||
| 9 | in advance of the examination shall be disqualified from the | ||||||
| 10 | examination or discharged from the position to which he or she | ||||||
| 11 | was appointed, as applicable, and otherwise subjected to | ||||||
| 12 | disciplinary actions.
| ||||||
| 13 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
| 14 | revised 11-26-19.)
| ||||||
| 15 | (65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
| ||||||
| 16 | Sec. 11-74.4-8. Tax increment allocation financing. A | ||||||
| 17 | municipality may
not adopt tax increment financing in a
| ||||||
| 18 | redevelopment
project area after July 30, 1997 (the effective | ||||||
| 19 | date of Public Act 90-258) this amendatory Act of 1997 that | ||||||
| 20 | will
encompass an area that is currently included in an | ||||||
| 21 | enterprise zone created
under the Illinois Enterprise Zone Act | ||||||
| 22 | unless that municipality, pursuant to
Section 5.4 of the | ||||||
| 23 | Illinois Enterprise Zone Act, amends the enterprise zone
| ||||||
| 24 | designating ordinance to limit the eligibility for tax | ||||||
| 25 | abatements as provided
in Section 5.4.1 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Enterprise Zone Act.
A municipality, at the time a | ||||||
| 2 | redevelopment project area
is designated, may adopt tax | ||||||
| 3 | increment allocation financing by passing an
ordinance | ||||||
| 4 | providing that the ad valorem taxes, if any, arising from the
| ||||||
| 5 | levies upon taxable real property in such redevelopment project
| ||||||
| 6 | area by taxing districts and tax rates determined in the manner | ||||||
| 7 | provided
in paragraph (c) of Section 11-74.4-9 each year after | ||||||
| 8 | the effective
date of the ordinance until redevelopment project | ||||||
| 9 | costs and all municipal
obligations financing redevelopment | ||||||
| 10 | project costs incurred under this Division
have been paid shall | ||||||
| 11 | be divided as follows, provided, however, that with respect to | ||||||
| 12 | any redevelopment project area located within a transit | ||||||
| 13 | facility improvement area established pursuant to Section | ||||||
| 14 | 11-74.4-3.3 in a municipality with a population of 1,000,000 or | ||||||
| 15 | more, ad valorem taxes, if any, arising from the levies upon | ||||||
| 16 | taxable real property in such redevelopment project area shall | ||||||
| 17 | be allocated as specifically provided in this Section:
| ||||||
| 18 | (a) That portion of taxes levied upon each taxable lot, | ||||||
| 19 | block, tract, or
parcel of real property which is | ||||||
| 20 | attributable to the lower of the current
equalized assessed | ||||||
| 21 | value or the initial equalized assessed
value of each such | ||||||
| 22 | taxable lot, block, tract, or parcel of real property
in | ||||||
| 23 | the redevelopment project area shall be allocated to and | ||||||
| 24 | when collected
shall be paid by the county collector to the | ||||||
| 25 | respective affected taxing
districts in the manner | ||||||
| 26 | required by law in the absence of the adoption of
tax | ||||||
| |||||||
| |||||||
| 1 | increment allocation financing.
| ||||||
| 2 | (b) Except from a tax levied by a township to retire | ||||||
| 3 | bonds issued to satisfy
court-ordered damages, that | ||||||
| 4 | portion, if any, of such taxes which is
attributable to the
| ||||||
| 5 | increase in the current equalized assessed valuation of | ||||||
| 6 | each taxable lot,
block, tract, or parcel of real property | ||||||
| 7 | in the redevelopment project area
over and above the | ||||||
| 8 | initial equalized assessed value of each property in the
| ||||||
| 9 | project area shall be allocated to and when collected shall | ||||||
| 10 | be paid to the
municipal treasurer who shall deposit said | ||||||
| 11 | taxes into a special fund called
the special tax allocation | ||||||
| 12 | fund of the municipality for the purpose of
paying | ||||||
| 13 | redevelopment project costs and obligations incurred in | ||||||
| 14 | the payment
thereof. In any county with a population of | ||||||
| 15 | 3,000,000 or more that has adopted
a procedure for | ||||||
| 16 | collecting taxes that provides for one or more of the
| ||||||
| 17 | installments of the taxes to be billed and collected on an | ||||||
| 18 | estimated basis,
the municipal treasurer shall be paid for | ||||||
| 19 | deposit in the special tax
allocation fund of the | ||||||
| 20 | municipality, from the taxes collected from
estimated | ||||||
| 21 | bills issued for property in the redevelopment project | ||||||
| 22 | area, the
difference between the amount actually collected | ||||||
| 23 | from each taxable lot,
block, tract, or parcel of real | ||||||
| 24 | property within the redevelopment project
area and an | ||||||
| 25 | amount determined by multiplying the rate at which taxes | ||||||
| 26 | were
last extended against the taxable lot, block, tract | ||||||
| |||||||
| |||||||
| 1 | track, or parcel of real
property in the manner provided in | ||||||
| 2 | subsection (c) of Section 11-74.4-9 by
the initial | ||||||
| 3 | equalized assessed value of the property divided by the | ||||||
| 4 | number
of installments in which real estate taxes are | ||||||
| 5 | billed and collected within
the county; provided that the | ||||||
| 6 | payments on or before December 31,
1999 to a municipal | ||||||
| 7 | treasurer shall be made only if each of the following
| ||||||
| 8 | conditions are met:
| ||||||
| 9 | (1) The total equalized assessed value of the | ||||||
| 10 | redevelopment project
area as last determined was not | ||||||
| 11 | less than 175% of the total initial
equalized assessed | ||||||
| 12 | value.
| ||||||
| 13 | (2) Not more than 50% of the total equalized | ||||||
| 14 | assessed value of the
redevelopment project area as | ||||||
| 15 | last determined is attributable to a piece of
property | ||||||
| 16 | assigned a single real estate index number.
| ||||||
| 17 | (3) The municipal clerk has certified to the county | ||||||
| 18 | clerk that the
municipality has issued its obligations | ||||||
| 19 | to which there has been pledged
the incremental | ||||||
| 20 | property taxes of the redevelopment project area or | ||||||
| 21 | taxes
levied and collected on any or all property in | ||||||
| 22 | the municipality or
the full faith and credit of the | ||||||
| 23 | municipality to pay or secure payment for
all or a | ||||||
| 24 | portion of the redevelopment project costs. The | ||||||
| 25 | certification
shall be filed annually no later than | ||||||
| 26 | September 1 for the estimated taxes
to be distributed | ||||||
| |||||||
| |||||||
| 1 | in the following year; however, for the year 1992 the
| ||||||
| 2 | certification shall be made at any time on or before | ||||||
| 3 | March 31, 1992.
| ||||||
| 4 | (4) The municipality has not requested that the | ||||||
| 5 | total initial
equalized assessed value of real | ||||||
| 6 | property be adjusted as provided in
subsection (b) of | ||||||
| 7 | Section 11-74.4-9.
| ||||||
| 8 | The conditions of paragraphs (1) through (4) do not | ||||||
| 9 | apply after December
31, 1999 to payments to a municipal | ||||||
| 10 | treasurer
made by a county with 3,000,000 or more | ||||||
| 11 | inhabitants that has adopted an
estimated billing | ||||||
| 12 | procedure for collecting taxes.
If a county that has | ||||||
| 13 | adopted the estimated billing
procedure makes an erroneous | ||||||
| 14 | overpayment of tax revenue to the municipal
treasurer, then | ||||||
| 15 | the county may seek a refund of that overpayment.
The | ||||||
| 16 | county shall send the municipal treasurer a notice of | ||||||
| 17 | liability for the
overpayment on or before the mailing date | ||||||
| 18 | of the next real estate tax bill
within the county. The | ||||||
| 19 | refund shall be limited to the amount of the
overpayment.
| ||||||
| 20 | It is the intent of this Division that after July 29, | ||||||
| 21 | 1988 (the effective date of Public Act 85-1142) this
| ||||||
| 22 | amendatory Act of 1988 a municipality's own ad valorem
tax | ||||||
| 23 | arising from levies on taxable real property be included in | ||||||
| 24 | the
determination of incremental revenue in the manner | ||||||
| 25 | provided in paragraph
(c) of Section 11-74.4-9. If the | ||||||
| 26 | municipality does not extend such a tax,
it shall annually | ||||||
| |||||||
| |||||||
| 1 | deposit in the municipality's Special Tax Increment Fund
an | ||||||
| 2 | amount equal to 10% of the total contributions to the fund | ||||||
| 3 | from all
other taxing districts in that year. The annual | ||||||
| 4 | 10% deposit required by
this paragraph shall be limited to | ||||||
| 5 | the actual amount of municipally
produced incremental tax | ||||||
| 6 | revenues available to the municipality from
taxpayers | ||||||
| 7 | located in the redevelopment project area in that year if:
| ||||||
| 8 | (a) the plan for the area restricts the use of the property | ||||||
| 9 | primarily to
industrial purposes, (b) the municipality | ||||||
| 10 | establishing the redevelopment
project area is a home rule | ||||||
| 11 | home-rule community with a 1990 population of between
| ||||||
| 12 | 25,000 and 50,000, (c) the municipality is wholly located | ||||||
| 13 | within a county
with a 1990 population of over 750,000 and | ||||||
| 14 | (d) the redevelopment project
area was established by the | ||||||
| 15 | municipality prior to June 1, 1990. This
payment shall be | ||||||
| 16 | in lieu of a contribution of ad valorem taxes on real
| ||||||
| 17 | property. If no such payment is made, any redevelopment | ||||||
| 18 | project area of the
municipality shall be dissolved.
| ||||||
| 19 | If a municipality has adopted tax increment allocation | ||||||
| 20 | financing by ordinance
and the County Clerk thereafter | ||||||
| 21 | certifies the "total initial equalized assessed
value as | ||||||
| 22 | adjusted" of the taxable real property within such | ||||||
| 23 | redevelopment
project area in the manner provided in | ||||||
| 24 | paragraph (b) of Section 11-74.4-9,
each year after the | ||||||
| 25 | date of the certification of the total initial equalized
| ||||||
| 26 | assessed value as adjusted until redevelopment project | ||||||
| |||||||
| |||||||
| 1 | costs and all
municipal obligations financing | ||||||
| 2 | redevelopment project costs have been paid
the ad valorem | ||||||
| 3 | taxes, if any, arising from the levies upon the taxable | ||||||
| 4 | real
property in such redevelopment project area by taxing | ||||||
| 5 | districts and tax
rates determined in the manner provided | ||||||
| 6 | in paragraph (c) of Section
11-74.4-9 shall be divided as | ||||||
| 7 | follows, provided, however, that with respect to any | ||||||
| 8 | redevelopment project area located within a transit | ||||||
| 9 | facility improvement area established pursuant to Section | ||||||
| 10 | 11-74.4-3.3 in a municipality with a population of | ||||||
| 11 | 1,000,000 or more, ad valorem taxes, if any, arising from | ||||||
| 12 | the levies upon the taxable real property in such | ||||||
| 13 | redevelopment project area shall be allocated as | ||||||
| 14 | specifically provided in this Section:
| ||||||
| 15 | (1) That portion of the taxes levied upon each | ||||||
| 16 | taxable lot, block, tract,
or parcel of real property | ||||||
| 17 | which is attributable to the lower of the
current | ||||||
| 18 | equalized assessed value or "current equalized | ||||||
| 19 | assessed value as
adjusted" or the initial equalized | ||||||
| 20 | assessed value of each such taxable lot,
block, tract, | ||||||
| 21 | or parcel of real property existing at the time tax | ||||||
| 22 | increment
financing was adopted, minus the total | ||||||
| 23 | current homestead exemptions under Article 15 of the | ||||||
| 24 | Property
Tax Code in the
redevelopment project area | ||||||
| 25 | shall be allocated to and when collected shall be
paid | ||||||
| 26 | by the county collector to the respective affected | ||||||
| |||||||
| |||||||
| 1 | taxing districts in the
manner required by law in the | ||||||
| 2 | absence of the adoption of tax increment
allocation | ||||||
| 3 | financing.
| ||||||
| 4 | (2) That portion, if any, of such taxes which is | ||||||
| 5 | attributable to the
increase in the current equalized | ||||||
| 6 | assessed valuation of each taxable lot,
block, tract, | ||||||
| 7 | or parcel of real property in the redevelopment project | ||||||
| 8 | area,
over and above the initial equalized assessed | ||||||
| 9 | value of each property
existing at the time tax | ||||||
| 10 | increment financing was adopted, minus the total
| ||||||
| 11 | current homestead exemptions pertaining to each piece | ||||||
| 12 | of property provided
by Article 15 of the Property Tax | ||||||
| 13 | Code
in the redevelopment
project area, shall be | ||||||
| 14 | allocated to and when collected shall be paid to the
| ||||||
| 15 | municipal Treasurer, who shall deposit said taxes into | ||||||
| 16 | a special fund called
the special tax allocation fund | ||||||
| 17 | of the municipality for the purpose of paying
| ||||||
| 18 | redevelopment project costs and obligations incurred | ||||||
| 19 | in the payment thereof.
| ||||||
| 20 | The municipality may pledge in the ordinance the funds | ||||||
| 21 | in and to be
deposited in the special tax allocation fund | ||||||
| 22 | for the payment of such costs
and obligations. No part of | ||||||
| 23 | the current equalized assessed valuation of
each property | ||||||
| 24 | in the redevelopment project area attributable to any
| ||||||
| 25 | increase above the total initial equalized assessed value, | ||||||
| 26 | or the total
initial equalized assessed value as adjusted, | ||||||
| |||||||
| |||||||
| 1 | of such properties shall be
used in calculating the general | ||||||
| 2 | State aid formula, provided for in
Section 18-8 of the | ||||||
| 3 | School Code, or the evidence-based funding formula, | ||||||
| 4 | provided for in Section 18-8.15 of the School Code, until | ||||||
| 5 | such time as all redevelopment
project costs have been paid | ||||||
| 6 | as provided for in this Section.
| ||||||
| 7 | Whenever a municipality issues bonds for the purpose of | ||||||
| 8 | financing
redevelopment project costs, such municipality | ||||||
| 9 | may provide by ordinance for the
appointment of a trustee, | ||||||
| 10 | which may be any trust company within the State,
and for | ||||||
| 11 | the establishment of such funds or accounts to be | ||||||
| 12 | maintained by
such trustee as the municipality shall deem | ||||||
| 13 | necessary to provide for the
security and payment of the | ||||||
| 14 | bonds. If such municipality provides for
the appointment of | ||||||
| 15 | a trustee, such trustee shall be considered the assignee
of | ||||||
| 16 | any payments assigned by the municipality pursuant to such | ||||||
| 17 | ordinance
and this Section. Any amounts paid to such | ||||||
| 18 | trustee as assignee shall be
deposited in the funds or | ||||||
| 19 | accounts established pursuant to such trust
agreement, and | ||||||
| 20 | shall be held by such trustee in trust for the benefit of | ||||||
| 21 | the
holders of the bonds, and such holders shall have a | ||||||
| 22 | lien on and a security
interest in such funds or accounts | ||||||
| 23 | so long as the bonds remain outstanding and
unpaid. Upon | ||||||
| 24 | retirement of the bonds, the trustee shall pay over any | ||||||
| 25 | excess
amounts held to the municipality for deposit in the | ||||||
| 26 | special tax allocation
fund.
| ||||||
| |||||||
| |||||||
| 1 | When such redevelopment projects costs, including, | ||||||
| 2 | without limitation, all
municipal obligations financing | ||||||
| 3 | redevelopment project costs incurred under
this Division, | ||||||
| 4 | have been paid, all surplus funds then remaining in the
| ||||||
| 5 | special tax allocation fund shall be distributed
by being | ||||||
| 6 | paid by the
municipal treasurer to the Department of | ||||||
| 7 | Revenue, the municipality and the
county collector; first | ||||||
| 8 | to the Department of Revenue and the municipality
in direct | ||||||
| 9 | proportion to the tax incremental revenue received from the | ||||||
| 10 | State
and the municipality, but not to exceed the total | ||||||
| 11 | incremental revenue received
from the State or the | ||||||
| 12 | municipality less any annual surplus distribution
of | ||||||
| 13 | incremental revenue previously made; with any remaining | ||||||
| 14 | funds to be paid
to the County Collector who shall | ||||||
| 15 | immediately thereafter pay said funds to
the taxing | ||||||
| 16 | districts in the redevelopment project area in the same | ||||||
| 17 | manner
and proportion as the most recent distribution by | ||||||
| 18 | the county collector to
the affected districts of real | ||||||
| 19 | property taxes from real property in the
redevelopment | ||||||
| 20 | project area.
| ||||||
| 21 | Upon the payment of all redevelopment project costs, | ||||||
| 22 | the retirement of
obligations, the distribution of any | ||||||
| 23 | excess monies pursuant to this
Section, and final closing | ||||||
| 24 | of the books and records of the redevelopment
project
area, | ||||||
| 25 | the municipality shall adopt an ordinance dissolving the | ||||||
| 26 | special
tax allocation fund for the redevelopment project | ||||||
| |||||||
| |||||||
| 1 | area and terminating the
designation of the redevelopment | ||||||
| 2 | project area as a redevelopment project
area.
Title to real | ||||||
| 3 | or personal property and public improvements
acquired
by or | ||||||
| 4 | for
the
municipality as a result of the redevelopment | ||||||
| 5 | project and plan shall vest in
the
municipality when | ||||||
| 6 | acquired and shall continue to be held by the municipality
| ||||||
| 7 | after the redevelopment project area has been terminated.
| ||||||
| 8 | Municipalities shall notify affected taxing districts | ||||||
| 9 | prior to
November 1 if the redevelopment project area is to | ||||||
| 10 | be terminated by December 31
of
that same year. If a | ||||||
| 11 | municipality extends estimated dates of completion of a
| ||||||
| 12 | redevelopment project and retirement of obligations to | ||||||
| 13 | finance a
redevelopment project, as allowed by Public Act | ||||||
| 14 | 87-1272 this amendatory Act of 1993, that
extension shall | ||||||
| 15 | not extend the property tax increment allocation financing
| ||||||
| 16 | authorized by this Section. Thereafter the rates of the | ||||||
| 17 | taxing districts
shall be extended and taxes levied, | ||||||
| 18 | collected and distributed in the manner
applicable in the | ||||||
| 19 | absence of the adoption of tax increment allocation
| ||||||
| 20 | financing.
| ||||||
| 21 | If a municipality with a population of 1,000,000 or | ||||||
| 22 | more has adopted by ordinance tax increment allocation | ||||||
| 23 | financing for a redevelopment project area located in a | ||||||
| 24 | transit facility improvement area established pursuant to | ||||||
| 25 | Section 11-74.4-3.3, for each year after the effective date | ||||||
| 26 | of the ordinance until redevelopment project costs and all | ||||||
| |||||||
| |||||||
| 1 | municipal obligations financing redevelopment project | ||||||
| 2 | costs have been paid, the ad valorem taxes, if any, arising | ||||||
| 3 | from the levies upon the taxable real property in that | ||||||
| 4 | redevelopment project area by taxing districts and tax | ||||||
| 5 | rates determined in the manner provided in paragraph (c) of | ||||||
| 6 | Section 11-74.4-9 shall be divided as follows: | ||||||
| 7 | (1) That portion of the taxes levied upon each | ||||||
| 8 | taxable lot, block, tract, or parcel of real property | ||||||
| 9 | which is attributable to the lower of (i) the current | ||||||
| 10 | equalized assessed value or "current equalized | ||||||
| 11 | assessed value as adjusted" or (ii) the initial | ||||||
| 12 | equalized assessed value of each such taxable lot, | ||||||
| 13 | block, tract, or parcel of real property existing at | ||||||
| 14 | the time tax increment financing was adopted, minus the | ||||||
| 15 | total current homestead exemptions under Article 15 of | ||||||
| 16 | the Property Tax Code in the redevelopment project area | ||||||
| 17 | shall be allocated to and when collected shall be paid | ||||||
| 18 | by the county collector to the respective affected | ||||||
| 19 | taxing districts in the manner required by law in the | ||||||
| 20 | absence of the adoption of tax increment allocation | ||||||
| 21 | financing. | ||||||
| 22 | (2) That portion, if any, of such taxes which is | ||||||
| 23 | attributable to the increase in the current equalized | ||||||
| 24 | assessed valuation of each taxable lot, block, tract, | ||||||
| 25 | or parcel of real property in the redevelopment project | ||||||
| 26 | area, over and above the initial equalized assessed | ||||||
| |||||||
| |||||||
| 1 | value of each property existing at the time tax | ||||||
| 2 | increment financing was adopted, minus the total | ||||||
| 3 | current homestead exemptions pertaining to each piece | ||||||
| 4 | of property provided by Article 15 of the Property Tax | ||||||
| 5 | Code in the redevelopment project area, shall be | ||||||
| 6 | allocated to and when collected shall be paid by the | ||||||
| 7 | county collector as follows: | ||||||
| 8 | (A) First, that portion which would be payable | ||||||
| 9 | to a school district whose boundaries are | ||||||
| 10 | coterminous with such municipality in the absence | ||||||
| 11 | of the adoption of tax increment allocation | ||||||
| 12 | financing, shall be paid to such school district in | ||||||
| 13 | the manner required by law in the absence of the | ||||||
| 14 | adoption of tax increment allocation financing; | ||||||
| 15 | then | ||||||
| 16 | (B) 80% of the remaining portion shall be paid | ||||||
| 17 | to the municipal Treasurer, who shall deposit said | ||||||
| 18 | taxes into a special fund called the special tax | ||||||
| 19 | allocation fund of the municipality for the | ||||||
| 20 | purpose of paying redevelopment project costs and | ||||||
| 21 | obligations incurred in the payment thereof; and | ||||||
| 22 | then | ||||||
| 23 | (C) 20% of the remaining portion shall be paid | ||||||
| 24 | to the respective affected taxing districts, other | ||||||
| 25 | than the school district described in clause (a) | ||||||
| 26 | above, in the manner required by law in the absence | ||||||
| |||||||
| |||||||
| 1 | of the adoption of tax increment allocation | ||||||
| 2 | financing. | ||||||
| 3 | Nothing in this Section shall be construed as relieving | ||||||
| 4 | property in such
redevelopment project areas from being | ||||||
| 5 | assessed as provided in the Property
Tax Code or as relieving | ||||||
| 6 | owners of such property from paying a uniform rate of
taxes, as | ||||||
| 7 | required by Section 4 of Article IX of the Illinois | ||||||
| 8 | Constitution.
| ||||||
| 9 | (Source: P.A. 99-792, eff. 8-12-16; 100-465, eff. 8-31-17; | ||||||
| 10 | revised 8-8-19.)
| ||||||
| 11 | (65 ILCS 5/11-74.6-35)
| ||||||
| 12 | Sec. 11-74.6-35. Ordinance for tax increment allocation | ||||||
| 13 | financing.
| ||||||
| 14 | (a) A municipality, at the time a redevelopment project | ||||||
| 15 | area
is designated, may adopt tax increment allocation | ||||||
| 16 | financing by passing an
ordinance providing that the ad valorem | ||||||
| 17 | taxes, if any, arising from the
levies upon taxable real | ||||||
| 18 | property within the redevelopment project
area by taxing | ||||||
| 19 | districts and tax rates determined in the manner provided
in | ||||||
| 20 | subsection (b) of Section 11-74.6-40 each year after the | ||||||
| 21 | effective
date of the ordinance until redevelopment project | ||||||
| 22 | costs and all municipal
obligations financing redevelopment | ||||||
| 23 | project costs incurred under this Act
have been paid shall be | ||||||
| 24 | divided as follows:
| ||||||
| 25 | (1) That portion of the taxes levied upon each taxable | ||||||
| |||||||
| |||||||
| 1 | lot, block,
tract, or parcel of real property that is | ||||||
| 2 | attributable to the lower of the
current equalized assessed | ||||||
| 3 | value or the initial equalized assessed value or the
| ||||||
| 4 | updated initial equalized assessed value of
each taxable | ||||||
| 5 | lot, block, tract, or parcel of real property in the
| ||||||
| 6 | redevelopment project area shall be allocated to and when | ||||||
| 7 | collected shall
be paid by the county collector to the | ||||||
| 8 | respective affected taxing districts
in the manner | ||||||
| 9 | required by law without regard to the adoption of tax
| ||||||
| 10 | increment allocation financing.
| ||||||
| 11 | (2) That portion, if any, of those taxes that is | ||||||
| 12 | attributable to the
increase in the current equalized | ||||||
| 13 | assessed value of each taxable lot,
block, tract, or parcel | ||||||
| 14 | of real property in the redevelopment project area,
over | ||||||
| 15 | and above the initial equalized assessed value or the | ||||||
| 16 | updated initial
equalized assessed value of each property | ||||||
| 17 | in the
project area, shall be allocated to and when | ||||||
| 18 | collected shall be paid by the
county collector to the | ||||||
| 19 | municipal treasurer who shall deposit that portion
of those | ||||||
| 20 | taxes into a special fund called the special tax allocation | ||||||
| 21 | fund
of the municipality for the purpose of paying | ||||||
| 22 | redevelopment project costs
and obligations incurred in | ||||||
| 23 | the payment of those costs and obligations.
In any county | ||||||
| 24 | with a population of 3,000,000 or more that has adopted
a | ||||||
| 25 | procedure for collecting taxes that provides for one or | ||||||
| 26 | more of the
installments of the taxes to be billed and | ||||||
| |||||||
| |||||||
| 1 | collected on an estimated basis,
the municipal treasurer | ||||||
| 2 | shall be paid for deposit in the special tax
allocation | ||||||
| 3 | fund of the municipality, from the taxes collected from
| ||||||
| 4 | estimated bills issued for property in the redevelopment | ||||||
| 5 | project area, the
difference between the amount actually | ||||||
| 6 | collected from each taxable lot,
block, tract, or parcel of | ||||||
| 7 | real property within the redevelopment project
area and an | ||||||
| 8 | amount determined by multiplying the rate at which taxes | ||||||
| 9 | were
last extended against the taxable lot, block, tract | ||||||
| 10 | track, or parcel of real
property in the manner provided in | ||||||
| 11 | subsection (b) of Section 11-74.6-40 by
the initial | ||||||
| 12 | equalized assessed value or the updated initial equalized | ||||||
| 13 | assessed
value of the property divided by the number
of | ||||||
| 14 | installments in which real estate taxes are billed and | ||||||
| 15 | collected within
the county, provided that the payments on | ||||||
| 16 | or before December 31, 1999 to a
municipal treasurer shall | ||||||
| 17 | be made only if each of the following conditions
are met:
| ||||||
| 18 | (A) The total equalized assessed value of the | ||||||
| 19 | redevelopment project
area as last determined was not | ||||||
| 20 | less than 175% of the total initial
equalized assessed | ||||||
| 21 | value.
| ||||||
| 22 | (B) Not more than 50% of the total equalized | ||||||
| 23 | assessed value of the
redevelopment project area as | ||||||
| 24 | last determined is attributable to a piece of
property | ||||||
| 25 | assigned a single real estate index number.
| ||||||
| 26 | (C) The municipal clerk has certified to the county | ||||||
| |||||||
| |||||||
| 1 | clerk that the
municipality has issued its obligations | ||||||
| 2 | to which there has been pledged
the incremental | ||||||
| 3 | property taxes of the redevelopment project area or | ||||||
| 4 | taxes
levied and collected on any or all property in | ||||||
| 5 | the municipality or
the full faith and credit of the | ||||||
| 6 | municipality to pay or secure payment for
all or a | ||||||
| 7 | portion of the redevelopment project costs. The | ||||||
| 8 | certification
shall be filed annually no later than | ||||||
| 9 | September 1 for the estimated taxes
to be distributed | ||||||
| 10 | in the following year.
| ||||||
| 11 | The conditions of paragraphs (A) through (C) do not apply | ||||||
| 12 | after December
31, 1999 to payments to a municipal treasurer
| ||||||
| 13 | made by a county with 3,000,000 or more inhabitants that has | ||||||
| 14 | adopted an
estimated billing procedure for collecting taxes.
If | ||||||
| 15 | a county that has adopted the estimated billing
procedure makes | ||||||
| 16 | an erroneous overpayment of tax revenue to the municipal
| ||||||
| 17 | treasurer, then the county may seek a refund of that | ||||||
| 18 | overpayment.
The county shall send the municipal treasurer a | ||||||
| 19 | notice of liability for the
overpayment on or before the | ||||||
| 20 | mailing date of the next real estate tax bill
within the | ||||||
| 21 | county. The refund shall be limited to the amount of the
| ||||||
| 22 | overpayment.
| ||||||
| 23 | (b) It is the intent of this Act that a municipality's own | ||||||
| 24 | ad valorem
tax arising from levies on taxable real property be | ||||||
| 25 | included in the
determination of incremental revenue in the | ||||||
| 26 | manner provided in paragraph
(b) of Section 11-74.6-40.
| ||||||
| |||||||
| |||||||
| 1 | (c) If a municipality has adopted tax increment allocation | ||||||
| 2 | financing for a
redevelopment project area by
ordinance and the | ||||||
| 3 | county clerk thereafter certifies the total initial
equalized | ||||||
| 4 | assessed value or the total updated initial equalized
assessed | ||||||
| 5 | value of the taxable real property within such redevelopment
| ||||||
| 6 | project area in the manner provided in paragraph (a) or (b) of | ||||||
| 7 | Section
11-74.6-40, each year after the date of the | ||||||
| 8 | certification of the total
initial equalized assessed value or | ||||||
| 9 | the total updated initial
equalized assessed value until | ||||||
| 10 | redevelopment project costs and all
municipal obligations | ||||||
| 11 | financing redevelopment project costs have been paid,
the ad | ||||||
| 12 | valorem taxes, if any, arising from the levies upon the taxable | ||||||
| 13 | real
property in the redevelopment project area by taxing | ||||||
| 14 | districts and tax
rates determined in the manner provided in | ||||||
| 15 | paragraph (b) of Section
11-74.6-40 shall be divided as | ||||||
| 16 | follows:
| ||||||
| 17 | (1) That portion of the taxes levied upon each taxable | ||||||
| 18 | lot, block, tract
or parcel of real property that is | ||||||
| 19 | attributable to the lower of the
current equalized assessed | ||||||
| 20 | value or the initial equalized assessed value, or
the | ||||||
| 21 | updated initial equalized assessed value of each parcel if | ||||||
| 22 | the updated
initial equalized assessed value of that parcel | ||||||
| 23 | has been certified in
accordance with Section 11-74.6-40, | ||||||
| 24 | whichever has been most
recently certified, of each taxable | ||||||
| 25 | lot, block, tract, or parcel of real
property existing at | ||||||
| 26 | the time tax increment allocation financing was
adopted in | ||||||
| |||||||
| |||||||
| 1 | the redevelopment project area, shall be allocated to and | ||||||
| 2 | when
collected shall be paid by the county collector to the | ||||||
| 3 | respective affected
taxing districts in the manner | ||||||
| 4 | required by law without regard to the adoption
of tax | ||||||
| 5 | increment allocation financing.
| ||||||
| 6 | (2) That portion, if any, of those taxes that is | ||||||
| 7 | attributable to the
increase in the current equalized | ||||||
| 8 | assessed value of each taxable lot,
block, tract, or parcel | ||||||
| 9 | of real property in the redevelopment project area,
over | ||||||
| 10 | and above the initial equalized assessed value of each | ||||||
| 11 | property
existing at the time tax increment allocation | ||||||
| 12 | financing was adopted
in the redevelopment project area, or
| ||||||
| 13 | the updated initial equalized assessed value of each parcel | ||||||
| 14 | if the updated
initial equalized assessed value of that | ||||||
| 15 | parcel has been certified in
accordance with Section | ||||||
| 16 | 11-74.6-40, shall be allocated to and when collected
shall | ||||||
| 17 | be paid to the municipal treasurer, who shall deposit those | ||||||
| 18 | taxes
into a special fund called the special tax allocation | ||||||
| 19 | fund of the
municipality for the purpose of paying | ||||||
| 20 | redevelopment project costs and
obligations incurred in | ||||||
| 21 | the payment thereof.
| ||||||
| 22 | (d) The municipality may pledge in the ordinance the funds | ||||||
| 23 | in and to be
deposited in the special tax allocation fund for | ||||||
| 24 | the payment of
redevelopment project costs and obligations. No | ||||||
| 25 | part of the current
equalized assessed value of each property | ||||||
| 26 | in the redevelopment project
area attributable to any increase | ||||||
| |||||||
| |||||||
| 1 | above the total initial equalized
assessed value
or the total | ||||||
| 2 | initial updated equalized assessed value of the property,
shall | ||||||
| 3 | be used in calculating the general State aid formula, provided
| ||||||
| 4 | for in Section 18-8 of the School Code, or the evidence-based | ||||||
| 5 | funding formula, provided for in Section 18-8.15 of the School | ||||||
| 6 | Code, until all redevelopment project
costs have been paid as | ||||||
| 7 | provided for in this Section.
| ||||||
| 8 | Whenever a municipality issues bonds for the purpose of | ||||||
| 9 | financing
redevelopment project costs, that municipality may | ||||||
| 10 | provide by ordinance for the
appointment of a trustee, which | ||||||
| 11 | may be any trust company within the State,
and for the | ||||||
| 12 | establishment of any funds or accounts to be maintained by
that | ||||||
| 13 | trustee, as the municipality deems necessary to provide for the
| ||||||
| 14 | security and payment of the bonds. If the municipality provides | ||||||
| 15 | for
the appointment of a trustee, the trustee shall be | ||||||
| 16 | considered the assignee
of any payments assigned by the | ||||||
| 17 | municipality under that ordinance
and this Section. Any amounts | ||||||
| 18 | paid to the trustee as
assignee shall be deposited into the | ||||||
| 19 | funds or accounts established
under the trust agreement, and | ||||||
| 20 | shall be held by the trustee in trust for the
benefit of the | ||||||
| 21 | holders of the bonds. The holders of those bonds shall have a
| ||||||
| 22 | lien on and a security interest in those funds or accounts | ||||||
| 23 | while the
bonds remain outstanding and unpaid. Upon retirement | ||||||
| 24 | of the bonds,
the trustee shall pay over any excess amounts | ||||||
| 25 | held to the municipality for
deposit in the special tax | ||||||
| 26 | allocation fund.
| ||||||
| |||||||
| |||||||
| 1 | When the redevelopment projects costs, including without | ||||||
| 2 | limitation all
municipal obligations financing redevelopment | ||||||
| 3 | project costs incurred under
this Law, have been paid, all | ||||||
| 4 | surplus funds then remaining in the
special tax allocation fund | ||||||
| 5 | shall be distributed by being paid by the
municipal treasurer | ||||||
| 6 | to the municipality and the county collector; first to
the | ||||||
| 7 | municipality in direct proportion to the tax incremental | ||||||
| 8 | revenue
received from the municipality, but not to exceed the | ||||||
| 9 | total incremental
revenue received from the municipality, | ||||||
| 10 | minus any annual surplus
distribution of incremental revenue | ||||||
| 11 | previously made. Any remaining funds
shall be paid to the | ||||||
| 12 | county collector who shall immediately distribute that
payment | ||||||
| 13 | to the taxing districts in the redevelopment project area in | ||||||
| 14 | the
same manner and proportion as the most recent distribution | ||||||
| 15 | by the county
collector to the affected districts of real | ||||||
| 16 | property taxes from real
property situated in the redevelopment | ||||||
| 17 | project area.
| ||||||
| 18 | Upon the payment of all redevelopment project costs, | ||||||
| 19 | retirement of
obligations and the distribution of any excess | ||||||
| 20 | moneys under this
Section, the municipality shall adopt an | ||||||
| 21 | ordinance dissolving the special
tax allocation fund for the | ||||||
| 22 | redevelopment project area and terminating the
designation of | ||||||
| 23 | the redevelopment project area as a redevelopment project
area. | ||||||
| 24 | Thereafter the tax levies of taxing districts shall be | ||||||
| 25 | extended,
collected and distributed in the same manner | ||||||
| 26 | applicable
before the adoption of tax increment allocation | ||||||
| |||||||
| |||||||
| 1 | financing.
Municipality shall notify affected taxing districts | ||||||
| 2 | prior to November if the
redevelopment project area is to be | ||||||
| 3 | terminated by December 31 of that same
year.
| ||||||
| 4 | Nothing in this Section shall be construed as relieving | ||||||
| 5 | property in a
redevelopment project area from being assessed as | ||||||
| 6 | provided in the Property
Tax Code or as relieving owners of | ||||||
| 7 | that property
from paying a uniform rate of taxes, as required | ||||||
| 8 | by Section 4 of Article IX
of the Illinois Constitution.
| ||||||
| 9 | (Source: P.A. 100-465, eff. 8-31-17; revised 8-8-19.)
| ||||||
| 10 | Section 260. The River Edge Redevelopment Zone Act is | ||||||
| 11 | amended by changing Section 10-10.4 as follows:
| ||||||
| 12 | (65 ILCS 115/10-10.4) | ||||||
| 13 | Sec. 10-10.4. Certified payroll. (a) Any contractor and | ||||||
| 14 | each subcontractor who is engaged in and is executing a River | ||||||
| 15 | Edge construction jobs project for a taxpayer that is entitled | ||||||
| 16 | to a credit pursuant to Section 10-10.3 of this Act shall: | ||||||
| 17 | (1) make and keep, for a period of 5 years from the | ||||||
| 18 | date of the last payment made on or after June 5, 2019 (the | ||||||
| 19 | effective date of Public Act 101-9) this amendatory Act of | ||||||
| 20 | the 101st General Assembly on a contract or subcontract for | ||||||
| 21 | a River Edge Construction Jobs Project in a River Edge | ||||||
| 22 | Redevelopment Zone records of all laborers and other | ||||||
| 23 | workers employed by them on the project; the records shall | ||||||
| 24 | include: | ||||||
| |||||||
| |||||||
| 1 | (A) the worker's name; | ||||||
| 2 | (B) the worker's address; | ||||||
| 3 | (C) the worker's telephone number, if available; | ||||||
| 4 | (D) the worker's social security number; | ||||||
| 5 | (E) the worker's classification or | ||||||
| 6 | classifications; | ||||||
| 7 | (F) the worker's gross and net wages paid in each | ||||||
| 8 | pay period; | ||||||
| 9 | (G) the worker's number of hours worked each day; | ||||||
| 10 | (H) the worker's starting and ending times of work | ||||||
| 11 | each day; | ||||||
| 12 | (I) the worker's hourly wage rate; and | ||||||
| 13 | (J) the worker's hourly overtime wage rate; and | ||||||
| 14 | (2) no later than the 15th day of each calendar month, | ||||||
| 15 | provide a certified payroll for the immediately preceding | ||||||
| 16 | month to the taxpayer in charge of the project; within 5 | ||||||
| 17 | business days after receiving the certified payroll, the | ||||||
| 18 | taxpayer shall file the certified payroll with the | ||||||
| 19 | Department of Labor and the Department of Commerce and | ||||||
| 20 | Economic Opportunity; a certified payroll must be filed for | ||||||
| 21 | only those calendar months during which construction on a | ||||||
| 22 | River Edge Construction Jobs Project has occurred; the | ||||||
| 23 | certified payroll shall consist of a complete copy of the | ||||||
| 24 | records identified in paragraph (1), but may exclude the | ||||||
| 25 | starting and ending times of work each day; the certified | ||||||
| 26 | payroll shall be accompanied by a statement signed by the | ||||||
| |||||||
| |||||||
| 1 | contractor or subcontractor or an officer, employee, or | ||||||
| 2 | agent of the contractor or subcontractor which avers that: | ||||||
| 3 | (A) he or she has examined the certified payroll | ||||||
| 4 | records required to be submitted and such records are | ||||||
| 5 | true and accurate; and | ||||||
| 6 | (B) the contractor or subcontractor is aware that | ||||||
| 7 | filing a certified payroll that he or she knows to be | ||||||
| 8 | false is a Class A misdemeanor. | ||||||
| 9 | A general contractor is not prohibited from relying on a | ||||||
| 10 | certified payroll of a lower-tier subcontractor, provided the | ||||||
| 11 | general contractor does not knowingly rely upon a | ||||||
| 12 | subcontractor's false certification. | ||||||
| 13 | Any contractor or subcontractor subject to this Section, | ||||||
| 14 | and any officer, employee, or agent of such contractor or | ||||||
| 15 | subcontractor whose duty as an officer, employee, or agent it | ||||||
| 16 | is to file a certified payroll under this Section, who | ||||||
| 17 | willfully fails to file such a certified payroll on or before | ||||||
| 18 | the date such certified payroll is required to be filed and any | ||||||
| 19 | person who willfully files a false certified payroll that is | ||||||
| 20 | false as to any material fact is in violation of this Act and | ||||||
| 21 | guilty of a Class A misdemeanor. | ||||||
| 22 | The taxpayer in charge of the project shall keep the | ||||||
| 23 | records submitted in accordance with this Section on or after | ||||||
| 24 | June 5, 2019 (the effective date of Public Act 101-9) this | ||||||
| 25 | amendatory Act of the 101st General Assembly for a period of 5 | ||||||
| 26 | years from the date of the last payment for work on a contract | ||||||
| |||||||
| |||||||
| 1 | or subcontract for the project. | ||||||
| 2 | The records submitted in accordance with this Section | ||||||
| 3 | subsection shall be considered public records, except an | ||||||
| 4 | employee's address, telephone number, and social security | ||||||
| 5 | number, and made available in accordance with the Freedom of | ||||||
| 6 | Information Act. The Department of Labor shall accept any | ||||||
| 7 | reasonable submissions by the contractor that meet the | ||||||
| 8 | requirements of this Section subsection and shall share the | ||||||
| 9 | information with the Department in order to comply with the | ||||||
| 10 | awarding of River Edge construction jobs credits. A contractor, | ||||||
| 11 | subcontractor, or public body may retain records required under | ||||||
| 12 | this Section in paper or electronic format. | ||||||
| 13 | Upon 7 business days' notice, the contractor and each | ||||||
| 14 | subcontractor shall make available for inspection and copying | ||||||
| 15 | at a location within this State during reasonable hours, the | ||||||
| 16 | records identified in paragraph (1) of this Section subsection | ||||||
| 17 | to the taxpayer in charge of the project, its officers and | ||||||
| 18 | agents, the Director of Labor and his or her deputies and | ||||||
| 19 | agents, and to federal, State, or local law enforcement | ||||||
| 20 | agencies and prosecutors.
| ||||||
| 21 | (Source: P.A. 101-9, eff. 6-5-19; revised 8-9-19.)
| ||||||
| 22 | Section 265. The Fire Protection District Act is amended by | ||||||
| 23 | changing Sections 11k and 16.06b as follows:
| ||||||
| 24 | (70 ILCS 705/11k) | ||||||
| |||||||
| |||||||
| 1 | Sec. 11k. Competitive bidding; notice requirements. | ||||||
| 2 | (a) The board of trustees shall have the power to acquire | ||||||
| 3 | by gift, legacy, or purchase any personal property necessary | ||||||
| 4 | for its corporate purposes provided that all contracts for | ||||||
| 5 | supplies, materials, or work involving an expenditure in excess | ||||||
| 6 | of $20,000 shall be let to the lowest responsible bidder after | ||||||
| 7 | advertising as required under subsection (b) of this Section. | ||||||
| 8 | The board is not required to accept a bid that does not meet | ||||||
| 9 | the district's established specifications, terms of delivery, | ||||||
| 10 | quality, and serviceability requirements. Contracts which, by | ||||||
| 11 | their nature, are not adapted to award by competitive bidding, | ||||||
| 12 | are not subject to competitive bidding, including, but not | ||||||
| 13 | limited to: | ||||||
| 14 | (1) contracts for the services of individuals | ||||||
| 15 | possessing a high degree of professional skill where the | ||||||
| 16 | ability or fitness of the individual plays an important | ||||||
| 17 | part; | ||||||
| 18 | (2) contracts for the printing of finance committee | ||||||
| 19 | reports and departmental reports; | ||||||
| 20 | (3) contracts for the printing or engraving of bonds, | ||||||
| 21 | tax warrants, and other evidences of indebtedness; | ||||||
| 22 | (4) contracts for the maintenance or servicing of, or | ||||||
| 23 | provision of repair parts for, equipment which are made | ||||||
| 24 | with the manufacturer or authorized service agent of that | ||||||
| 25 | equipment where the provision of parts, maintenance, or | ||||||
| 26 | servicing can best be performed by the manufacturer or | ||||||
| |||||||
| |||||||
| 1 | authorized service agent, or which involve proprietary | ||||||
| 2 | parts or technology not otherwise available; | ||||||
| 3 | (5) purchases and contracts for the use, purchase, | ||||||
| 4 | delivery, movement, or installation of data processing | ||||||
| 5 | equipment, software, or services and telecommunications | ||||||
| 6 | and interconnect equipment, software, and services; | ||||||
| 7 | (6) contracts for duplicating machines and supplies; | ||||||
| 8 | (7) contracts for utility services such as water, | ||||||
| 9 | light, heat, telephone or telegraph; | ||||||
| 10 | (8) contracts for goods or services procured from | ||||||
| 11 | another governmental agency; | ||||||
| 12 | (9) purchases of equipment previously owned by some | ||||||
| 13 | entity other than the district itself; and | ||||||
| 14 | (10) contracts for goods or services which are | ||||||
| 15 | economically procurable from only one source, such as for | ||||||
| 16 | the purchase of magazines, books, periodicals, pamphlets, | ||||||
| 17 | reports, and online subscriptions. | ||||||
| 18 | Contracts for emergency expenditures are also exempt from | ||||||
| 19 | competitive bidding when the emergency expenditure is approved | ||||||
| 20 | by a vote of 3/4 of the members of the board. | ||||||
| 21 | (b) Except as otherwise provided in subsection (a) of this | ||||||
| 22 | Section, all proposals to award contracts involving amounts in | ||||||
| 23 | excess of $20,000 shall be published at least 10 days, | ||||||
| 24 | excluding Sundays and legal holidays, in advance of the date | ||||||
| 25 | announced for the receiving of bids, in a secular English | ||||||
| 26 | language newspaper of general circulation throughout the | ||||||
| |||||||
| |||||||
| 1 | district. In addition, a fire protection district that has a | ||||||
| 2 | website that the full-time staff of the district maintains | ||||||
| 3 | shall post notice on its website of all proposals to award | ||||||
| 4 | contracts in excess of $20,000. Advertisements for bids shall | ||||||
| 5 | describe the character of the proposed contract or agreement in | ||||||
| 6 | sufficient detail to enable the bidders thereon to know what | ||||||
| 7 | their obligations will be, either in the advertisement itself, | ||||||
| 8 | or by reference to detailed plans and specifications on file at | ||||||
| 9 | the time of the publication of the first announcement. Such | ||||||
| 10 | advertisement shall also state the date, time and place | ||||||
| 11 | assigned for the opening of bids, and no bids shall be received | ||||||
| 12 | at any time subsequent to the time indicated in the | ||||||
| 13 | announcement. All competitive bids for contracts involving an | ||||||
| 14 | expenditure in excess of $20,000 must be sealed by the bidder | ||||||
| 15 | and must be opened by a member of the board or an employee of | ||||||
| 16 | the district at a public bid opening at which the contents of | ||||||
| 17 | the bids must be announced. Each bidder must receive at least 3 | ||||||
| 18 | days' days notice of the time and place of the bid opening.
| ||||||
| 19 | (c) In addition to contracts entered into under the | ||||||
| 20 | Governmental Joint Purchasing Act, a board of trustees may | ||||||
| 21 | enter into contracts for supplies, materials, or work involving | ||||||
| 22 | an expenditure in excess of $20,000 through participation in a | ||||||
| 23 | joint governmental or nongovernmental purchasing program that | ||||||
| 24 | requires as part of its selection procedure a competitive | ||||||
| 25 | solicitation and procurement process. | ||||||
| 26 | (Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19; | ||||||
| |||||||
| |||||||
| 1 | revised 8-19-19.)
| ||||||
| 2 | (70 ILCS 705/16.06b) | ||||||
| 3 | Sec. 16.06b. Original appointments; full-time fire | ||||||
| 4 | department. | ||||||
| 5 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 6 | provisions of Section 16.06c, this Section shall apply to all | ||||||
| 7 | original appointments to an affected full-time fire | ||||||
| 8 | department. Existing registers of eligibles shall continue to | ||||||
| 9 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 10 | years after August 4, 2011 (the effective date of Public Act | ||||||
| 11 | 97-251) this amendatory Act of the 97th General Assembly. | ||||||
| 12 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 13 | to the contrary, all original appointments to an affected | ||||||
| 14 | department to which this Section applies shall be administered | ||||||
| 15 | in a no less stringent manner than the manner provided for in | ||||||
| 16 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
| 17 | Protection District Act, fire district ordinances, and rules | ||||||
| 18 | adopted pursuant to such authority and other laws relating to | ||||||
| 19 | initial hiring of firefighters in affected departments shall | ||||||
| 20 | continue to apply to the extent they are compatible with this | ||||||
| 21 | Section, but in the event of a conflict between this Section | ||||||
| 22 | and any other law, this Section shall control. | ||||||
| 23 | A fire protection district that is operating under a court | ||||||
| 24 | order or consent decree regarding original appointments to a | ||||||
| 25 | full-time fire department before August 4, 2011 (the effective | ||||||
| |||||||
| |||||||
| 1 | date of Public Act 97-251) this amendatory Act of the 97th | ||||||
| 2 | General Assembly is exempt from the requirements of this | ||||||
| 3 | Section for the duration of the court order or consent decree. | ||||||
| 4 | (b) Original appointments. All original appointments made | ||||||
| 5 | to an affected fire department shall be made from a register of | ||||||
| 6 | eligibles established in accordance with the processes | ||||||
| 7 | required by this Section. Only persons who meet or exceed the | ||||||
| 8 | performance standards required by the Section shall be placed | ||||||
| 9 | on a register of eligibles for original appointment to an | ||||||
| 10 | affected fire department. | ||||||
| 11 | Whenever an appointing authority authorizes action to hire | ||||||
| 12 | a person to perform the duties of a firefighter or to hire a | ||||||
| 13 | firefighter-paramedic to fill a position that is a new position | ||||||
| 14 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 15 | granting of a disability or retirement pension, or any other | ||||||
| 16 | cause, the appointing authority shall appoint to that position | ||||||
| 17 | the person with the highest ranking on the final eligibility | ||||||
| 18 | list. If the appointing authority has reason to conclude that | ||||||
| 19 | the highest ranked person fails to meet the minimum standards | ||||||
| 20 | for the position or if the appointing authority believes an | ||||||
| 21 | alternate candidate would better serve the needs of the | ||||||
| 22 | department, then the appointing authority has the right to pass | ||||||
| 23 | over the highest ranked person and appoint either: (i) any | ||||||
| 24 | person who has a ranking in the top 5% of the register of | ||||||
| 25 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 26 | ranked persons on the list of eligibles if the number of people | ||||||
| |||||||
| |||||||
| 1 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 2 | is less than 5 people. | ||||||
| 3 | Any candidate may pass on an appointment once without | ||||||
| 4 | losing his or her position on the register of eligibles. Any | ||||||
| 5 | candidate who passes a second time may be removed from the list | ||||||
| 6 | by the appointing authority provided that such action shall not | ||||||
| 7 | prejudice a person's opportunities to participate in future | ||||||
| 8 | examinations, including an examination held during the time a | ||||||
| 9 | candidate is already on the fire district's register of | ||||||
| 10 | eligibles. | ||||||
| 11 | The sole authority to issue certificates of appointment | ||||||
| 12 | shall be vested in the board of fire commissioners, or board of | ||||||
| 13 | trustees serving in the capacity of a board of fire | ||||||
| 14 | commissioners. All certificates of appointment issued to any | ||||||
| 15 | officer or member of an affected department shall be signed by | ||||||
| 16 | the chairperson and secretary, respectively, of the commission | ||||||
| 17 | upon appointment of such officer or member to the affected | ||||||
| 18 | department by action of the commission. After being selected | ||||||
| 19 | from the register of eligibles to fill a vacancy in the | ||||||
| 20 | affected department, each appointee shall be presented with his | ||||||
| 21 | or her certificate of appointment on the day on which he or she | ||||||
| 22 | is sworn in as a classified member of the affected department. | ||||||
| 23 | Firefighters who were not issued a certificate of appointment | ||||||
| 24 | when originally appointed shall be provided with a certificate | ||||||
| 25 | within 10 days after making a written request to the | ||||||
| 26 | chairperson of the board of fire commissioners, or board of | ||||||
| |||||||
| |||||||
| 1 | trustees serving in the capacity of a board of fire | ||||||
| 2 | commissioners. Each person who accepts a certificate of | ||||||
| 3 | appointment and successfully completes his or her probationary | ||||||
| 4 | period shall be enrolled as a firefighter and as a regular | ||||||
| 5 | member of the fire department. | ||||||
| 6 | For the purposes of this Section, "firefighter" means any | ||||||
| 7 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
| 8 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
| 9 | 97th General Assembly appointed to a fire department or fire | ||||||
| 10 | protection district or employed by a State university and sworn | ||||||
| 11 | or commissioned to perform firefighter duties or paramedic | ||||||
| 12 | duties, or both, except that the following persons are not | ||||||
| 13 | included: part-time firefighters; auxiliary, reserve, or | ||||||
| 14 | voluntary firefighters, including paid-on-call firefighters; | ||||||
| 15 | clerks and dispatchers or other civilian employees of a fire | ||||||
| 16 | department or fire protection district who are not routinely | ||||||
| 17 | expected to perform firefighter duties; and elected officials. | ||||||
| 18 | (c) Qualification for placement on register of eligibles. | ||||||
| 19 | The purpose of establishing a register of eligibles is to | ||||||
| 20 | identify applicants who possess and demonstrate the mental | ||||||
| 21 | aptitude and physical ability to perform the duties required of | ||||||
| 22 | members of the fire department in order to provide the highest | ||||||
| 23 | quality of service to the public. To this end, all applicants | ||||||
| 24 | for original appointment to an affected fire department shall | ||||||
| 25 | be subject to examination and testing which shall be public, | ||||||
| 26 | competitive, and open to all applicants unless the district | ||||||
| |||||||
| |||||||
| 1 | shall by ordinance limit applicants to residents of the | ||||||
| 2 | district, county or counties in which the district is located, | ||||||
| 3 | State, or nation. Any examination and testing procedure | ||||||
| 4 | utilized under subsection (e) of this Section shall be | ||||||
| 5 | supported by appropriate validation evidence and shall comply | ||||||
| 6 | with all applicable State and federal laws. Districts may | ||||||
| 7 | establish educational, emergency medical service licensure, | ||||||
| 8 | and other prerequisites prerequites for participation in an | ||||||
| 9 | examination or for hire as a firefighter. Any fire protection | ||||||
| 10 | district may charge a fee to cover the costs of the application | ||||||
| 11 | process. | ||||||
| 12 | Residency requirements in effect at the time an individual | ||||||
| 13 | enters the fire service of a district cannot be made more | ||||||
| 14 | restrictive for that individual during his or her period of | ||||||
| 15 | service for that district, or be made a condition of promotion, | ||||||
| 16 | except for the rank or position of fire chief and for no more | ||||||
| 17 | than 2 positions that rank immediately below that of the chief | ||||||
| 18 | rank which are appointed positions pursuant to the Fire | ||||||
| 19 | Department Promotion Act. | ||||||
| 20 | No person who is 35 years of age or older shall be eligible | ||||||
| 21 | to take an examination for a position as a firefighter unless | ||||||
| 22 | the person has had previous employment status as a firefighter | ||||||
| 23 | in the regularly constituted fire department of the district, | ||||||
| 24 | except as provided in this Section. The age limitation does not | ||||||
| 25 | apply to: | ||||||
| 26 | (1) any person previously employed as a full-time | ||||||
| |||||||
| |||||||
| 1 | firefighter in a regularly constituted fire department of | ||||||
| 2 | (i) any municipality or fire protection district located in | ||||||
| 3 | Illinois, (ii) a fire protection district whose | ||||||
| 4 | obligations were assumed by a municipality under Section 21 | ||||||
| 5 | of the Fire Protection District Act, or (iii) a | ||||||
| 6 | municipality whose obligations were taken over by a fire | ||||||
| 7 | protection district; | ||||||
| 8 | (2) any person who has served a fire district as a | ||||||
| 9 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 10 | firefighter for the 5 years immediately preceding the time | ||||||
| 11 | that the district begins to use full-time firefighters to | ||||||
| 12 | provide all or part of its fire protection service; or | ||||||
| 13 | (3) any person who turned 35 while serving as a member | ||||||
| 14 | of the active or reserve components of any of the branches | ||||||
| 15 | of the Armed Forces of the United States or the National | ||||||
| 16 | Guard of any state, whose service was characterized as | ||||||
| 17 | honorable or under honorable, if separated from the | ||||||
| 18 | military, and is currently under the age of 40. | ||||||
| 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 | district or their designees and agents. | ||||||
| 25 | No district shall require that any firefighter appointed to | ||||||
| 26 | the lowest rank serve a probationary employment period of | ||||||
| |||||||
| |||||||
| 1 | longer than one year of actual active employment, which may | ||||||
| 2 | exclude periods of training, or injury or illness leaves, | ||||||
| 3 | including duty related leave, in excess of 30 calendar days. | ||||||
| 4 | Notwithstanding anything to the contrary in this Section, the | ||||||
| 5 | probationary employment period limitation may be extended for a | ||||||
| 6 | firefighter who is required, as a condition of employment, to | ||||||
| 7 | be a licensed paramedic, during which time the sole reason that | ||||||
| 8 | a firefighter may be discharged without a hearing is for | ||||||
| 9 | failing to meet the requirements for paramedic licensure. | ||||||
| 10 | In the event that any applicant who has been found eligible | ||||||
| 11 | for appointment and whose name has been placed upon the final | ||||||
| 12 | eligibility register provided for in this Section has not been | ||||||
| 13 | appointed to a firefighter position within one year after the | ||||||
| 14 | date of his or her physical ability examination, the commission | ||||||
| 15 | may cause a second examination to be made of that applicant's | ||||||
| 16 | physical ability prior to his or her appointment. If, after the | ||||||
| 17 | second examination, the physical ability of the applicant shall | ||||||
| 18 | be found to be less than the minimum standard fixed by the | ||||||
| 19 | rules of the commission, the applicant shall not be appointed. | ||||||
| 20 | The applicant's name may be retained upon the register of | ||||||
| 21 | candidates eligible for appointment and when next reached for | ||||||
| 22 | certification and appointment that applicant may be again | ||||||
| 23 | examined as provided in this Section, and if the physical | ||||||
| 24 | ability of that applicant is found to be less than the minimum | ||||||
| 25 | standard fixed by the rules of the commission, the applicant | ||||||
| 26 | shall not be appointed, and the name of the applicant shall be | ||||||
| |||||||
| |||||||
| 1 | removed from the register. | ||||||
| 2 | (d) Notice, examination, and testing components. Notice of | ||||||
| 3 | the time, place, general scope, merit criteria for any | ||||||
| 4 | subjective component, and fee of every examination shall be | ||||||
| 5 | given by the commission, by a publication at least 2 weeks | ||||||
| 6 | preceding the examination: (i) in one or more newspapers | ||||||
| 7 | published in the district, or if no newspaper is published | ||||||
| 8 | therein, then in one or more newspapers with a general | ||||||
| 9 | circulation within the district, or (ii) on the fire protection | ||||||
| 10 | district's Internet website. Additional notice of the | ||||||
| 11 | examination may be given as the commission shall prescribe. | ||||||
| 12 | The examination and qualifying standards for employment of | ||||||
| 13 | firefighters shall be based on: mental aptitude, physical | ||||||
| 14 | ability, preferences, moral character, and health. The mental | ||||||
| 15 | aptitude, physical ability, and preference components shall | ||||||
| 16 | determine an applicant's qualification for and placement on the | ||||||
| 17 | final register of eligibles. The examination may also include a | ||||||
| 18 | subjective component based on merit criteria as determined by | ||||||
| 19 | the commission. Scores from the examination must be made | ||||||
| 20 | available to the public. | ||||||
| 21 | (e) Mental aptitude. No person who does not possess at | ||||||
| 22 | least a high school diploma or an equivalent high school | ||||||
| 23 | education shall be placed on a register of eligibles. | ||||||
| 24 | Examination of an applicant's mental aptitude shall be based | ||||||
| 25 | upon a written examination. The examination shall be practical | ||||||
| 26 | in character and relate to those matters that fairly test the | ||||||
| |||||||
| |||||||
| 1 | capacity of the persons examined to discharge the duties | ||||||
| 2 | performed by members of a fire department. Written examinations | ||||||
| 3 | shall be administered in a manner that ensures the security and | ||||||
| 4 | accuracy of the scores achieved. | ||||||
| 5 | (f) Physical ability. All candidates shall be required to | ||||||
| 6 | undergo an examination of their physical ability to perform the | ||||||
| 7 | essential functions included in the duties they may be called | ||||||
| 8 | upon to perform as a member of a fire department. For the | ||||||
| 9 | purposes of this Section, essential functions of the job are | ||||||
| 10 | functions associated with duties that a firefighter may be | ||||||
| 11 | called upon to perform in response to emergency calls. The | ||||||
| 12 | frequency of the occurrence of those duties as part of the fire | ||||||
| 13 | department's regular routine shall not be a controlling factor | ||||||
| 14 | in the design of examination criteria or evolutions selected | ||||||
| 15 | for testing. These physical examinations shall be open, | ||||||
| 16 | competitive, and based on industry standards designed to test | ||||||
| 17 | each applicant's physical abilities in the following | ||||||
| 18 | dimensions: | ||||||
| 19 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 20 | that may be required in the performance of duties including | ||||||
| 21 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| 22 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 23 | to test both the candidate's speed and endurance in | ||||||
| 24 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 25 | on standards developed, or approved, by the local | ||||||
| 26 | appointing authority. | ||||||
| |||||||
| |||||||
| 1 | (2) The ability to climb ladders, operate from heights, | ||||||
| 2 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 3 | and operate in proximity to hazardous environments. | ||||||
| 4 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 5 | and complex problem solving during physical exertion in | ||||||
| 6 | stressful and hazardous environments. The testing | ||||||
| 7 | environment may be hot and dark with tightly enclosed | ||||||
| 8 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 9 | The tests utilized to measure each applicant's
| ||||||
| 10 | capabilities in each of these dimensions may be tests based on
| ||||||
| 11 | industry standards currently in use or equivalent tests | ||||||
| 12 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 13 | of the State Fire Marshal. | ||||||
| 14 | Physical ability examinations administered under this | ||||||
| 15 | Section shall be conducted with a reasonable number of proctors | ||||||
| 16 | and monitors, open to the public, and subject to reasonable | ||||||
| 17 | regulations of the commission. | ||||||
| 18 | (g) Scoring of examination components. Appointing | ||||||
| 19 | authorities may create a preliminary eligibility register. A | ||||||
| 20 | person shall be placed on the list based upon his or her | ||||||
| 21 | passage of the written examination or the passage of the | ||||||
| 22 | written examination and the physical ability component. | ||||||
| 23 | Passage of the written examination means attaining the minimum | ||||||
| 24 | score set by the commission. Minimum scores should be set by | ||||||
| 25 | the appointing authorities so as to demonstrate a candidate's | ||||||
| 26 | ability to perform the essential functions of the job. The | ||||||
| |||||||
| |||||||
| 1 | minimum score set by the commission shall be supported by | ||||||
| 2 | appropriate validation evidence and shall comply with all | ||||||
| 3 | applicable State and federal laws. The appointing authority may | ||||||
| 4 | conduct the physical ability component and any subjective | ||||||
| 5 | components subsequent to the posting of the preliminary | ||||||
| 6 | eligibility register. | ||||||
| 7 | The examination components for an initial eligibility | ||||||
| 8 | register shall be graded on a 100-point scale. A person's | ||||||
| 9 | position on the list shall be determined by the following: (i)
| ||||||
| 10 | the person's score on the written examination, (ii) the person
| ||||||
| 11 | successfully passing the physical ability component, and (iii) | ||||||
| 12 | the
person's results on any subjective component as described | ||||||
| 13 | in
subsection (d). | ||||||
| 14 | In order to qualify for placement on the final eligibility | ||||||
| 15 | register, an applicant's score on the written examination, | ||||||
| 16 | before any applicable preference points or subjective points | ||||||
| 17 | are applied, shall be at or above the minimum score set by the | ||||||
| 18 | commission. The local appointing authority may prescribe the | ||||||
| 19 | score to qualify for placement on the final eligibility | ||||||
| 20 | register, but the score shall not be less than the minimum | ||||||
| 21 | score set by the commission. | ||||||
| 22 | The commission shall prepare and keep a register of persons | ||||||
| 23 | whose total score is not less than the minimum score for | ||||||
| 24 | passage and who have passed the physical ability examination. | ||||||
| 25 | These persons shall take rank upon the register as candidates | ||||||
| 26 | in the order of their relative excellence based on the highest | ||||||
| |||||||
| |||||||
| 1 | to the lowest total points scored on the mental aptitude, | ||||||
| 2 | subjective component, and preference components of the test | ||||||
| 3 | administered in accordance with this Section. No more than 60 | ||||||
| 4 | days after each examination, an initial eligibility list shall | ||||||
| 5 | be posted by the commission. The list shall include the final | ||||||
| 6 | grades of the candidates without reference to priority of the | ||||||
| 7 | time of examination and subject to claim for preference credit. | ||||||
| 8 | Commissions may conduct additional examinations, including | ||||||
| 9 | without limitation a polygraph test, after a final eligibility | ||||||
| 10 | register is established and before it expires with the | ||||||
| 11 | candidates ranked by total score without regard to date of | ||||||
| 12 | examination. No more than 60 days after each examination, an | ||||||
| 13 | initial eligibility list shall be posted by the commission | ||||||
| 14 | showing the final grades of the candidates without reference to | ||||||
| 15 | priority of time of examination and subject to claim for | ||||||
| 16 | preference credit. | ||||||
| 17 | (h) Preferences. The following are preferences: | ||||||
| 18 | (1) Veteran preference. Persons who were engaged in the | ||||||
| 19 | military service of the United States for a period of at | ||||||
| 20 | least one year of active duty and who were honorably | ||||||
| 21 | discharged therefrom, or who are now or have been members | ||||||
| 22 | on inactive or reserve duty in such military or naval | ||||||
| 23 | service, shall be preferred for appointment to and | ||||||
| 24 | employment with the fire department of an affected | ||||||
| 25 | department. | ||||||
| 26 | (2) Fire cadet preference. Persons who have | ||||||
| |||||||
| |||||||
| 1 | successfully completed 2 years of study in fire techniques | ||||||
| 2 | or cadet training within a cadet program established under | ||||||
| 3 | the rules of the Joint Labor and Management Committee | ||||||
| 4 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 5 | Promotion Act, may be preferred for appointment to and | ||||||
| 6 | employment with the fire department. | ||||||
| 7 | (3) Educational preference. Persons who have | ||||||
| 8 | successfully obtained an associate's degree in the field of | ||||||
| 9 | fire service or emergency medical services, or a bachelor's | ||||||
| 10 | degree from an accredited college or university may be | ||||||
| 11 | preferred for appointment to and employment with the fire | ||||||
| 12 | department. | ||||||
| 13 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 14 | license as a paramedic may be preferred for appointment to | ||||||
| 15 | and employment with the fire department of an affected | ||||||
| 16 | department providing emergency medical services. | ||||||
| 17 | (5) Experience preference. All persons employed by a | ||||||
| 18 | district who have been paid-on-call or part-time certified | ||||||
| 19 | Firefighter II, certified Firefighter III, State of | ||||||
| 20 | Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
| 21 | paramedic, or any combination of those capacities may be | ||||||
| 22 | awarded up to a maximum of 5 points. However, the applicant | ||||||
| 23 | may not be awarded more than 0.5 points for each complete | ||||||
| 24 | year of paid-on-call or part-time service. Applicants from | ||||||
| 25 | outside the district who were employed as full-time | ||||||
| 26 | firefighters or firefighter-paramedics by a fire | ||||||
| |||||||
| |||||||
| 1 | protection district or municipality for at least 2 years | ||||||
| 2 | may be awarded up to 5 experience preference points. | ||||||
| 3 | However, the applicant may not be awarded more than one | ||||||
| 4 | point for each complete year of full-time service. | ||||||
| 5 | Upon request by the commission, the governing body of | ||||||
| 6 | the district or in the case of applicants from outside the | ||||||
| 7 | district the governing body of any other fire protection | ||||||
| 8 | district or any municipality shall certify to the | ||||||
| 9 | commission, within 10 days after the request, the number of | ||||||
| 10 | years of successful paid-on-call, part-time, or full-time | ||||||
| 11 | service of any person. A candidate may not receive the full | ||||||
| 12 | amount of preference points under this subsection if the | ||||||
| 13 | amount of points awarded would place the candidate before a | ||||||
| 14 | veteran on the eligibility list. If more than one candidate | ||||||
| 15 | receiving experience preference points is prevented from | ||||||
| 16 | receiving all of their points due to not being allowed to | ||||||
| 17 | pass a veteran, the candidates shall be placed on the list | ||||||
| 18 | below the veteran in rank order based on the totals | ||||||
| 19 | received if all points under this subsection were to be | ||||||
| 20 | awarded. Any remaining ties on the list shall be determined | ||||||
| 21 | by lot. | ||||||
| 22 | (6) Residency preference. Applicants whose principal | ||||||
| 23 | residence is located within the fire department's | ||||||
| 24 | jurisdiction may be preferred for appointment to and | ||||||
| 25 | employment with the fire department. | ||||||
| 26 | (7) Additional preferences. Up to 5 additional | ||||||
| |||||||
| |||||||
| 1 | preference points may be awarded for unique categories | ||||||
| 2 | based on an applicant's experience or background as | ||||||
| 3 | identified by the commission. | ||||||
| 4 | (7.5) Apprentice preferences. A person who has | ||||||
| 5 | performed fire suppression service for a department as a | ||||||
| 6 | firefighter apprentice and otherwise meet the | ||||||
| 7 | qualifications for original appointment as a firefighter | ||||||
| 8 | specified in this Section are eligible to be awarded up to | ||||||
| 9 | 20 preference points. To qualify for preference points, an | ||||||
| 10 | applicant shall have completed a minimum of 600 hours of | ||||||
| 11 | fire suppression work on a regular shift for the affected | ||||||
| 12 | fire department over a 12-month period. The fire | ||||||
| 13 | suppression work must be in accordance with Section 16.06 | ||||||
| 14 | of this Act and the terms established by a Joint | ||||||
| 15 | Apprenticeship Committee included in a collective | ||||||
| 16 | bargaining agreement agreed between the employer and its | ||||||
| 17 | certified bargaining agent. An eligible applicant must | ||||||
| 18 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 19 | points under this item. The Joint Apprenticeship Committee | ||||||
| 20 | shall evaluate the merit of the applicant's performance, | ||||||
| 21 | determine the preference points to be awarded, and certify | ||||||
| 22 | the amount of points awarded to the commissioners. The | ||||||
| 23 | commissioners may add the certified preference points to | ||||||
| 24 | the final grades achieved by the applicant on the other | ||||||
| 25 | components of the examination. | ||||||
| 26 | (8) Scoring of preferences. The
commission shall give | ||||||
| |||||||
| |||||||
| 1 | preference for original appointment
to persons designated | ||||||
| 2 | in item (1)
by adding to the final grade that they receive | ||||||
| 3 | 5 points
for the recognized preference achieved. The | ||||||
| 4 | commission may give preference for original appointment to | ||||||
| 5 | persons designated in item (7.5) by adding to the final | ||||||
| 6 | grade the amount of points designated by the Joint | ||||||
| 7 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 8 | commission shall determine the number of preference points | ||||||
| 9 | for each category, except (1) and (7.5). The number of | ||||||
| 10 | preference points for each category shall range from 0 to | ||||||
| 11 | 5, except item (7.5). In determining the number of | ||||||
| 12 | preference points, the commission shall prescribe that if a | ||||||
| 13 | candidate earns the maximum number of preference points in | ||||||
| 14 | all categories except item (7.5), that number may not be | ||||||
| 15 | less than 10 nor more than 30. The commission shall give | ||||||
| 16 | preference for original appointment to persons designated | ||||||
| 17 | in items (2) through (7) by adding the requisite number of | ||||||
| 18 | points to the final grade for each recognized preference | ||||||
| 19 | achieved. The numerical result thus attained shall be | ||||||
| 20 | applied by the commission in determining the final | ||||||
| 21 | eligibility list and appointment from the eligibility | ||||||
| 22 | list. The local appointing authority may prescribe the | ||||||
| 23 | total number of preference points awarded under this | ||||||
| 24 | Section, but the total number of preference points, except | ||||||
| 25 | item (7.5), shall not be less than 10 points or more than | ||||||
| 26 | 30 points. Apprentice preference points may be added in | ||||||
| |||||||
| |||||||
| 1 | addition to other preference points awarded by the | ||||||
| 2 | commission. | ||||||
| 3 | No person entitled to any preference shall be required to | ||||||
| 4 | claim the credit before any examination held under the | ||||||
| 5 | provisions of this Section, but the preference shall be given | ||||||
| 6 | after the posting or publication of the initial eligibility | ||||||
| 7 | list or register at the request of a person entitled to a | ||||||
| 8 | credit before any certification or appointments are made from | ||||||
| 9 | the eligibility register, upon the furnishing of verifiable | ||||||
| 10 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 11 | who are eligible for preference credit shall make a claim in | ||||||
| 12 | writing within 10 days after the posting of the initial | ||||||
| 13 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| 14 | eligibility registers shall be established after the awarding | ||||||
| 15 | of verified preference points. However, apprentice preference | ||||||
| 16 | credit earned subsequent to the establishment of the final | ||||||
| 17 | eligibility register may be applied to the applicant's score | ||||||
| 18 | upon certification by the Joint Apprenticeship Committee to the | ||||||
| 19 | commission and the rank order of candidates on the final | ||||||
| 20 | eligibility register shall be adjusted accordingly. All | ||||||
| 21 | employment shall be subject to the commission's initial hire | ||||||
| 22 | background review including, but not limited to, criminal | ||||||
| 23 | history, employment history, moral character, oral | ||||||
| 24 | examination, and medical and psychological examinations, all | ||||||
| 25 | on a pass-fail basis. The medical and psychological | ||||||
| 26 | examinations must be conducted last, and may only be performed | ||||||
| |||||||
| |||||||
| 1 | after a conditional offer of employment has been 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 Section, 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. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
| 8 | revised 11-26-19.)
| ||||||
| 9 | Section 270. The Park District Code is amended by changing | ||||||
| 10 | Sections 2-25 and 10-7 as follows:
| ||||||
| 11 | (70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)
| ||||||
| 12 | Sec. 2-25. Vacancies. Whenever any member of the governing | ||||||
| 13 | board of any park
district (i) dies, (ii) resigns, (iii) | ||||||
| 14 | becomes under legal disability, (iv)
ceases to be a legal voter | ||||||
| 15 | in the district, (v) is convicted in any court located in the | ||||||
| 16 | United States of any
infamous crime, bribery, perjury, or other | ||||||
| 17 | felony, (vi) refuses or neglects to take his or her oath of | ||||||
| 18 | office,
(vii) neglects to perform the duties of his or her | ||||||
| 19 | office or attend
meetings of the board for the length of time | ||||||
| 20 | as the board fixes by
ordinance, or (viii) for any other reason | ||||||
| 21 | specified by law, that office may
be declared vacant. Vacancies | ||||||
| 22 | shall be filled by appointment by a majority
of the remaining | ||||||
| 23 | members of the board. Any person so appointed shall hold
his or | ||||||
| 24 | her office until the next regular election for this office, at | ||||||
| |||||||
| |||||||
| 1 | which
a member shall be elected to fill the vacancy for the | ||||||
| 2 | unexpired term,
subject to the following conditions:
| ||||||
| 3 | (1) If the vacancy occurs with less than 28 months | ||||||
| 4 | remaining in the
term, the person appointed to fill the | ||||||
| 5 | vacancy shall hold his or her office
until the expiration | ||||||
| 6 | of the term for which he or she has been appointed,
and no | ||||||
| 7 | election to fill the vacancy shall be held.
| ||||||
| 8 | (2) If the vacancy occurs with more than 28 months left | ||||||
| 9 | in the term,
but less than 123 days before the next | ||||||
| 10 | regularly scheduled election for this
office, the person | ||||||
| 11 | appointed to fill the vacancy shall hold his or her
office | ||||||
| 12 | until the second regularly scheduled election for the | ||||||
| 13 | office
following the appointment, at which a member shall | ||||||
| 14 | be elected to fill the
vacancy for the unexpired term.
| ||||||
| 15 | (Source: P.A. 101-257, eff. 8-9-19; revised 9-24-19.)
| ||||||
| 16 | (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
| ||||||
| 17 | Sec. 10-7. Sale, lease, or exchange of realty.
| ||||||
| 18 | (a) Any park district owning and holding any real estate is | ||||||
| 19 | authorized
(1) to
sell or lease that property to the State of
| ||||||
| 20 | Illinois, with the State's consent, or
another unit of Illinois | ||||||
| 21 | State or local
government for public use, (2) to
give the | ||||||
| 22 | property to the State of Illinois if the property is contiguous | ||||||
| 23 | to a
State park, or (3)
to lease that property upon the
terms | ||||||
| 24 | and at the
price that the board
determines for a period not to | ||||||
| 25 | exceed 99 years to any
corporation organized under the laws of | ||||||
| |||||||
| |||||||
| 1 | this State, for
public
use. The grantee or lessee must covenant | ||||||
| 2 | to hold and maintain
the property for public park or | ||||||
| 3 | recreational purposes unless
the park district
obtains other | ||||||
| 4 | real property of substantially the same size or larger and of
| ||||||
| 5 | substantially the same or greater suitability for park purposes | ||||||
| 6 | without
additional cost to the district.
In the case of | ||||||
| 7 | property given
or sold under this subsection after January 1, | ||||||
| 8 | 2002 (the effective date of Public Act 92-401) this amendatory | ||||||
| 9 | Act
of the 92nd General Assembly for which this covenant is | ||||||
| 10 | required, the
conveyance must provide that
ownership of the | ||||||
| 11 | property automatically reverts to the grantor if the grantee
| ||||||
| 12 | knowingly violates the required covenant by allowing all or any | ||||||
| 13 | part of the
property to be used for purposes other than park or | ||||||
| 14 | recreational purposes.
Real estate given, sold, or leased to | ||||||
| 15 | the State of Illinois under this
subsection (1) must be 50 | ||||||
| 16 | acres
or more in size, (2) may not be located within the | ||||||
| 17 | territorial limits of a
municipality, and (3) may
not be the | ||||||
| 18 | site of a known environmental liability or hazard.
| ||||||
| 19 | (b) Any park district owning or holding any real estate
is | ||||||
| 20 | authorized to convey such property to a nongovernmental entity | ||||||
| 21 | in exchange
for other real property of substantially equal or | ||||||
| 22 | greater value as determined
by 2 appraisals of the property and | ||||||
| 23 | of substantially the same or greater
suitability for park | ||||||
| 24 | purposes without additional cost to such district.
| ||||||
| 25 | Prior to such exchange with a nongovernmental entity, the | ||||||
| 26 | park board shall
hold a public meeting in order to consider the | ||||||
| |||||||
| |||||||
| 1 | proposed conveyance. Notice
of such meeting shall be published | ||||||
| 2 | not less than 3 three times (the first
and last publication | ||||||
| 3 | being not less than 10 days apart) in a newspaper
of general | ||||||
| 4 | circulation within the park district. If there is no such
| ||||||
| 5 | newspaper, then such notice shall be posted in not less than 3 | ||||||
| 6 | public places
in said park district and such notice shall not | ||||||
| 7 | become effective until 10 days
after said publication or | ||||||
| 8 | posting.
| ||||||
| 9 | (c) Notwithstanding any other provision of this Act, this | ||||||
| 10 | subsection (c)
shall apply only to park districts that serve
| ||||||
| 11 | territory within a municipality having more than 40,000 | ||||||
| 12 | inhabitants and
within a county having more than 260,000 | ||||||
| 13 | inhabitants and bordering the Mississippi River. Any park | ||||||
| 14 | district owning or holding
real estate is
authorized to sell | ||||||
| 15 | that property to any not-for-profit corporation organized
| ||||||
| 16 | under the laws of this State upon the condition that the | ||||||
| 17 | corporation uses the
property for public park or recreational | ||||||
| 18 | programs for youth. The park district
shall have the right of | ||||||
| 19 | re-entry for breach of condition subsequent. If the
corporation | ||||||
| 20 | stops using the property for these purposes, the property shall
| ||||||
| 21 | revert back to ownership of the park district. Any temporary | ||||||
| 22 | suspension of use
caused by the construction of improvements on | ||||||
| 23 | the property for public park or
recreational programs for youth | ||||||
| 24 | is not a breach of condition subsequent.
| ||||||
| 25 | Prior to the sale of the property to a not-for-profit | ||||||
| 26 | corporation, the park
board shall hold a public meeting to | ||||||
| |||||||
| |||||||
| 1 | consider the proposed sale. Notice of the
meeting shall be | ||||||
| 2 | published not less than 3 times (the first and last
publication | ||||||
| 3 | being not less than 10 days apart) in a newspaper of general
| ||||||
| 4 | circulation within the park district. If there is no such | ||||||
| 5 | newspaper, then the
notice shall be posted in not less than 3 | ||||||
| 6 | public places in the park district.
The notice shall be | ||||||
| 7 | published or posted at least 10 days before the meeting. A
| ||||||
| 8 | resolution to approve the sale of the property to a | ||||||
| 9 | not-for-profit corporation
requires adoption by a majority of | ||||||
| 10 | the park board.
| ||||||
| 11 | (d) Real estate, not subject to such covenant or which has | ||||||
| 12 | not been conveyed
and replaced as provided in this Section, may | ||||||
| 13 | be conveyed in the manner
provided by Sections 10-7a to 10-7d | ||||||
| 14 | hereof, inclusive.
| ||||||
| 15 | (d-5) Notwithstanding any provision of law to the contrary | ||||||
| 16 | and in addition to the means provided by Sections 10-7a, 10-7b, | ||||||
| 17 | 10-7c, and 10-7d, real estate, not subject to a covenant | ||||||
| 18 | required under subsection (a) or not conveyed and replaced as | ||||||
| 19 | provided under subsection (a), may be conveyed to another unit | ||||||
| 20 | of local government or school district if the park district | ||||||
| 21 | board approves the sale to the unit of local government or | ||||||
| 22 | school district by a four-fifths vote and: (i) the park | ||||||
| 23 | district is situated wholly within the corporate limits of that | ||||||
| 24 | unit of local government or school district; or (ii) the real | ||||||
| 25 | estate is conveyed for a price not less than the appraised | ||||||
| 26 | value of the real estate as determined by the average of 3 | ||||||
| |||||||
| |||||||
| 1 | written MAI certified appraisals or by the average of 3 written | ||||||
| 2 | certified appraisals of State certified or licensed real estate | ||||||
| 3 | appraisers. | ||||||
| 4 | (e) In addition to any other power provided in this | ||||||
| 5 | Section, any park
district owning or holding real estate that | ||||||
| 6 | the board deems is not required for
park or recreational | ||||||
| 7 | purposes may lease such real estate to any individual or
entity | ||||||
| 8 | and may collect rents therefrom. Such lease shall not exceed 4 | ||||||
| 9 | and
one-half times the term of years provided for in Section | ||||||
| 10 | 8-15 governing
installment purchase contracts.
| ||||||
| 11 | (f) Notwithstanding any other provision of law, if (i) the | ||||||
| 12 | real estate
that a park district with a population of 3,000 or | ||||||
| 13 | less transfers by lease,
license, development agreement, or | ||||||
| 14 | other means to any private entity is greater
than 70%
of the | ||||||
| 15 | district's total property and (ii) the current use of the real | ||||||
| 16 | estate
will
be substantially altered by that private entity, | ||||||
| 17 | the real estate may be
conveyed only in the manner provided for | ||||||
| 18 | in Sections 10-7a, 10-7b, and 10-7c.
| ||||||
| 19 | (Source: P.A. 101-243, eff. 8-9-19; 101-322, eff. 8-9-19; | ||||||
| 20 | revised 9-10-19.)
| ||||||
| 21 | Section 275. The North Shore Water Reclamation District Act | ||||||
| 22 | is amended by changing Section 28 as follows:
| ||||||
| 23 | (70 ILCS 2305/28) (from Ch. 42, par. 296.8)
| ||||||
| 24 | Sec. 28. Annexation of territory. The board of trustees of | ||||||
| |||||||
| |||||||
| 1 | any sanitary district may annex any
territory which is not | ||||||
| 2 | within the corporate limits of the sanitary
district, provided:
| ||||||
| 3 | (a) The territory is contiguous to the annexing | ||||||
| 4 | sanitary district or the territory is non-contiguous and | ||||||
| 5 | the owner or owners of record have entered into an | ||||||
| 6 | agreement requesting the annexation of the non-contiguous | ||||||
| 7 | territory; and
| ||||||
| 8 | (b) The territory is served by the sanitary district or | ||||||
| 9 | by a
municipality with sanitary sewers that are connected | ||||||
| 10 | and served by the
sanitary district.
| ||||||
| 11 | The annexation shall be accomplished only by ordinance and | ||||||
| 12 | the ordinance
shall include a description of the annexed | ||||||
| 13 | territory. The ordinance annexing non-contiguous territory | ||||||
| 14 | shall designate the ward to which the land shall be assigned. A | ||||||
| 15 | copy of the
ordinance and a map of the annexed territory | ||||||
| 16 | certified as true and accurate
by the clerk of the annexing | ||||||
| 17 | sanitary district shall be filed with the
county clerk of the | ||||||
| 18 | county in which the annexed territory is located.
The new | ||||||
| 19 | boundary shall extend to the far side of any adjacent highway | ||||||
| 20 | and
shall include all of every highway within the area annexed. | ||||||
| 21 | These highways
shall be considered to be annexed even though | ||||||
| 22 | not included in the legal
description set forth in the | ||||||
| 23 | annexation ordinance. | ||||||
| 24 | The territory to be annexed to the sanitary district shall | ||||||
| 25 | be considered to be contiguous to the sanitary district | ||||||
| 26 | notwithstanding that the territory to be annexed is divided by, | ||||||
| |||||||
| |||||||
| 1 | or that the territory to be annexed is separated from the | ||||||
| 2 | sanitary district by, one or more railroad rights-of-way | ||||||
| 3 | rights-of-ways, public easements, or properties owned by a | ||||||
| 4 | public utility, a forest preserve district, a public agency, or | ||||||
| 5 | a not-for-profit corporation.
| ||||||
| 6 | (Source: P.A. 100-31, eff. 8-4-17; revised 8-9-19.)
| ||||||
| 7 | Section 280. The Street Light District Act is amended by | ||||||
| 8 | changing Section 0.01 as follows:
| ||||||
| 9 | (70 ILCS 3305/0.01) (from Ch. 121, par. 354.9)
| ||||||
| 10 | Sec. 0.01. Short title. This Act may be cited as the
Street | ||||||
| 11 | Lighting Light District Act.
| ||||||
| 12 | (Source: P.A. 86-1324; revised 8-9-19.)
| ||||||
| 13 | Section 285. The School Code is amended by changing | ||||||
| 14 | Sections 2-3.155, 2-3.159, 10-17a, 10-21.9, 14-8.02, 18-8.15, | ||||||
| 15 | 21B-45, 21B-50, 22-33, 24-12, 24A-7, 27-21, 27-24.1, 27-24.2, | ||||||
| 16 | 27A-5, 34-18, and 34-18.5, by setting forth and
renumbering | ||||||
| 17 | multiple versions of Section 2-3.176, 10-20.69, 22-85, and | ||||||
| 18 | 27-23.13, and by setting forth,
renumbering, and changing | ||||||
| 19 | multiple versions of Section 34-18.61 as follows:
| ||||||
| 20 | (105 ILCS 5/2-3.155) | ||||||
| 21 | (Text of Section before amendment by P.A. 101-227) | ||||||
| 22 | Sec. 2-3.155. Textbook block grant program. | ||||||
| |||||||
| |||||||
| 1 | (a) The provisions of this Section are in the public | ||||||
| 2 | interest, for the public benefit, and serve secular public | ||||||
| 3 | purposes. | ||||||
| 4 | (b) As used in this Section, "textbook" means any book or | ||||||
| 5 | book substitute that a pupil uses as a text or text substitute, | ||||||
| 6 | including electronic textbooks. "Textbook" includes books, | ||||||
| 7 | reusable workbooks, manuals, whether bound or in loose-leaf | ||||||
| 8 | form, instructional computer software, and electronic | ||||||
| 9 | textbooks and the technological equipment necessary to gain | ||||||
| 10 | access to and use electronic textbooks intended as a principal | ||||||
| 11 | source of study material for a given class or group of | ||||||
| 12 | students. "Textbook" also includes science curriculum | ||||||
| 13 | materials in a kit format that includes pre-packaged consumable | ||||||
| 14 | materials if (i) it is shown that the materials serve as a | ||||||
| 15 | textbook substitute, (ii) the materials are for use by the | ||||||
| 16 | pupils as a principal learning source, (iii) each component of | ||||||
| 17 | the materials is integrally necessary to teach the requirements | ||||||
| 18 | of the intended course, (iv) the kit includes teacher guidance | ||||||
| 19 | materials, and (v) the purchase of individual consumable | ||||||
| 20 | materials is not allowed. | ||||||
| 21 | (c) Subject to annual appropriation by the General | ||||||
| 22 | Assembly, the State Board of Education is authorized to provide | ||||||
| 23 | annual funding to public school districts and | ||||||
| 24 | State-recognized, non-public schools serving students in | ||||||
| 25 | grades kindergarten through 12 for the purchase of selected | ||||||
| 26 | textbooks. The textbooks authorized to be purchased under this | ||||||
| |||||||
| |||||||
| 1 | Section are limited without exception to textbooks for use in | ||||||
| 2 | any public school and that are secular, non-religious, and | ||||||
| 3 | non-sectarian. Each public school district and | ||||||
| 4 | State-recognized, non-public school shall, subject to | ||||||
| 5 | appropriations for that purpose, receive a per pupil grant for | ||||||
| 6 | the purchase of secular textbooks. The per pupil grant amount | ||||||
| 7 | must be calculated by the State Board of Education utilizing | ||||||
| 8 | the total appropriation
made for these purposes divided by the | ||||||
| 9 | most current student
enrollment data available. | ||||||
| 10 | (d) The State Board of Education may adopt rules as | ||||||
| 11 | necessary for the implementation of this Section and to ensure | ||||||
| 12 | the religious neutrality of the textbook block grant program, | ||||||
| 13 | as well as provide for the monitoring of all textbooks | ||||||
| 14 | authorized in this Section to be purchased directly by | ||||||
| 15 | State-recognized, nonpublic schools serving students in grades | ||||||
| 16 | kindergarten through 12.
| ||||||
| 17 | (Source: P.A. 101-17, eff. 6-14-19.)
| ||||||
| 18 | (Text of Section after amendment by P.A. 101-227) | ||||||
| 19 | Sec. 2-3.155. Textbook block grant program. | ||||||
| 20 | (a) The provisions of this Section are in the public | ||||||
| 21 | interest, for the public benefit, and serve secular public | ||||||
| 22 | purposes. | ||||||
| 23 | (b) As used in this Section, "textbook" means any book or | ||||||
| 24 | book substitute that a pupil uses as a text or text substitute, | ||||||
| 25 | including electronic textbooks. "Textbook" includes books, | ||||||
| |||||||
| |||||||
| 1 | reusable workbooks, manuals, whether bound or in loose-leaf | ||||||
| 2 | form, instructional computer software, and electronic | ||||||
| 3 | textbooks and the technological equipment necessary to gain | ||||||
| 4 | access to and use electronic textbooks intended as a principal | ||||||
| 5 | source of study material for a given class or group of | ||||||
| 6 | students. "Textbook" also includes science curriculum | ||||||
| 7 | materials in a kit format that includes pre-packaged consumable | ||||||
| 8 | materials if (i) it is shown that the materials serve as a | ||||||
| 9 | textbook substitute, (ii) the materials are for use by the | ||||||
| 10 | pupils as a principal learning source, (iii) each component of | ||||||
| 11 | the materials is integrally necessary to teach the requirements | ||||||
| 12 | of the intended course, (iv) the kit includes teacher guidance | ||||||
| 13 | materials, and (v) the purchase of individual consumable | ||||||
| 14 | materials is not allowed. | ||||||
| 15 | (c) Subject to annual appropriation by the General | ||||||
| 16 | Assembly, the State Board of Education is authorized to provide | ||||||
| 17 | annual funding to public school districts and | ||||||
| 18 | State-recognized, non-public schools serving students in | ||||||
| 19 | grades kindergarten through 12 for the purchase of selected | ||||||
| 20 | textbooks. The textbooks authorized to be purchased under this | ||||||
| 21 | Section are limited without exception to textbooks for use in | ||||||
| 22 | any public school and that are secular, non-religious, | ||||||
| 23 | non-sectarian, and non-discriminatory as to any of the | ||||||
| 24 | characteristics under the Illinois Human Rights Act. Textbooks | ||||||
| 25 | authorized to be purchased under this Section must include the | ||||||
| 26 | roles and contributions of all people protected under the | ||||||
| |||||||
| |||||||
| 1 | Illinois Human Rights Act. Each public school district and | ||||||
| 2 | State-recognized, non-public school shall, subject to | ||||||
| 3 | appropriations for that purpose, receive a per pupil grant for | ||||||
| 4 | the purchase of secular and non-discriminatory textbooks. The | ||||||
| 5 | per pupil grant amount must be calculated by the State Board of | ||||||
| 6 | Education utilizing the total appropriation
made for these | ||||||
| 7 | purposes divided by the most current student
enrollment data | ||||||
| 8 | available. | ||||||
| 9 | (d) The State Board of Education may adopt rules as | ||||||
| 10 | necessary for the implementation of this Section and to ensure | ||||||
| 11 | the religious neutrality of the textbook block grant program, | ||||||
| 12 | as well as provide for the monitoring of all textbooks | ||||||
| 13 | authorized in this Section to be purchased directly by | ||||||
| 14 | State-recognized, nonpublic schools serving students in grades | ||||||
| 15 | kindergarten through 12.
| ||||||
| 16 | (Source: P.A. 101-17, eff. 6-14-19; 101-227, eff. 7-1-20; | ||||||
| 17 | revised 9-10-19.)
| ||||||
| 18 | (105 ILCS 5/2-3.159) | ||||||
| 19 | Sec. 2-3.159. State Seal of Biliteracy. | ||||||
| 20 | (a) In this Section, "foreign language" means any language | ||||||
| 21 | other than English, including all modern languages, Latin, | ||||||
| 22 | American Sign Language, Native American languages, and native | ||||||
| 23 | languages. | ||||||
| 24 | (b) The State Seal of Biliteracy program is established to | ||||||
| 25 | recognize public and non-public high school graduates who have | ||||||
| |||||||
| |||||||
| 1 | attained a high level of proficiency in one or more languages | ||||||
| 2 | in addition to English. School district and non-public school | ||||||
| 3 | participation in this program is voluntary. | ||||||
| 4 | (c) The purposes of the State Seal of Biliteracy are as | ||||||
| 5 | follows: | ||||||
| 6 | (1) To encourage pupils to study languages. | ||||||
| 7 | (2) To certify attainment of biliteracy. | ||||||
| 8 | (3) To provide employers with a method of identifying | ||||||
| 9 | people with language and biliteracy skills. | ||||||
| 10 | (4) To provide universities with an additional method | ||||||
| 11 | to recognize applicants seeking admission. | ||||||
| 12 | (5) To prepare pupils with 21st century skills. | ||||||
| 13 | (6) To recognize the value of foreign language and | ||||||
| 14 | native language instruction in public and non-public | ||||||
| 15 | schools. | ||||||
| 16 | (7) To strengthen intergroup relationships, affirm the | ||||||
| 17 | value of diversity, and honor the multiple cultures and | ||||||
| 18 | languages of a community. | ||||||
| 19 | (d) The State Seal of Biliteracy certifies attainment of a | ||||||
| 20 | high
level of proficiency, sufficient for meaningful use in | ||||||
| 21 | college and a career, by a graduating public or non-public high | ||||||
| 22 | school pupil in one or more
languages in addition to English. | ||||||
| 23 | (e) The State Board of Education shall adopt such rules as | ||||||
| 24 | may be necessary to establish the criteria that pupils must | ||||||
| 25 | achieve to earn a State Seal of Biliteracy, which may include | ||||||
| 26 | without limitation attainment of units of credit in English | ||||||
| |||||||
| |||||||
| 1 | language arts and languages other than English and passage of | ||||||
| 2 | such assessments of foreign language proficiency as may be | ||||||
| 3 | approved by the State Board of Education for this purpose. | ||||||
| 4 | These rules shall ensure that the criteria that pupils must | ||||||
| 5 | achieve to earn a State Seal of Biliteracy meet the course | ||||||
| 6 | credit criteria established under subsection (i) of this | ||||||
| 7 | Section. | ||||||
| 8 | (e-5) To demonstrate sufficient English language | ||||||
| 9 | proficiency for eligibility to receive a State Seal of | ||||||
| 10 | Biliteracy under this Section, the State Board of Education | ||||||
| 11 | shall allow a pupil to provide his or her school district with | ||||||
| 12 | evidence of completion of any of the following, in accordance | ||||||
| 13 | with guidelines for proficiency adopted by the State Board: | ||||||
| 14 | (1) An AP (Advanced Placement) English Language and | ||||||
| 15 | Composition Exam. | ||||||
| 16 | (2) An English language arts dual credit course. | ||||||
| 17 | (3) Transitional coursework in English language arts | ||||||
| 18 | articulated in partnership with a public community college | ||||||
| 19 | as an ESSA (Every Student Succeeds Act) College and Career | ||||||
| 20 | Readiness Indicator. | ||||||
| 21 | (f) The State Board of Education shall do both of the | ||||||
| 22 | following: | ||||||
| 23 | (1) Prepare and deliver to participating school | ||||||
| 24 | districts and non-public schools an appropriate mechanism | ||||||
| 25 | for designating the State Seal of Biliteracy on the diploma | ||||||
| 26 | and transcript of the pupil indicating that the pupil has | ||||||
| |||||||
| |||||||
| 1 | been awarded a State Seal of Biliteracy by the State Board | ||||||
| 2 | of Education. | ||||||
| 3 | (2) Provide other information the State Board of | ||||||
| 4 | Education deems necessary for school districts and | ||||||
| 5 | non-public schools to successfully participate in the | ||||||
| 6 | program. | ||||||
| 7 | (g) A school district or non-public school that | ||||||
| 8 | participates in the program under this
Section shall do both of | ||||||
| 9 | the following: | ||||||
| 10 | (1) Maintain appropriate records in order to identify | ||||||
| 11 | pupils who have earned a State Seal of Biliteracy. | ||||||
| 12 | (2) Make the appropriate designation on the diploma and | ||||||
| 13 | transcript of each pupil who earns a State Seal of | ||||||
| 14 | Biliteracy. | ||||||
| 15 | (h) No fee shall be charged to a pupil to receive the | ||||||
| 16 | designation pursuant to this Section. Notwithstanding this | ||||||
| 17 | prohibition, costs may be incurred by the pupil in | ||||||
| 18 | demonstrating proficiency, including without limitation any | ||||||
| 19 | assessments required under subsection (e) of this Section.
| ||||||
| 20 | (i) For admissions purposes, each public university in this | ||||||
| 21 | State shall accept the State Seal of Biliteracy as equivalent | ||||||
| 22 | to 2 years of foreign language coursework taken during high | ||||||
| 23 | school if a student's high school transcript indicates that he | ||||||
| 24 | or she will be receiving or has received the State Seal of | ||||||
| 25 | Biliteracy. | ||||||
| 26 | (j) Each public community college and public university in | ||||||
| |||||||
| |||||||
| 1 | this State shall establish criteria to translate a State Seal | ||||||
| 2 | of Biliteracy into course credit based on foreign language | ||||||
| 3 | course equivalencies identified by the community college's or | ||||||
| 4 | university's faculty and staff and, upon request from an | ||||||
| 5 | enrolled student, the community college or university shall | ||||||
| 6 | award foreign language course credit to a student who has | ||||||
| 7 | received a State Seal of Biliteracy. Students enrolled in a | ||||||
| 8 | public community college or public university who have received | ||||||
| 9 | a State Seal of Biliteracy must request course credit for their | ||||||
| 10 | seal within 3 academic years after graduating from high school. | ||||||
| 11 | (Source: P.A. 101-222, eff. 1-1-20; 101-503, eff. 8-23-19; | ||||||
| 12 | revised 9-9-19.)
| ||||||
| 13 | (105 ILCS 5/2-3.176) | ||||||
| 14 | Sec. 2-3.176. Transfers to Governor's Grant Fund. In | ||||||
| 15 | addition to any other transfers that may be provided for by | ||||||
| 16 | law, the State Comptroller shall direct and the State Treasurer | ||||||
| 17 | shall transfer from the SBE Federal Agency Services Fund and | ||||||
| 18 | the SBE Federal Department of Education Fund into the | ||||||
| 19 | Governor's Grant Fund such amounts as may be directed in | ||||||
| 20 | writing by the State Board of Education.
| ||||||
| 21 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
| 22 | (105 ILCS 5/2-3.179)
| ||||||
| 23 | Sec. 2-3.179 2-3.176. Work-based learning database. | ||||||
| 24 | (a) In this Section, "work-based learning" means an | ||||||
| |||||||
| |||||||
| 1 | educational strategy that provides students with real-life | ||||||
| 2 | work experiences in which they can apply academic and technical | ||||||
| 3 | skills and develop their employability. | ||||||
| 4 | (b) The State Board must develop a work-based learning | ||||||
| 5 | database to help facilitate relationships between school | ||||||
| 6 | districts and businesses and expand work-based learning in this | ||||||
| 7 | State.
| ||||||
| 8 | (Source: P.A. 101-389, eff. 8-16-19; revised 10-21-19.)
| ||||||
| 9 | (105 ILCS 5/2-3.180)
| ||||||
| 10 | Sec. 2-3.180 2-3.176. School safety and security grants. | ||||||
| 11 | Subject to appropriation or private donations, the State Board | ||||||
| 12 | of Education shall award grants to school districts to support | ||||||
| 13 | school safety and security. Grant funds may be used for school | ||||||
| 14 | security improvements, including professional development, | ||||||
| 15 | safety-related upgrades to school buildings, equipment, | ||||||
| 16 | including metal detectors and x-ray machines, and facilities, | ||||||
| 17 | including school-based health centers. The State Board must | ||||||
| 18 | prioritize the distribution of grants under this Section to | ||||||
| 19 | school districts designated as Tier 1 or Tier 2 under Section | ||||||
| 20 | 18-8.15.
| ||||||
| 21 | (Source: P.A. 101-413, eff. 1-1-20; revised 10-21-19.)
| ||||||
| 22 | (105 ILCS 5/2-3.181)
| ||||||
| 23 | Sec. 2-3.181 2-3.176. Safe Schools and Healthy Learning | ||||||
| 24 | Environments Grant Program. | ||||||
| |||||||
| |||||||
| 1 | (a) The State Board of Education, subject to appropriation, | ||||||
| 2 | is authorized to award competitive grants on an annual basis | ||||||
| 3 | under a Safe Schools and Healthy Learning Environments Grant | ||||||
| 4 | Program. The goal of this grant program is to promote school | ||||||
| 5 | safety and healthy learning environments by providing schools | ||||||
| 6 | with additional resources to implement restorative | ||||||
| 7 | interventions and resolution strategies as alternatives to | ||||||
| 8 | exclusionary discipline, and to address the full range of | ||||||
| 9 | students' intellectual, social, emotional, physical, | ||||||
| 10 | psychological, and moral developmental needs. | ||||||
| 11 | (b) To receive a grant under this program, a school | ||||||
| 12 | district must submit with its grant application a plan for | ||||||
| 13 | implementing evidence-based and promising practices that are | ||||||
| 14 | aligned with the goal of this program. The application may | ||||||
| 15 | include proposals to (i) hire additional school support | ||||||
| 16 | personnel, including, but not limited to, restorative justice | ||||||
| 17 | practitioners, school psychologists, school social workers, | ||||||
| 18 | and other mental and behavioral health specialists; (ii) use | ||||||
| 19 | existing school-based resources, community-based resources, or | ||||||
| 20 | other experts and practitioners to expand alternatives to | ||||||
| 21 | exclusionary discipline, mental and behavioral health | ||||||
| 22 | supports, wraparound services, or drug and alcohol treatment; | ||||||
| 23 | and (iii) provide training for school staff on trauma-informed | ||||||
| 24 | approaches to meeting students' developmental needs, | ||||||
| 25 | addressing the effects of toxic stress, restorative justice | ||||||
| 26 | approaches, conflict resolution techniques, and the effective | ||||||
| |||||||
| |||||||
| 1 | utilization of school support personnel and community-based | ||||||
| 2 | services. For purposes of this subsection, "promising | ||||||
| 3 | practices" means practices that present, based on preliminary | ||||||
| 4 | information, potential for becoming evidence-based practices. | ||||||
| 5 | Grant funds may not be used to increase the use of | ||||||
| 6 | school-based law enforcement or security personnel. Nothing in | ||||||
| 7 | this Section shall prohibit school districts from involving law | ||||||
| 8 | enforcement personnel when necessary and allowed by law. | ||||||
| 9 | (c) The State Board of Education, subject to appropriation | ||||||
| 10 | for the grant program, shall annually disseminate a request for | ||||||
| 11 | applications to this program, and funds shall be distributed | ||||||
| 12 | annually. The criteria to be considered by the State Board of | ||||||
| 13 | Education in awarding the funds shall be (i) the average ratio | ||||||
| 14 | of school support personnel to students in the target schools | ||||||
| 15 | over the preceding 3 school years, with priority given to | ||||||
| 16 | applications with a demonstrated shortage of school support | ||||||
| 17 | personnel to meet student needs; and (ii) the degree to which | ||||||
| 18 | the proposal articulates a comprehensive approach for reducing | ||||||
| 19 | exclusionary discipline while building safe and healthy | ||||||
| 20 | learning environments. Priority shall be given to school | ||||||
| 21 | districts that meet the metrics under subsection (b) of Section | ||||||
| 22 | 2-3.162. | ||||||
| 23 | (d) The State Board of Education, subject to appropriation | ||||||
| 24 | for the grant program, shall produce an
annual report on the | ||||||
| 25 | program in
cooperation with the school districts participating | ||||||
| 26 | in the program. The report shall include available
quantitative | ||||||
| |||||||
| |||||||
| 1 | information on the progress being made in reducing exclusionary | ||||||
| 2 | discipline and the effects of the program on school safety and | ||||||
| 3 | school climate. This report shall be posted on the State Board | ||||||
| 4 | of Education's website by
October 31 of each year, beginning in | ||||||
| 5 | 2020. | ||||||
| 6 | (e) The State Board of Education may adopt any rules | ||||||
| 7 | necessary for the implementation of this program.
| ||||||
| 8 | (Source: P.A. 101-438, eff. 8-20-19; revised 10-21-19.)
| ||||||
| 9 | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||||||
| 10 | Sec. 10-17a. State, school district, and school report | ||||||
| 11 | cards.
| ||||||
| 12 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
| 13 | school year, the State Board of Education, through the State | ||||||
| 14 | Superintendent of Education, shall prepare a State report card, | ||||||
| 15 | school district report cards, and school report cards, and | ||||||
| 16 | shall by the most economic means provide to each school
| ||||||
| 17 | district in this State, including special charter districts and | ||||||
| 18 | districts
subject to the provisions of Article 34, the report | ||||||
| 19 | cards for the school district and each of its schools. | ||||||
| 20 | (2) In addition to any information required by federal law, | ||||||
| 21 | the State Superintendent shall determine the indicators and | ||||||
| 22 | presentation of the school report card, which must include, at | ||||||
| 23 | a minimum, the most current data collected and maintained by | ||||||
| 24 | the State Board of Education related to the following: | ||||||
| 25 | (A) school characteristics and student demographics, | ||||||
| |||||||
| |||||||
| 1 | including average class size, average teaching experience, | ||||||
| 2 | student racial/ethnic breakdown, and the percentage of | ||||||
| 3 | students classified as low-income; the percentage of | ||||||
| 4 | students classified as English learners; the percentage of | ||||||
| 5 | students who have individualized education plans or 504 | ||||||
| 6 | plans that provide for special education services; the | ||||||
| 7 | number and percentage of all students who have been | ||||||
| 8 | assessed for placement in a gifted education or advanced | ||||||
| 9 | academic program and, of those students: (i) the racial and | ||||||
| 10 | ethnic breakdown, (ii) the percentage who are classified as | ||||||
| 11 | low-income, and (iii) the number and percentage of students | ||||||
| 12 | who received direct instruction from a teacher who holds a | ||||||
| 13 | gifted education endorsement and, of those students, the | ||||||
| 14 | percentage who are classified as low-income; the | ||||||
| 15 | percentage of students scoring at the "exceeds | ||||||
| 16 | expectations" level on the assessments required under | ||||||
| 17 | Section 2-3.64a-5 of this Code; the percentage of students | ||||||
| 18 | who annually transferred in or out of the school district; | ||||||
| 19 | average daily attendance; the per-pupil operating | ||||||
| 20 | expenditure of the school district; and the per-pupil State | ||||||
| 21 | average operating expenditure for the district type | ||||||
| 22 | (elementary, high school, or unit); | ||||||
| 23 | (B) curriculum information, including, where | ||||||
| 24 | applicable, Advanced Placement, International | ||||||
| 25 | Baccalaureate or equivalent courses, dual enrollment | ||||||
| 26 | courses, foreign language classes, school personnel | ||||||
| |||||||
| |||||||
| 1 | resources (including Career Technical Education teachers), | ||||||
| 2 | before and after school programs, extracurricular | ||||||
| 3 | activities, subjects in which elective classes are | ||||||
| 4 | offered, health and wellness initiatives (including the | ||||||
| 5 | average number of days of Physical Education per week per | ||||||
| 6 | student), approved programs of study, awards received, | ||||||
| 7 | community partnerships, and special programs such as | ||||||
| 8 | programming for the gifted and talented, students with | ||||||
| 9 | disabilities, and work-study students; | ||||||
| 10 | (C) student outcomes, including, where applicable, the | ||||||
| 11 | percentage of students deemed proficient on assessments of | ||||||
| 12 | State standards, the percentage of students in the eighth | ||||||
| 13 | grade who pass Algebra, the percentage of students who | ||||||
| 14 | participated in workplace learning experiences, the | ||||||
| 15 | percentage of students enrolled in post-secondary | ||||||
| 16 | institutions (including colleges, universities, community | ||||||
| 17 | colleges, trade/vocational schools, and training programs | ||||||
| 18 | leading to career certification within 2 semesters of high | ||||||
| 19 | school graduation), the percentage of students graduating | ||||||
| 20 | from high school who are college and career ready, and the | ||||||
| 21 | percentage of graduates enrolled in community colleges, | ||||||
| 22 | colleges, and universities who are in one or more courses | ||||||
| 23 | that the community college, college, or university | ||||||
| 24 | identifies as a developmental course; | ||||||
| 25 | (D) student progress, including, where applicable, the | ||||||
| 26 | percentage of students in the ninth grade who have earned 5 | ||||||
| |||||||
| |||||||
| 1 | credits or more without failing more than one core class, a | ||||||
| 2 | measure of students entering kindergarten ready to learn, a | ||||||
| 3 | measure of growth, and the percentage of students who enter | ||||||
| 4 | high school on track for college and career readiness; | ||||||
| 5 | (E) the school environment, including, where | ||||||
| 6 | applicable, the percentage of students with less than 10 | ||||||
| 7 | absences in a school year, the percentage of teachers with | ||||||
| 8 | less than 10 absences in a school year for reasons other | ||||||
| 9 | than professional development, leaves taken pursuant to | ||||||
| 10 | the federal Family Medical Leave Act of 1993, long-term | ||||||
| 11 | disability, or parental leaves, the 3-year average of the | ||||||
| 12 | percentage of teachers returning to the school from the | ||||||
| 13 | previous year, the number of different principals at the | ||||||
| 14 | school in the last 6 years, the number of teachers who hold | ||||||
| 15 | a gifted education endorsement, the process and criteria | ||||||
| 16 | used by the district to determine whether a student is | ||||||
| 17 | eligible for participation in a gifted education program or | ||||||
| 18 | advanced academic program and the manner in which parents | ||||||
| 19 | and guardians are made aware of the process and criteria, 2 | ||||||
| 20 | or more indicators from any school climate survey selected | ||||||
| 21 | or approved by the State and administered pursuant to | ||||||
| 22 | Section 2-3.153 of this Code, with the same or similar | ||||||
| 23 | indicators included on school report cards for all surveys | ||||||
| 24 | selected or approved by the State pursuant to Section | ||||||
| 25 | 2-3.153 of this Code, and the combined percentage of | ||||||
| 26 | teachers rated as proficient or excellent in their most | ||||||
| |||||||
| |||||||
| 1 | recent evaluation; | ||||||
| 2 | (F) a school district's and its individual schools' | ||||||
| 3 | balanced accountability measure, in accordance with | ||||||
| 4 | Section 2-3.25a of this Code; | ||||||
| 5 | (G) the total and per pupil normal cost amount the | ||||||
| 6 | State contributed to the Teachers' Retirement System of the | ||||||
| 7 | State of Illinois in the prior fiscal year for the school's | ||||||
| 8 | employees, which shall be reported to the State Board of | ||||||
| 9 | Education by the Teachers' Retirement System of the State | ||||||
| 10 | of Illinois; | ||||||
| 11 | (H) for a school district organized under Article 34 of | ||||||
| 12 | this Code only, State contributions to the Public School | ||||||
| 13 | Teachers' Pension and Retirement Fund of Chicago and State | ||||||
| 14 | contributions for health care for employees of that school | ||||||
| 15 | district; | ||||||
| 16 | (I) a school district's Final Percent of Adequacy, as | ||||||
| 17 | defined in paragraph (4) of subsection (f) of Section | ||||||
| 18 | 18-8.15 of this Code; | ||||||
| 19 | (J) a school district's Local Capacity Target, as | ||||||
| 20 | defined in paragraph (2) of subsection (c) of Section | ||||||
| 21 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
| 22 | (K) a school district's Real Receipts, as defined in | ||||||
| 23 | paragraph (1) of subsection (d) of Section 18-8.15 of this | ||||||
| 24 | Code, divided by a school district's Adequacy Target, as | ||||||
| 25 | defined in paragraph (1) of subsection (b) of Section | ||||||
| 26 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
| |||||||
| |||||||
| 1 | (L) a school district's administrative costs; and | ||||||
| 2 | (M) whether or not the school has participated in the | ||||||
| 3 | Illinois Youth Survey. In this paragraph (M), "Illinois | ||||||
| 4 | Youth Survey" means a self-report survey, administered in | ||||||
| 5 | school settings every 2 years, designed to gather | ||||||
| 6 | information about health and social indicators, including | ||||||
| 7 | substance abuse patterns and the attitudes of students in | ||||||
| 8 | grades 8, 10, and 12; and | ||||||
| 9 | (N) whether the school offered its students career and | ||||||
| 10 | technical education opportunities. | ||||||
| 11 | The school report card shall also provide
information that | ||||||
| 12 | allows for comparing the current outcome, progress, and | ||||||
| 13 | environment data to the State average, to the school data from | ||||||
| 14 | the past 5 years, and to the outcomes, progress, and | ||||||
| 15 | environment of similar schools based on the type of school and | ||||||
| 16 | enrollment of low-income students, special education students, | ||||||
| 17 | and English learners.
| ||||||
| 18 | As used in this subsection (2): | ||||||
| 19 | "Administrative costs" means costs associated with | ||||||
| 20 | executive, administrative, or managerial functions within the | ||||||
| 21 | school district that involve planning, organizing, managing, | ||||||
| 22 | or directing the school district. | ||||||
| 23 | "Advanced academic program" means a course of study to | ||||||
| 24 | which students are assigned based on advanced cognitive ability | ||||||
| 25 | or advanced academic achievement compared to local age peers | ||||||
| 26 | and in which the curriculum is substantially differentiated | ||||||
| |||||||
| |||||||
| 1 | from the general curriculum to provide appropriate challenge | ||||||
| 2 | and pace. | ||||||
| 3 | "Gifted education" means educational services, including | ||||||
| 4 | differentiated curricula and instructional methods, designed | ||||||
| 5 | to meet the needs of gifted children as defined in Article 14A | ||||||
| 6 | of this Code. | ||||||
| 7 | For the purposes of paragraph (A) of this subsection (2), | ||||||
| 8 | "average daily attendance" means the average of the actual | ||||||
| 9 | number of attendance days during the previous school year for | ||||||
| 10 | any enrolled student who is subject to compulsory attendance by | ||||||
| 11 | Section 26-1 of this Code at each school and charter school. | ||||||
| 12 | (3) At the discretion of the State Superintendent, the | ||||||
| 13 | school district report card shall include a subset of the | ||||||
| 14 | information identified in paragraphs (A) through (E) of | ||||||
| 15 | subsection (2) of this Section, as well as information relating | ||||||
| 16 | to the operating expense per pupil and other finances of the | ||||||
| 17 | school district, and the State report card shall include a | ||||||
| 18 | subset of the information identified in paragraphs (A) through | ||||||
| 19 | (E) and paragraph (N) of subsection (2) of this Section. The | ||||||
| 20 | school district report card shall include the average daily | ||||||
| 21 | attendance, as that term is defined in subsection (2) of this | ||||||
| 22 | Section, of students who have individualized education | ||||||
| 23 | programs and students who have 504 plans that provide for | ||||||
| 24 | special education services within the school district. | ||||||
| 25 | (4) Notwithstanding anything to the contrary in this | ||||||
| 26 | Section, in consultation with key education stakeholders, the | ||||||
| |||||||
| |||||||
| 1 | State Superintendent shall at any time have the discretion to | ||||||
| 2 | amend or update any and all metrics on the school, district, or | ||||||
| 3 | State report card. | ||||||
| 4 | (5) Annually, no more than 30 calendar days after receipt | ||||||
| 5 | of the school district and school report cards from the State | ||||||
| 6 | Superintendent of Education, each school district, including | ||||||
| 7 | special charter districts and districts subject to the | ||||||
| 8 | provisions of Article 34, shall present such report
cards at a | ||||||
| 9 | regular school board meeting subject to
applicable notice | ||||||
| 10 | requirements, post the report cards
on the
school district's | ||||||
| 11 | Internet web site, if the district maintains an Internet web
| ||||||
| 12 | site, make the report cards
available
to a newspaper of general | ||||||
| 13 | circulation serving the district, and, upon
request, send the | ||||||
| 14 | report cards
home to a parent (unless the district does not | ||||||
| 15 | maintain an Internet web site,
in which case
the report card | ||||||
| 16 | shall be sent home to parents without request). If the
district | ||||||
| 17 | posts the report card on its Internet web
site, the district
| ||||||
| 18 | shall send a
written notice home to parents stating (i) that | ||||||
| 19 | the report card is available on
the web site,
(ii) the address | ||||||
| 20 | of the web site, (iii) that a printed copy of the report card
| ||||||
| 21 | will be sent to
parents upon request, and (iv) the telephone | ||||||
| 22 | number that parents may
call to
request a printed copy of the | ||||||
| 23 | report card.
| ||||||
| 24 | (6) Nothing contained in Public Act 98-648 repeals, | ||||||
| 25 | supersedes, invalidates, or nullifies final decisions in | ||||||
| 26 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
| |||||||
| |||||||
| 1 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
| 2 | Public Act 97-8. | ||||||
| 3 | (Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18; | ||||||
| 4 | 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff. | ||||||
| 5 | 8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68, | ||||||
| 6 | eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
| ||||||
| 7 | (105 ILCS 5/10-20.69) | ||||||
| 8 | Sec. 10-20.69. Policy on sexual harassment. Each school | ||||||
| 9 | district must create, maintain, and implement an | ||||||
| 10 | age-appropriate policy on sexual harassment that must be posted | ||||||
| 11 | on the school district's website and, if applicable, any other | ||||||
| 12 | area where policies, rules, and standards of conduct are | ||||||
| 13 | currently posted in each school and must also be included in | ||||||
| 14 | the school district's student code of conduct handbook.
| ||||||
| 15 | (Source: P.A. 101-418, eff. 1-1-20.)
| ||||||
| 16 | (105 ILCS 5/10-20.70)
| ||||||
| 17 | Sec. 10-20.70 10-20.69. Class size reporting. No later than | ||||||
| 18 | November 16, 2020, and annually thereafter, each school | ||||||
| 19 | district must report to the State Board of Education | ||||||
| 20 | information on the school district described under subsection | ||||||
| 21 | (b) of Section 2-3.136a and must make that information | ||||||
| 22 | available on its website.
| ||||||
| 23 | (Source: P.A. 101-451, eff. 1-1-20; revised 10-21-19.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/10-20.71)
| ||||||
| 2 | Sec. 10-20.71 10-20.69. Sexual abuse investigations at | ||||||
| 3 | schools. Every 2 years, each school district must review all | ||||||
| 4 | existing policies and procedures concerning sexual abuse | ||||||
| 5 | investigations at schools to ensure consistency with Section | ||||||
| 6 | 22-85.
| ||||||
| 7 | (Source: P.A. 101-531, eff. 8-23-19; revised 10-21-19.)
| ||||||
| 8 | (105 ILCS 5/10-20.72)
| ||||||
| 9 | Sec. 10-20.72 10-20.69. Door security locking means. | ||||||
| 10 | (a) In this Section, "door security locking means" means a | ||||||
| 11 | door locking means intended for use by a trained school | ||||||
| 12 | district employee in a school building for the purpose of | ||||||
| 13 | preventing ingress through a door of the building. | ||||||
| 14 | (b) A school district may install a door security locking | ||||||
| 15 | means on a door of a school building to prevent unwanted entry | ||||||
| 16 | through the door if all of the following requirements are met: | ||||||
| 17 | (1) The door security locking means can be engaged | ||||||
| 18 | without opening the door. | ||||||
| 19 | (2) The unlocking and unlatching of the door security | ||||||
| 20 | locking means from the occupied side of the door can be | ||||||
| 21 | accomplished without the use of a key or tool. | ||||||
| 22 | (3) The door security locking means complies with all | ||||||
| 23 | applicable State and federal accessibility requirements. | ||||||
| 24 | (4) Locks, if remotely engaged, can be unlocked from | ||||||
| 25 | the occupied side. | ||||||
| |||||||
| |||||||
| 1 | (5) The door security locking means is capable of being | ||||||
| 2 | disengaged from the outside by school district employees, | ||||||
| 3 | and school district employees may use a key or other | ||||||
| 4 | credentials to unlock the door from the outside. | ||||||
| 5 | (6) The door security locking means does not modify the | ||||||
| 6 | door-closing hardware, panic hardware, or fire exit | ||||||
| 7 | hardware. | ||||||
| 8 | (7) Any bolts, stops, brackets, or pins employed by the | ||||||
| 9 | door security locking means do not affect the fire rating | ||||||
| 10 | of a fire door assembly. | ||||||
| 11 | (8) School district employees are trained in the | ||||||
| 12 | engagement and release of the door security locking means, | ||||||
| 13 | from within and outside the room, as part of the emergency | ||||||
| 14 | response plan. | ||||||
| 15 | (9) For doors installed before July 1, 2019 only, the | ||||||
| 16 | unlocking and unlatching of a door security locking means | ||||||
| 17 | requires no more than 2 releasing operations. For doors | ||||||
| 18 | installed on or after July 1, 2019, the unlocking and | ||||||
| 19 | unlatching of a door security locking means requires no | ||||||
| 20 | more than one releasing operation. If doors installed | ||||||
| 21 | before July 1, 2019 are replaced on or after July 1, 2019, | ||||||
| 22 | the unlocking and unlatching of a door security locking | ||||||
| 23 | means on the replacement door requires no more than one | ||||||
| 24 | releasing operation. | ||||||
| 25 | (10) The door security locking means is no more than 48 | ||||||
| 26 | inches above the finished floor. | ||||||
| |||||||
| |||||||
| 1 | (11) The door security locking means otherwise | ||||||
| 2 | complies with the school building code prepared by the | ||||||
| 3 | State Board of Education under Section 2-3.12. | ||||||
| 4 | A school district may install a door security locking means | ||||||
| 5 | that does not comply with paragraph (3) or (10) of this | ||||||
| 6 | subsection if (i) the school district meets all other | ||||||
| 7 | requirements under this subsection and (ii) prior to its | ||||||
| 8 | installation, local law enforcement officials, the local fire | ||||||
| 9 | department, and the school board agree, in writing, to the | ||||||
| 10 | installation and use of the door security locking means. The | ||||||
| 11 | school district must keep the agreement on file and must, upon | ||||||
| 12 | request, provide the agreement to its regional office of | ||||||
| 13 | education. The agreement must be included in the school | ||||||
| 14 | district's filed school safety plan under the School Safety | ||||||
| 15 | Drill Act. | ||||||
| 16 | (c) A school district must include the location of any door | ||||||
| 17 | security locking means and must address the use of the locking | ||||||
| 18 | and unlocking means from within and outside the room in its | ||||||
| 19 | filed school safety plan under the School Safety Drill Act. | ||||||
| 20 | Local law enforcement officials and the local fire department | ||||||
| 21 | must be notified of the location of any door security locking | ||||||
| 22 | means and how to disengage it. Any specific tool needed to | ||||||
| 23 | disengage the door security locking means from the outside of | ||||||
| 24 | the room must, upon request, be made available to local law | ||||||
| 25 | enforcement officials and the local fire department. | ||||||
| 26 | (d) A door security locking means may be used only (i) by a | ||||||
| |||||||
| |||||||
| 1 | school district employee trained under subsection (e), (ii) | ||||||
| 2 | during an emergency that threatens the health and safety of | ||||||
| 3 | students and employees or during an active shooter drill, and | ||||||
| 4 | (iii) when local law enforcement officials and the local fire | ||||||
| 5 | department have been notified of its installation prior to its | ||||||
| 6 | use. The door security locking means must be engaged for a | ||||||
| 7 | finite period of time in accordance with the school district's | ||||||
| 8 | school safety plan adopted under the School Safety Drill Act. | ||||||
| 9 | (e) A school district that has installed a door security | ||||||
| 10 | locking means shall conduct an in-service training program for | ||||||
| 11 | school district employees on the proper use of the door | ||||||
| 12 | security locking means. The school district shall keep a file | ||||||
| 13 | verifying the employees who have completed the program and | ||||||
| 14 | must, upon request, provide the file to its regional office of | ||||||
| 15 | education and the local fire department and local law | ||||||
| 16 | enforcement agency. | ||||||
| 17 | (f) A door security locking means that requires 2 releasing | ||||||
| 18 | operations must be discontinued from use when the door is | ||||||
| 19 | replaced or is a part of new construction. Replacement and new | ||||||
| 20 | construction door hardware must include mortise locks, | ||||||
| 21 | compliant with the applicable building code, and must be | ||||||
| 22 | lockable from the occupied side without opening the door. | ||||||
| 23 | However, mortise locks are not required if panic hardware or | ||||||
| 24 | fire exit hardware is required.
| ||||||
| 25 | (Source: P.A. 101-548, eff. 8-23-19; revised 10-21-19.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
| 2 | Sec. 10-21.9. Criminal history records checks and checks of | ||||||
| 3 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
| 4 | Violent Offender Against Youth Database.
| ||||||
| 5 | (a) Licensed and nonlicensed applicants for employment | ||||||
| 6 | with a school
district, except school bus driver applicants, | ||||||
| 7 | are required as a condition
of employment to authorize a | ||||||
| 8 | fingerprint-based criminal history records check to determine | ||||||
| 9 | if such applicants have been convicted of any disqualifying, | ||||||
| 10 | enumerated criminal or drug offenses in subsection (c) of this | ||||||
| 11 | Section or
have been convicted, within 7 years of the | ||||||
| 12 | application for employment with
the
school district, of any | ||||||
| 13 | other felony under the laws of this State or of any
offense | ||||||
| 14 | committed or attempted in any other state or against the laws | ||||||
| 15 | of
the United States that, if committed or attempted in this | ||||||
| 16 | State, would
have been punishable as a felony under the laws of | ||||||
| 17 | this State.
Authorization for
the check shall be furnished by | ||||||
| 18 | the applicant to
the school district, except that if the | ||||||
| 19 | applicant is a substitute teacher
seeking employment in more | ||||||
| 20 | than one school district, a teacher seeking
concurrent | ||||||
| 21 | part-time employment positions with more than one school
| ||||||
| 22 | district (as a reading specialist, special education teacher or | ||||||
| 23 | otherwise),
or an educational support personnel employee | ||||||
| 24 | seeking employment positions
with more than one district, any | ||||||
| 25 | such district may require the applicant to
furnish | ||||||
| 26 | authorization for
the check to the regional superintendent
of | ||||||
| |||||||
| |||||||
| 1 | the educational service region in which are located the school | ||||||
| 2 | districts
in which the applicant is seeking employment as a | ||||||
| 3 | substitute or concurrent
part-time teacher or concurrent | ||||||
| 4 | educational support personnel employee.
Upon receipt of this | ||||||
| 5 | authorization, the school district or the appropriate
regional | ||||||
| 6 | superintendent, as the case may be, shall submit the | ||||||
| 7 | applicant's
name, sex, race, date of birth, social security | ||||||
| 8 | number, fingerprint images, and other identifiers, as | ||||||
| 9 | prescribed by the Department
of State Police, to the | ||||||
| 10 | Department. The regional
superintendent submitting the | ||||||
| 11 | requisite information to the Department of
State Police shall | ||||||
| 12 | promptly notify the school districts in which the
applicant is | ||||||
| 13 | seeking employment as a substitute or concurrent part-time
| ||||||
| 14 | teacher or concurrent educational support personnel employee | ||||||
| 15 | that
the
check of the applicant has been requested. The | ||||||
| 16 | Department of State Police and the Federal Bureau of | ||||||
| 17 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
| 18 | criminal history records check, records of convictions, | ||||||
| 19 | forever and hereinafter, until expunged, to the president of | ||||||
| 20 | the school board for the school district that requested the | ||||||
| 21 | check, or to the regional superintendent who requested the | ||||||
| 22 | check.
The
Department shall charge
the school district
or the | ||||||
| 23 | appropriate regional superintendent a fee for
conducting
such | ||||||
| 24 | check, which fee shall be deposited in the State
Police | ||||||
| 25 | Services Fund and shall not exceed the cost of
the inquiry; and | ||||||
| 26 | the
applicant shall not be charged a fee for
such check by the | ||||||
| |||||||
| |||||||
| 1 | school
district or by the regional superintendent, except that | ||||||
| 2 | those applicants seeking employment as a substitute teacher | ||||||
| 3 | with a school district may be charged a fee not to exceed the | ||||||
| 4 | cost of the inquiry. Subject to appropriations for these | ||||||
| 5 | purposes, the State Superintendent of Education shall | ||||||
| 6 | reimburse school districts and regional superintendents for | ||||||
| 7 | fees paid to obtain criminal history records checks under this | ||||||
| 8 | Section.
| ||||||
| 9 | (a-5) The school district or regional superintendent shall | ||||||
| 10 | further perform a check of the Statewide Sex Offender Database, | ||||||
| 11 | as authorized by the Sex Offender Community Notification Law, | ||||||
| 12 | for each applicant. The check of the Statewide Sex Offender | ||||||
| 13 | Database must be conducted by the school district or regional | ||||||
| 14 | superintendent once for every 5 years that an applicant remains | ||||||
| 15 | employed by the school district. | ||||||
| 16 | (a-6) The school district or regional superintendent shall | ||||||
| 17 | further perform a check of the Statewide Murderer and Violent | ||||||
| 18 | Offender Against Youth Database, as authorized by the Murderer | ||||||
| 19 | and Violent Offender Against Youth Community Notification Law, | ||||||
| 20 | for each applicant. The check of the Murderer and Violent | ||||||
| 21 | Offender Against Youth Database must be conducted by the school | ||||||
| 22 | district or regional superintendent once for every 5 years that | ||||||
| 23 | an applicant remains employed by the school district. | ||||||
| 24 | (b)
Any information
concerning the record of convictions | ||||||
| 25 | obtained by the president of the
school board or the regional | ||||||
| 26 | superintendent shall be confidential and may
only be | ||||||
| |||||||
| |||||||
| 1 | transmitted to the superintendent of the school district or his
| ||||||
| 2 | designee, the appropriate regional superintendent if
the check | ||||||
| 3 | was
requested by the school district, the presidents of the | ||||||
| 4 | appropriate school
boards if
the check was requested from the | ||||||
| 5 | Department of State
Police by the regional superintendent, the | ||||||
| 6 | State Board of Education and a school district as authorized | ||||||
| 7 | under subsection (b-5), the State Superintendent of
Education, | ||||||
| 8 | the State Educator Preparation and Licensure Board, any other | ||||||
| 9 | person
necessary to the decision of hiring the applicant for | ||||||
| 10 | employment, or for clarification purposes the Department of | ||||||
| 11 | State Police or Statewide Sex Offender Database, or both. A | ||||||
| 12 | copy
of the record of convictions obtained from the Department | ||||||
| 13 | of State Police
shall be provided to the applicant for | ||||||
| 14 | employment. Upon the check of the Statewide Sex Offender | ||||||
| 15 | Database or Statewide Murderer and Violent Offender Against | ||||||
| 16 | Youth Database, the school district or regional superintendent | ||||||
| 17 | shall notify an applicant as to whether or not the applicant | ||||||
| 18 | has been identified in the Database. If a check of
an applicant | ||||||
| 19 | for employment as a substitute or concurrent part-time teacher
| ||||||
| 20 | or concurrent educational support personnel employee in more | ||||||
| 21 | than one
school district was requested by the regional | ||||||
| 22 | superintendent, and the
Department of State Police upon a check | ||||||
| 23 | ascertains that the applicant
has not been convicted of any of | ||||||
| 24 | the enumerated criminal or drug offenses
in subsection (c) of | ||||||
| 25 | this Section
or has not been convicted, within 7 years of the
| ||||||
| 26 | application for
employment with the
school district, of any | ||||||
| |||||||
| |||||||
| 1 | other felony under the laws of this State or of any
offense | ||||||
| 2 | committed or attempted in any other state or against the laws | ||||||
| 3 | of
the United States that, if committed or attempted in this | ||||||
| 4 | State, would
have been punishable as a felony under the laws of | ||||||
| 5 | this State
and so notifies the regional
superintendent and if | ||||||
| 6 | the regional superintendent upon a check ascertains that the | ||||||
| 7 | applicant has not been identified in the Sex Offender Database | ||||||
| 8 | or Statewide Murderer and Violent Offender Against Youth | ||||||
| 9 | Database, then the
regional superintendent shall issue to the | ||||||
| 10 | applicant a certificate
evidencing that as of the date | ||||||
| 11 | specified by the Department of State Police
the applicant has | ||||||
| 12 | not been convicted of any of the enumerated criminal or
drug | ||||||
| 13 | offenses in subsection (c) of this Section
or has not been
| ||||||
| 14 | convicted, within 7 years of the application for employment | ||||||
| 15 | with the
school district, of any other felony under the laws of | ||||||
| 16 | this State or of any
offense committed or attempted in any | ||||||
| 17 | other state or against the laws of
the United States that, if | ||||||
| 18 | committed or attempted in this State, would
have been | ||||||
| 19 | punishable as a felony under the laws of this State and | ||||||
| 20 | evidencing that as of the date that the regional superintendent | ||||||
| 21 | conducted a check of the Statewide Sex Offender Database or | ||||||
| 22 | Statewide Murderer and Violent Offender Against Youth | ||||||
| 23 | Database, the applicant has not been identified in the | ||||||
| 24 | Database. The school
board of
any
school district
may rely on | ||||||
| 25 | the
certificate issued by any regional superintendent to that | ||||||
| 26 | substitute teacher, concurrent part-time teacher, or | ||||||
| |||||||
| |||||||
| 1 | concurrent educational support personnel employee or may
| ||||||
| 2 | initiate its own criminal history records check of the | ||||||
| 3 | applicant through the Department of
State Police and its own | ||||||
| 4 | check of the Statewide Sex Offender Database or Statewide | ||||||
| 5 | Murderer and Violent Offender Against Youth Database as | ||||||
| 6 | provided in this Section. Any unauthorized release of | ||||||
| 7 | confidential information may be a violation of Section 7 of the | ||||||
| 8 | Criminal Identification Act.
| ||||||
| 9 | (b-5) If a criminal history records check or check of the | ||||||
| 10 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
| 11 | Violent Offender Against Youth Database is performed by a | ||||||
| 12 | regional superintendent for an applicant seeking employment as | ||||||
| 13 | a substitute teacher with a school district, the regional | ||||||
| 14 | superintendent may disclose to the State Board of Education | ||||||
| 15 | whether the applicant has been issued a certificate under | ||||||
| 16 | subsection (b) based on those checks. If the State Board | ||||||
| 17 | receives information on an applicant under this subsection, | ||||||
| 18 | then it must indicate in the Educator Licensure Information | ||||||
| 19 | System for a 90-day period that the applicant has been issued | ||||||
| 20 | or has not been issued a certificate. | ||||||
| 21 | (c) No school board shall knowingly employ a person who has | ||||||
| 22 | been
convicted of any offense that would subject him or her to | ||||||
| 23 | license suspension or revocation pursuant to Section 21B-80 of | ||||||
| 24 | this Code, except as provided under subsection (b) of Section | ||||||
| 25 | 21B-80.
Further, no school board shall knowingly employ a | ||||||
| 26 | person who has been found
to be the perpetrator of sexual or | ||||||
| |||||||
| |||||||
| 1 | physical abuse of any minor under 18 years
of age pursuant to | ||||||
| 2 | proceedings under Article II of the Juvenile Court Act of
1987. | ||||||
| 3 | As a condition of employment, each school board must consider | ||||||
| 4 | the status of a person who has been issued an indicated finding | ||||||
| 5 | of abuse or neglect of a child by the Department of Children | ||||||
| 6 | and Family Services under the Abused and Neglected Child | ||||||
| 7 | Reporting Act or by a child welfare agency of another | ||||||
| 8 | jurisdiction.
| ||||||
| 9 | (d) No school board shall knowingly employ a person for | ||||||
| 10 | whom a criminal
history records check and a Statewide Sex | ||||||
| 11 | Offender Database check have has not been initiated.
| ||||||
| 12 | (e) If permissible by federal or State law, no later than | ||||||
| 13 | 15 business days after receipt of a record of conviction or of | ||||||
| 14 | checking the Statewide Murderer and Violent Offender Against | ||||||
| 15 | Youth Database or the Statewide Sex Offender Database and | ||||||
| 16 | finding a registration, the superintendent of the employing | ||||||
| 17 | school board or the applicable regional superintendent shall, | ||||||
| 18 | in writing, notify the State Superintendent of Education of any | ||||||
| 19 | license holder who has been convicted of a crime set forth in | ||||||
| 20 | Section 21B-80 of this Code. Upon receipt of the record of a | ||||||
| 21 | conviction of or a finding of child
abuse by a holder of any | ||||||
| 22 | license
issued pursuant to Article 21B or Section 34-8.1 or | ||||||
| 23 | 34-83 of the
School Code, the
State Superintendent of Education | ||||||
| 24 | may initiate licensure suspension
and revocation proceedings | ||||||
| 25 | as authorized by law. If the receipt of the record of | ||||||
| 26 | conviction or finding of child abuse is received within 6 | ||||||
| |||||||
| |||||||
| 1 | months after the initial grant of or renewal of a license, the | ||||||
| 2 | State Superintendent of Education may rescind the license | ||||||
| 3 | holder's license.
| ||||||
| 4 | (e-5) The superintendent of the employing school board | ||||||
| 5 | shall, in writing, notify the State Superintendent of Education | ||||||
| 6 | and the applicable regional superintendent of schools of any | ||||||
| 7 | license holder whom he or she has reasonable cause to believe | ||||||
| 8 | has committed an intentional act of abuse or neglect with the | ||||||
| 9 | result of making a child an abused child or a neglected child, | ||||||
| 10 | as defined in Section 3 of the Abused and Neglected Child | ||||||
| 11 | Reporting Act, and that act resulted in the license holder's | ||||||
| 12 | dismissal or resignation from the school district. This | ||||||
| 13 | notification must be submitted within 30 days after the | ||||||
| 14 | dismissal or resignation. The license holder must also be | ||||||
| 15 | contemporaneously sent a copy of the notice by the | ||||||
| 16 | superintendent. All correspondence, documentation, and other | ||||||
| 17 | information so received by the regional superintendent of | ||||||
| 18 | schools, the State Superintendent of Education, the State Board | ||||||
| 19 | of Education, or the State Educator Preparation and Licensure | ||||||
| 20 | Board under this subsection (e-5) is confidential and must not | ||||||
| 21 | be disclosed to third parties, except (i) as necessary for the | ||||||
| 22 | State Superintendent of Education or his or her designee to | ||||||
| 23 | investigate and prosecute pursuant to Article 21B of this Code, | ||||||
| 24 | (ii) pursuant to a court order, (iii) for disclosure to the | ||||||
| 25 | license holder or his or her representative, or (iv) as | ||||||
| 26 | otherwise provided in this Article and provided that any such | ||||||
| |||||||
| |||||||
| 1 | information admitted into evidence in a hearing is exempt from | ||||||
| 2 | this confidentiality and non-disclosure requirement. Except | ||||||
| 3 | for an act of willful or wanton misconduct, any superintendent | ||||||
| 4 | who provides notification as required in this subsection (e-5) | ||||||
| 5 | shall have immunity from any liability, whether civil or | ||||||
| 6 | criminal or that otherwise might result by reason of such | ||||||
| 7 | action. | ||||||
| 8 | (f) After January 1, 1990 the provisions of this Section | ||||||
| 9 | shall apply
to all employees of persons or firms holding | ||||||
| 10 | contracts with any school
district including, but not limited | ||||||
| 11 | to, food service workers, school bus
drivers and other | ||||||
| 12 | transportation employees, who have direct, daily contact
with | ||||||
| 13 | the pupils of any school in such district. For purposes of | ||||||
| 14 | criminal
history records checks and checks of the Statewide Sex | ||||||
| 15 | Offender Database on employees of persons or firms holding
| ||||||
| 16 | contracts with more than one school district and assigned to | ||||||
| 17 | more than one
school district, the regional superintendent of | ||||||
| 18 | the educational service
region in which the contracting school | ||||||
| 19 | districts are located may, at the
request of any such school | ||||||
| 20 | district, be responsible for receiving the
authorization for
a | ||||||
| 21 | criminal history records check prepared by each such employee | ||||||
| 22 | and
submitting the same to the Department of State Police and | ||||||
| 23 | for conducting a check of the Statewide Sex Offender Database | ||||||
| 24 | for each employee. Any information
concerning the record of | ||||||
| 25 | conviction and identification as a sex offender of any such | ||||||
| 26 | employee obtained by the
regional superintendent shall be | ||||||
| |||||||
| |||||||
| 1 | promptly reported to the president of the
appropriate school | ||||||
| 2 | board or school boards.
| ||||||
| 3 | (f-5) Upon request of a school or school district, any | ||||||
| 4 | information obtained by a school district pursuant to | ||||||
| 5 | subsection (f) of this Section within the last year must be | ||||||
| 6 | made available to the requesting school or school district. | ||||||
| 7 | (g) Prior to the commencement of any student teaching | ||||||
| 8 | experience or required internship (which is referred to as | ||||||
| 9 | student teaching in this Section) in the public schools, a | ||||||
| 10 | student teacher is required to authorize a fingerprint-based | ||||||
| 11 | criminal history records check. Authorization for and payment | ||||||
| 12 | of the costs of the check must be furnished by the student | ||||||
| 13 | teacher to the school district where the student teaching is to | ||||||
| 14 | be completed. Upon receipt of this authorization and payment, | ||||||
| 15 | the school district shall submit the student teacher's name, | ||||||
| 16 | sex, race, date of birth, social security number, fingerprint | ||||||
| 17 | images, and other identifiers, as prescribed by the Department | ||||||
| 18 | of State Police, to the Department of State Police. The | ||||||
| 19 | Department of State Police and the Federal Bureau of | ||||||
| 20 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
| 21 | criminal history records check, records of convictions, | ||||||
| 22 | forever and hereinafter, until expunged, to the president of | ||||||
| 23 | the school board for the school district that requested the | ||||||
| 24 | check. The Department shall charge the school district a fee | ||||||
| 25 | for conducting the check, which fee must not exceed the cost of | ||||||
| 26 | the inquiry and must be deposited into the State Police | ||||||
| |||||||
| |||||||
| 1 | Services Fund. The school district shall further perform a | ||||||
| 2 | check of the Statewide Sex Offender Database, as authorized by | ||||||
| 3 | the Sex Offender Community Notification Law, and of the | ||||||
| 4 | Statewide Murderer and Violent Offender Against Youth | ||||||
| 5 | Database, as authorized by the Murderer and Violent Offender | ||||||
| 6 | Against Youth Registration Act, for each student teacher. No | ||||||
| 7 | school board may knowingly allow a person to student teach for | ||||||
| 8 | whom a criminal history records check, a Statewide Sex Offender | ||||||
| 9 | Database check, and a Statewide Murderer and Violent Offender | ||||||
| 10 | Against Youth Database check have not been completed and | ||||||
| 11 | reviewed by the district. | ||||||
| 12 | A copy of the record of convictions obtained from the | ||||||
| 13 | Department of State Police must be provided to the student | ||||||
| 14 | teacher. Any information concerning the record of convictions | ||||||
| 15 | obtained by the president of the school board is confidential | ||||||
| 16 | and may only be transmitted to the superintendent of the school | ||||||
| 17 | district or his or her designee, the State Superintendent of | ||||||
| 18 | Education, the State Educator Preparation and Licensure Board, | ||||||
| 19 | or, for clarification purposes, the Department of State Police | ||||||
| 20 | or the Statewide Sex Offender Database or Statewide Murderer | ||||||
| 21 | and Violent Offender Against Youth Database. Any unauthorized | ||||||
| 22 | release of confidential information may be a violation of | ||||||
| 23 | Section 7 of the Criminal Identification Act. | ||||||
| 24 | No school board shall knowingly allow a person to student | ||||||
| 25 | teach who has been convicted of any offense that would subject | ||||||
| 26 | him or her to license suspension or revocation pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
| 2 | provided under subsection (b) of Section 21B-80. Further, no | ||||||
| 3 | school board shall allow a person to student teach if he or she | ||||||
| 4 | has been found to be the perpetrator of sexual or physical | ||||||
| 5 | abuse of a minor under 18 years of age pursuant to proceedings | ||||||
| 6 | under Article II of the Juvenile Court Act of 1987. Each school | ||||||
| 7 | board must consider the status of a person to student teach who | ||||||
| 8 | has been issued an indicated finding of abuse or neglect of a | ||||||
| 9 | child by the Department of Children and Family Services under | ||||||
| 10 | the Abused and Neglected Child Reporting Act or by a child | ||||||
| 11 | welfare agency of another jurisdiction. | ||||||
| 12 | (h) (Blank). | ||||||
| 13 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
| 14 | revised 12-3-19.)
| ||||||
| 15 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| ||||||
| 16 | Sec. 14-8.02. Identification, evaluation, and placement of | ||||||
| 17 | children.
| ||||||
| 18 | (a) The State Board of Education shall make rules under | ||||||
| 19 | which local school
boards shall determine the eligibility of | ||||||
| 20 | children to receive special
education. Such rules shall ensure | ||||||
| 21 | that a free appropriate public
education be available to all | ||||||
| 22 | children with disabilities as
defined in
Section 14-1.02. The | ||||||
| 23 | State Board of Education shall require local school
districts | ||||||
| 24 | to administer non-discriminatory procedures or tests to
| ||||||
| 25 | English learners coming from homes in which a language
other | ||||||
| |||||||
| |||||||
| 1 | than English is used to determine their eligibility to receive | ||||||
| 2 | special
education. The placement of low English proficiency | ||||||
| 3 | students in special
education programs and facilities shall be | ||||||
| 4 | made in accordance with the test
results reflecting the | ||||||
| 5 | student's linguistic, cultural and special education
needs. | ||||||
| 6 | For purposes of determining the eligibility of children the | ||||||
| 7 | State
Board of Education shall include in the rules definitions | ||||||
| 8 | of "case study",
"staff conference", "individualized | ||||||
| 9 | educational program", and "qualified
specialist" appropriate | ||||||
| 10 | to each category of children with
disabilities as defined in
| ||||||
| 11 | this Article. For purposes of determining the eligibility of | ||||||
| 12 | children from
homes in which a language other than English is | ||||||
| 13 | used, the State Board of
Education shall include in the rules
| ||||||
| 14 | definitions for "qualified bilingual specialists" and | ||||||
| 15 | "linguistically and
culturally appropriate individualized | ||||||
| 16 | educational programs". For purposes of this
Section, as well as | ||||||
| 17 | Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
| ||||||
| 18 | "parent" means a parent as defined in the federal Individuals | ||||||
| 19 | with Disabilities Education Act (20 U.S.C. 1401(23)).
| ||||||
| 20 | (b) No child shall be eligible for special education | ||||||
| 21 | facilities except
with a carefully completed case study fully | ||||||
| 22 | reviewed by professional
personnel in a multidisciplinary | ||||||
| 23 | staff conference and only upon the
recommendation of qualified | ||||||
| 24 | specialists or a qualified bilingual specialist, if
available. | ||||||
| 25 | At the conclusion of the multidisciplinary staff conference, | ||||||
| 26 | the
parent of the child shall be given a copy of the | ||||||
| |||||||
| |||||||
| 1 | multidisciplinary
conference summary report and | ||||||
| 2 | recommendations, which includes options
considered, and be | ||||||
| 3 | informed of his or her their right to obtain an independent | ||||||
| 4 | educational
evaluation if he or she disagrees they disagree | ||||||
| 5 | with the evaluation findings conducted or obtained
by the | ||||||
| 6 | school district. If the school district's evaluation is shown | ||||||
| 7 | to be
inappropriate, the school district shall reimburse the | ||||||
| 8 | parent for the cost of
the independent evaluation. The State | ||||||
| 9 | Board of Education shall, with advice
from the State Advisory | ||||||
| 10 | Council on Education of Children with
Disabilities on the
| ||||||
| 11 | inclusion of specific independent educational evaluators, | ||||||
| 12 | prepare a list of
suggested independent educational | ||||||
| 13 | evaluators. The State Board of Education
shall include on the | ||||||
| 14 | list clinical psychologists licensed pursuant to the
Clinical | ||||||
| 15 | Psychologist Licensing Act. Such psychologists shall not be | ||||||
| 16 | paid fees
in excess of the amount that would be received by a | ||||||
| 17 | school psychologist for
performing the same services. The State | ||||||
| 18 | Board of Education shall supply school
districts with such list | ||||||
| 19 | and make the list available to parents at their
request. School | ||||||
| 20 | districts shall make the list available to parents at the time
| ||||||
| 21 | they are informed of their right to obtain an independent | ||||||
| 22 | educational
evaluation. However, the school district may | ||||||
| 23 | initiate an impartial
due process hearing under this Section | ||||||
| 24 | within 5 days of any written parent
request for an independent | ||||||
| 25 | educational evaluation to show that
its evaluation is | ||||||
| 26 | appropriate. If the final decision is that the evaluation
is | ||||||
| |||||||
| |||||||
| 1 | appropriate, the parent still has a right to an independent | ||||||
| 2 | educational
evaluation, but not at public expense. An | ||||||
| 3 | independent educational
evaluation at public expense must be | ||||||
| 4 | completed within 30 days of a parent
written request unless the | ||||||
| 5 | school district initiates an
impartial due process hearing or | ||||||
| 6 | the parent or school district
offers reasonable grounds to show | ||||||
| 7 | that such 30-day 30 day time period should be
extended. If the | ||||||
| 8 | due process hearing decision indicates that the parent is | ||||||
| 9 | entitled to an independent educational evaluation, it must be
| ||||||
| 10 | completed within 30 days of the decision unless the parent or
| ||||||
| 11 | the school district offers reasonable grounds to show that such | ||||||
| 12 | 30-day 30 day
period should be extended. If a parent disagrees | ||||||
| 13 | with the summary report or
recommendations of the | ||||||
| 14 | multidisciplinary conference or the findings of any
| ||||||
| 15 | educational evaluation which results therefrom, the school
| ||||||
| 16 | district shall not proceed with a placement based upon such | ||||||
| 17 | evaluation and
the child shall remain in his or her regular | ||||||
| 18 | classroom setting.
No child shall be eligible for admission to | ||||||
| 19 | a
special class for children with a mental disability who are | ||||||
| 20 | educable or for children with a mental disability who are | ||||||
| 21 | trainable except with a psychological evaluation
and
| ||||||
| 22 | recommendation by a school psychologist. Consent shall be | ||||||
| 23 | obtained from
the parent of a child before any evaluation is | ||||||
| 24 | conducted.
If consent is not given by the parent or if the | ||||||
| 25 | parent disagrees with the findings of the evaluation, then the | ||||||
| 26 | school
district may initiate an impartial due process hearing | ||||||
| |||||||
| |||||||
| 1 | under this Section.
The school district may evaluate the child | ||||||
| 2 | if that is the decision
resulting from the impartial due | ||||||
| 3 | process hearing and the decision is not
appealed or if the | ||||||
| 4 | decision is affirmed on appeal.
The determination of | ||||||
| 5 | eligibility shall be made and the IEP meeting shall be | ||||||
| 6 | completed within 60 school days
from the date of written | ||||||
| 7 | parental consent. In those instances when written parental | ||||||
| 8 | consent is obtained with fewer than 60 pupil attendance days | ||||||
| 9 | left in the school year,
the eligibility determination shall be | ||||||
| 10 | made and the IEP meeting shall be completed prior to the first | ||||||
| 11 | day of the
following school year. Special education and related | ||||||
| 12 | services must be provided in accordance with the student's IEP | ||||||
| 13 | no later than 10 school attendance days after notice is | ||||||
| 14 | provided to the parents pursuant to Section 300.503 of Title 34 | ||||||
| 15 | of the Code of Federal Regulations and implementing rules | ||||||
| 16 | adopted by the State Board of Education. The appropriate
| ||||||
| 17 | program pursuant to the individualized educational program of | ||||||
| 18 | students
whose native tongue is a language other than English | ||||||
| 19 | shall reflect the
special education, cultural and linguistic | ||||||
| 20 | needs. No later than September
1, 1993, the State Board of | ||||||
| 21 | Education shall establish standards for the
development, | ||||||
| 22 | implementation and monitoring of appropriate bilingual special
| ||||||
| 23 | individualized educational programs. The State Board of | ||||||
| 24 | Education shall
further incorporate appropriate monitoring | ||||||
| 25 | procedures to verify implementation
of these standards. The | ||||||
| 26 | district shall indicate to the parent and
the State Board of | ||||||
| |||||||
| |||||||
| 1 | Education the nature of the services the child will receive
for | ||||||
| 2 | the regular school term while waiting placement in the | ||||||
| 3 | appropriate special
education class. At the child's initial IEP | ||||||
| 4 | meeting and at each annual review meeting, the child's IEP team | ||||||
| 5 | shall provide the child's parent or guardian with a written | ||||||
| 6 | notification that informs the parent or guardian that the IEP | ||||||
| 7 | team is required to consider whether the child requires | ||||||
| 8 | assistive technology in order to receive free, appropriate | ||||||
| 9 | public education. The notification must also include a | ||||||
| 10 | toll-free telephone number and internet address for the State's | ||||||
| 11 | assistive technology program.
| ||||||
| 12 | If the child is deaf, hard of hearing, blind, or visually | ||||||
| 13 | impaired and
he or she might be eligible to receive services | ||||||
| 14 | from the Illinois School for
the Deaf or the Illinois School | ||||||
| 15 | for the Visually Impaired, the school
district shall notify the | ||||||
| 16 | parents, in writing, of the existence of
these schools
and the | ||||||
| 17 | services
they provide and shall make a reasonable effort to | ||||||
| 18 | inform the parents of the existence of other, local schools | ||||||
| 19 | that provide similar services and the services that these other | ||||||
| 20 | schools provide. This notification
shall
include without | ||||||
| 21 | limitation information on school services, school
admissions | ||||||
| 22 | criteria, and school contact information.
| ||||||
| 23 | In the development of the individualized education program | ||||||
| 24 | for a student who has a disability on the autism spectrum | ||||||
| 25 | (which includes autistic disorder, Asperger's disorder, | ||||||
| 26 | pervasive developmental disorder not otherwise specified, | ||||||
| |||||||
| |||||||
| 1 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
| 2 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
| 3 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
| 4 | consider all of the following factors: | ||||||
| 5 | (1) The verbal and nonverbal communication needs of the | ||||||
| 6 | child. | ||||||
| 7 | (2) The need to develop social interaction skills and | ||||||
| 8 | proficiencies. | ||||||
| 9 | (3) The needs resulting from the child's unusual | ||||||
| 10 | responses to sensory experiences. | ||||||
| 11 | (4) The needs resulting from resistance to | ||||||
| 12 | environmental change or change in daily routines. | ||||||
| 13 | (5) The needs resulting from engagement in repetitive | ||||||
| 14 | activities and stereotyped movements. | ||||||
| 15 | (6) The need for any positive behavioral | ||||||
| 16 | interventions, strategies, and supports to address any | ||||||
| 17 | behavioral difficulties resulting from autism spectrum | ||||||
| 18 | disorder. | ||||||
| 19 | (7) Other needs resulting from the child's disability | ||||||
| 20 | that impact progress in the general curriculum, including | ||||||
| 21 | social and emotional development. | ||||||
| 22 | Public Act 95-257
does not create any new entitlement to a | ||||||
| 23 | service, program, or benefit, but must not affect any | ||||||
| 24 | entitlement to a service, program, or benefit created by any | ||||||
| 25 | other law.
| ||||||
| 26 | If the student may be eligible to participate in the | ||||||
| |||||||
| |||||||
| 1 | Home-Based Support
Services Program for Adults with Mental | ||||||
| 2 | Disabilities authorized under the
Developmental Disability and | ||||||
| 3 | Mental Disability Services Act upon becoming an
adult, the | ||||||
| 4 | student's individualized education program shall include plans | ||||||
| 5 | for
(i) determining the student's eligibility for those | ||||||
| 6 | home-based services, (ii)
enrolling the student in the program | ||||||
| 7 | of home-based services, and (iii)
developing a plan for the | ||||||
| 8 | student's most effective use of the home-based
services after | ||||||
| 9 | the student becomes an adult and no longer receives special
| ||||||
| 10 | educational services under this Article. The plans developed | ||||||
| 11 | under this
paragraph shall include specific actions to be taken | ||||||
| 12 | by specified individuals,
agencies, or officials.
| ||||||
| 13 | (c) In the development of the individualized education | ||||||
| 14 | program for a
student who is functionally blind, it shall be | ||||||
| 15 | presumed that proficiency in
Braille reading and writing is | ||||||
| 16 | essential for the student's satisfactory
educational progress. | ||||||
| 17 | For purposes of this subsection, the State Board of
Education | ||||||
| 18 | shall determine the criteria for a student to be classified as
| ||||||
| 19 | functionally blind. Students who are not currently identified | ||||||
| 20 | as
functionally blind who are also entitled to Braille | ||||||
| 21 | instruction include:
(i) those whose vision loss is so severe | ||||||
| 22 | that they are unable to read and
write at a level comparable to | ||||||
| 23 | their peers solely through the use of
vision, and (ii) those | ||||||
| 24 | who show evidence of progressive vision loss that
may result in | ||||||
| 25 | functional blindness. Each student who is functionally blind
| ||||||
| 26 | shall be entitled to Braille reading and writing instruction | ||||||
| |||||||
| |||||||
| 1 | that is
sufficient to enable the student to communicate with | ||||||
| 2 | the same level of
proficiency as other students of comparable | ||||||
| 3 | ability. Instruction should be
provided to the extent that the | ||||||
| 4 | student is physically and cognitively able
to use Braille. | ||||||
| 5 | Braille instruction may be used in combination with other
| ||||||
| 6 | special education services appropriate to the student's | ||||||
| 7 | educational needs.
The assessment of each student who is | ||||||
| 8 | functionally blind for the purpose of
developing the student's | ||||||
| 9 | individualized education program shall include
documentation | ||||||
| 10 | of the student's strengths and weaknesses in Braille skills.
| ||||||
| 11 | Each person assisting in the development of the individualized | ||||||
| 12 | education
program for a student who is functionally blind shall | ||||||
| 13 | receive information
describing the benefits of Braille | ||||||
| 14 | instruction. The individualized
education program for each | ||||||
| 15 | student who is functionally blind shall
specify the appropriate | ||||||
| 16 | learning medium or media based on the assessment
report.
| ||||||
| 17 | (d) To the maximum extent appropriate, the placement shall | ||||||
| 18 | provide the
child with the opportunity to be educated with | ||||||
| 19 | children who do not have a disability; provided that children | ||||||
| 20 | with
disabilities who are recommended to be
placed into regular | ||||||
| 21 | education classrooms are provided with supplementary
services | ||||||
| 22 | to assist the children with disabilities to benefit
from the | ||||||
| 23 | regular
classroom instruction and are included on the teacher's | ||||||
| 24 | regular education class
register. Subject to the limitation of | ||||||
| 25 | the preceding sentence, placement in
special classes, separate | ||||||
| 26 | schools or other removal of the child with a disability
from | ||||||
| |||||||
| |||||||
| 1 | the regular educational environment shall occur only when the | ||||||
| 2 | nature of
the severity of the disability is such that education | ||||||
| 3 | in the
regular classes with
the use of supplementary aids and | ||||||
| 4 | services cannot be achieved satisfactorily.
The placement of | ||||||
| 5 | English learners with disabilities shall
be in non-restrictive | ||||||
| 6 | environments which provide for integration with
peers who do | ||||||
| 7 | not have disabilities in bilingual classrooms. Annually, each | ||||||
| 8 | January, school districts shall report data on students from | ||||||
| 9 | non-English
speaking backgrounds receiving special education | ||||||
| 10 | and related services in
public and private facilities as | ||||||
| 11 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
| 12 | between parties involved regarding the special education
| ||||||
| 13 | placement of any child, either in-state or out-of-state, the | ||||||
| 14 | placement is
subject to impartial due process procedures | ||||||
| 15 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
| 16 | the Administration and Operation of Special
Education.
| ||||||
| 17 | (e) No child who comes from a home in which a language | ||||||
| 18 | other than English
is the principal language used may be | ||||||
| 19 | assigned to any class or program
under this Article until he | ||||||
| 20 | has been given, in the principal language
used by the child and | ||||||
| 21 | used in his home, tests reasonably related to his
cultural | ||||||
| 22 | environment. All testing and evaluation materials and | ||||||
| 23 | procedures
utilized for evaluation and placement shall not be | ||||||
| 24 | linguistically, racially or
culturally discriminatory.
| ||||||
| 25 | (f) Nothing in this Article shall be construed to require | ||||||
| 26 | any child to
undergo any physical examination or medical | ||||||
| |||||||
| |||||||
| 1 | treatment whose parents object thereto on the grounds that such | ||||||
| 2 | examination or
treatment conflicts with his religious beliefs.
| ||||||
| 3 | (g) School boards or their designee shall provide to the | ||||||
| 4 | parents of a child prior written notice of any decision (a) | ||||||
| 5 | proposing
to initiate or change, or (b) refusing to initiate or | ||||||
| 6 | change, the
identification, evaluation, or educational | ||||||
| 7 | placement of the child or the
provision of a free appropriate | ||||||
| 8 | public education to their child, and the
reasons therefor. Such | ||||||
| 9 | written notification shall also inform the
parent of the | ||||||
| 10 | opportunity to present complaints with respect
to any matter | ||||||
| 11 | relating to the educational placement of the student, or
the | ||||||
| 12 | provision of a free appropriate public education and to have an
| ||||||
| 13 | impartial due process hearing on the complaint. The notice | ||||||
| 14 | shall inform
the parents in the parents' native language,
| ||||||
| 15 | unless it is clearly not feasible to do so, of their rights and | ||||||
| 16 | all
procedures available pursuant to this Act and the federal | ||||||
| 17 | Individuals with Disabilities Education Improvement Act of | ||||||
| 18 | 2004 (Public Law 108-446); it
shall be the responsibility of | ||||||
| 19 | the State Superintendent to develop
uniform notices setting | ||||||
| 20 | forth the procedures available under this Act
and the federal | ||||||
| 21 | Individuals with Disabilities Education Improvement Act of | ||||||
| 22 | 2004 (Public Law 108-446) to be used by all school boards. The | ||||||
| 23 | notice
shall also inform the parents of the availability upon
| ||||||
| 24 | request of a list of free or low-cost legal and other relevant | ||||||
| 25 | services
available locally to assist parents in initiating an
| ||||||
| 26 | impartial due process hearing. The State Superintendent shall | ||||||
| |||||||
| |||||||
| 1 | revise the uniform notices required by this subsection (g) to | ||||||
| 2 | reflect current law and procedures at least once every 2 years. | ||||||
| 3 | Any parent who is deaf, or
does not normally communicate using | ||||||
| 4 | spoken English, who participates in
a meeting with a | ||||||
| 5 | representative of a local educational agency for the
purposes | ||||||
| 6 | of developing an individualized educational program shall be
| ||||||
| 7 | entitled to the services of an interpreter. The State Board of | ||||||
| 8 | Education must adopt rules to establish the criteria, | ||||||
| 9 | standards, and competencies for a bilingual language | ||||||
| 10 | interpreter who attends an individualized education program | ||||||
| 11 | meeting under this subsection to assist a parent who has | ||||||
| 12 | limited English proficiency.
| ||||||
| 13 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
| 14 | professional" means an individual who holds credentials to | ||||||
| 15 | evaluate the child in the domain or domains for which an | ||||||
| 16 | evaluation is sought or an intern working under the direct | ||||||
| 17 | supervision of a qualified professional, including a master's | ||||||
| 18 | or doctoral degree candidate. | ||||||
| 19 | To ensure that a parent can participate fully and | ||||||
| 20 | effectively with school personnel in the development of | ||||||
| 21 | appropriate educational and related services for his or her | ||||||
| 22 | child, the parent, an independent educational evaluator, or a | ||||||
| 23 | qualified professional retained by or on behalf of a parent or | ||||||
| 24 | child must be afforded reasonable access to educational | ||||||
| 25 | facilities, personnel, classrooms, and buildings and to the | ||||||
| 26 | child as provided in this subsection (g-5). The requirements of | ||||||
| |||||||
| |||||||
| 1 | this subsection (g-5) apply to any public school facility, | ||||||
| 2 | building, or program and to any facility, building, or program | ||||||
| 3 | supported in whole or in part by public funds. Prior to | ||||||
| 4 | visiting a school, school building, or school facility, the | ||||||
| 5 | parent, independent educational evaluator, or qualified | ||||||
| 6 | professional may be required by the school district to inform | ||||||
| 7 | the building principal or supervisor in writing of the proposed | ||||||
| 8 | visit, the purpose of the visit, and the approximate duration | ||||||
| 9 | of the visit. The visitor and the school district shall arrange | ||||||
| 10 | the visit or visits at times that are mutually agreeable. | ||||||
| 11 | Visitors shall comply with school safety, security, and | ||||||
| 12 | visitation policies at all times. School district visitation | ||||||
| 13 | policies must not conflict with this subsection (g-5). Visitors | ||||||
| 14 | shall be required to comply with the requirements of applicable | ||||||
| 15 | privacy laws, including those laws protecting the | ||||||
| 16 | confidentiality of education records such as the federal Family | ||||||
| 17 | Educational Rights and Privacy Act and the Illinois School | ||||||
| 18 | Student Records Act. The visitor shall not disrupt the | ||||||
| 19 | educational process. | ||||||
| 20 | (1) A parent must be afforded reasonable access of | ||||||
| 21 | sufficient duration and scope for the purpose of observing | ||||||
| 22 | his or her child in the child's current educational | ||||||
| 23 | placement, services, or program or for the purpose of | ||||||
| 24 | visiting an educational placement or program proposed for | ||||||
| 25 | the child. | ||||||
| 26 | (2) An independent educational evaluator or a | ||||||
| |||||||
| |||||||
| 1 | qualified professional retained by or on behalf of a parent | ||||||
| 2 | or child must be afforded reasonable access of sufficient | ||||||
| 3 | duration and scope for the purpose of conducting an | ||||||
| 4 | evaluation of the child, the child's performance, the | ||||||
| 5 | child's current educational program, placement, services, | ||||||
| 6 | or environment, or any educational program, placement, | ||||||
| 7 | services, or environment proposed for the child, including | ||||||
| 8 | interviews of educational personnel, child observations, | ||||||
| 9 | assessments, tests or assessments of the child's | ||||||
| 10 | educational program, services, or placement or of any | ||||||
| 11 | proposed educational program, services, or placement. If | ||||||
| 12 | one or more interviews of school personnel are part of the | ||||||
| 13 | evaluation, the interviews must be conducted at a mutually | ||||||
| 14 | agreed upon time, date, and place that do not interfere | ||||||
| 15 | with the school employee's school duties. The school | ||||||
| 16 | district may limit interviews to personnel having | ||||||
| 17 | information relevant to the child's current educational | ||||||
| 18 | services, program, or placement or to a proposed | ||||||
| 19 | educational service, program, or placement. | ||||||
| 20 | (h) (Blank).
| ||||||
| 21 | (i) (Blank).
| ||||||
| 22 | (j) (Blank).
| ||||||
| 23 | (k) (Blank).
| ||||||
| 24 | (l) (Blank).
| ||||||
| 25 | (m) (Blank).
| ||||||
| 26 | (n) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (o) (Blank).
| ||||||
| 2 | (Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18; | ||||||
| 3 | 100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
| ||||||
| 4 | (105 ILCS 5/18-8.15) | ||||||
| 5 | Sec. 18-8.15. Evidence-Based Funding Evidence-based | ||||||
| 6 | funding for student success for the 2017-2018 and subsequent | ||||||
| 7 | school years. | ||||||
| 8 | (a) General provisions. | ||||||
| 9 | (1) The purpose of this Section is to ensure that, by | ||||||
| 10 | June 30, 2027 and beyond, this State has a kindergarten | ||||||
| 11 | through grade 12 public education system with the capacity | ||||||
| 12 | to ensure the educational development of all persons to the | ||||||
| 13 | limits of their capacities in accordance with Section 1 of | ||||||
| 14 | Article X of the Constitution of the State of Illinois. To | ||||||
| 15 | accomplish that objective, this Section creates a method of | ||||||
| 16 | funding public education that is evidence-based; is | ||||||
| 17 | sufficient to ensure every student receives a meaningful | ||||||
| 18 | opportunity to learn irrespective of race, ethnicity, | ||||||
| 19 | sexual orientation, gender, or community-income level; and | ||||||
| 20 | is sustainable and predictable. When fully funded under | ||||||
| 21 | this Section, every school shall have the resources, based | ||||||
| 22 | on what the evidence indicates is needed, to: | ||||||
| 23 | (A) provide all students with a high quality | ||||||
| 24 | education that offers the academic, enrichment, social | ||||||
| 25 | and emotional support, technical, and career-focused | ||||||
| |||||||
| |||||||
| 1 | programs that will allow them to become competitive | ||||||
| 2 | workers, responsible parents, productive citizens of | ||||||
| 3 | this State, and active members of our national | ||||||
| 4 | democracy; | ||||||
| 5 | (B) ensure all students receive the education they | ||||||
| 6 | need to graduate from high school with the skills | ||||||
| 7 | required to pursue post-secondary education and | ||||||
| 8 | training for a rewarding career; | ||||||
| 9 | (C) reduce, with a goal of eliminating, the | ||||||
| 10 | achievement gap between at-risk and non-at-risk | ||||||
| 11 | students by raising the performance of at-risk | ||||||
| 12 | students and not by reducing standards; and | ||||||
| 13 | (D) ensure this State satisfies its obligation to | ||||||
| 14 | assume the primary responsibility to fund public | ||||||
| 15 | education and simultaneously relieve the | ||||||
| 16 | disproportionate burden placed on local property taxes | ||||||
| 17 | to fund schools. | ||||||
| 18 | (2) The Evidence-Based Funding evidence-based funding | ||||||
| 19 | formula under this Section shall be applied to all | ||||||
| 20 | Organizational Units in this State. The Evidence-Based | ||||||
| 21 | Funding evidence-based funding formula outlined in this | ||||||
| 22 | Act is based on the formula outlined in Senate Bill 1 of | ||||||
| 23 | the 100th General Assembly, as passed by both legislative | ||||||
| 24 | chambers. As further defined and described in this Section, | ||||||
| 25 | there are 4 major components of the Evidence-Based Funding | ||||||
| 26 | evidence-based funding model: | ||||||
| |||||||
| |||||||
| 1 | (A) First, the model calculates a unique Adequacy | ||||||
| 2 | Target adequacy target for each Organizational Unit in | ||||||
| 3 | this State that considers the costs to implement | ||||||
| 4 | research-based activities, the unit's student | ||||||
| 5 | demographics, and regional wage differences | ||||||
| 6 | difference. | ||||||
| 7 | (B) Second, the model calculates each | ||||||
| 8 | Organizational Unit's Local Capacity local capacity, | ||||||
| 9 | or the amount each Organizational Unit is assumed to | ||||||
| 10 | contribute toward towards its Adequacy Target adequacy | ||||||
| 11 | target from local resources. | ||||||
| 12 | (C) Third, the model calculates how much funding | ||||||
| 13 | the State currently contributes to the Organizational | ||||||
| 14 | Unit, and adds that to the unit's Local Capacity local | ||||||
| 15 | capacity to determine the unit's overall current | ||||||
| 16 | adequacy of funding. | ||||||
| 17 | (D) Finally, the model's distribution method | ||||||
| 18 | allocates new State funding to those Organizational | ||||||
| 19 | Units that are least well-funded, considering both | ||||||
| 20 | Local Capacity local capacity and State funding, in | ||||||
| 21 | relation to their Adequacy Target adequacy target. | ||||||
| 22 | (3) An Organizational Unit receiving any funding under | ||||||
| 23 | this Section may apply those funds to any fund so received | ||||||
| 24 | for which that Organizational Unit is authorized to make | ||||||
| 25 | expenditures by law. | ||||||
| 26 | (4) As used in this Section, the following terms shall | ||||||
| |||||||
| |||||||
| 1 | have the meanings ascribed in this paragraph (4): | ||||||
| 2 | "Adequacy Target" is defined in paragraph (1) of | ||||||
| 3 | subsection (b) of this Section. | ||||||
| 4 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
| 5 | subsection (d) of this Section. | ||||||
| 6 | "Adjusted Local Capacity Target" is defined in | ||||||
| 7 | paragraph (3) of subsection (c) of this Section. | ||||||
| 8 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
| 9 | Organizational Units, for which the State Superintendent | ||||||
| 10 | shall calculate and subtract for the Operating Tax Rate a | ||||||
| 11 | transportation rate based on total expenses for | ||||||
| 12 | transportation services under this Code, as reported on the | ||||||
| 13 | most recent Annual Financial Report in Pupil | ||||||
| 14 | Transportation Services, function 2550 in both the | ||||||
| 15 | Education and Transportation funds and functions 4110 and | ||||||
| 16 | 4120 in the Transportation fund, less any corresponding | ||||||
| 17 | fiscal year State of Illinois scheduled payments excluding | ||||||
| 18 | net adjustments for prior years for regular, vocational, or | ||||||
| 19 | special education transportation reimbursement pursuant to | ||||||
| 20 | Section 29-5 or subsection (b) of Section 14-13.01 of this | ||||||
| 21 | Code divided by the Adjusted EAV. If an Organizational | ||||||
| 22 | Unit's corresponding fiscal year State of Illinois | ||||||
| 23 | scheduled payments excluding net adjustments for prior | ||||||
| 24 | years for regular, vocational, or special education | ||||||
| 25 | transportation reimbursement pursuant to Section 29-5 or | ||||||
| 26 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
| |||||||
| |||||||
| 1 | total transportation expenses, as defined in this | ||||||
| 2 | paragraph, no transportation rate shall be subtracted from | ||||||
| 3 | the Operating Tax Rate. | ||||||
| 4 | "Allocation Rate" is defined in paragraph (3) of | ||||||
| 5 | subsection (g) of this Section. | ||||||
| 6 | "Alternative School" means a public school that is | ||||||
| 7 | created and operated by a regional superintendent of | ||||||
| 8 | schools and approved by the State Board. | ||||||
| 9 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
| 10 | subsection (d) of this Section. | ||||||
| 11 | "Assessment" means any of those benchmark, progress | ||||||
| 12 | monitoring, formative, diagnostic, and other assessments, | ||||||
| 13 | in addition to the State accountability assessment, that | ||||||
| 14 | assist teachers' needs in understanding the skills and | ||||||
| 15 | meeting the needs of the students they serve. | ||||||
| 16 | "Assistant principal" means a school administrator | ||||||
| 17 | duly endorsed to be employed as an assistant principal in | ||||||
| 18 | this State. | ||||||
| 19 | "At-risk student" means a student who is at risk of not | ||||||
| 20 | meeting the Illinois Learning Standards or not graduating | ||||||
| 21 | from elementary or high school and who demonstrates a need | ||||||
| 22 | for vocational support or social services beyond that | ||||||
| 23 | provided by the regular school program. All students | ||||||
| 24 | included in an Organizational Unit's Low-Income Count, as | ||||||
| 25 | well as all English learner and disabled students attending | ||||||
| 26 | the Organizational Unit, shall be considered at-risk | ||||||
| |||||||
| |||||||
| 1 | students under this Section. | ||||||
| 2 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
| 3 | 2018 means, for an Organizational Unit, the greater of the | ||||||
| 4 | average number of students (grades K through 12) reported | ||||||
| 5 | to the State Board as enrolled in the Organizational Unit | ||||||
| 6 | on October 1 in the immediately preceding school year, plus | ||||||
| 7 | the pre-kindergarten students who receive special | ||||||
| 8 | education services of 2 or more hours a day as reported to | ||||||
| 9 | the State Board on December 1 in the immediately preceding | ||||||
| 10 | school year, or the average number of students (grades K | ||||||
| 11 | through 12) reported to the State Board as enrolled in the | ||||||
| 12 | Organizational Unit on October 1, plus the | ||||||
| 13 | pre-kindergarten students who receive special education | ||||||
| 14 | services of 2 or more hours a day as reported to the State | ||||||
| 15 | Board on December 1, for each of the immediately preceding | ||||||
| 16 | 3 school years. For fiscal year 2019 and each subsequent | ||||||
| 17 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
| 18 | for an Organizational Unit, the greater of the average | ||||||
| 19 | number of students (grades K through 12) reported to the | ||||||
| 20 | State Board as enrolled in the Organizational Unit on | ||||||
| 21 | October 1 and March 1 in the immediately preceding school | ||||||
| 22 | year, plus the pre-kindergarten students who receive | ||||||
| 23 | special education services as reported to the State Board | ||||||
| 24 | on October 1 and March 1 in the immediately preceding | ||||||
| 25 | school year, or the average number of students (grades K | ||||||
| 26 | through 12) reported to the State Board as enrolled in the | ||||||
| |||||||
| |||||||
| 1 | Organizational Unit on October 1 and March 1, plus the | ||||||
| 2 | pre-kindergarten students who receive special education | ||||||
| 3 | services as reported to the State Board on October 1 and | ||||||
| 4 | March 1, for each of the immediately preceding 3 school | ||||||
| 5 | years. For the purposes of this definition, "enrolled in | ||||||
| 6 | the Organizational Unit" means the number of students | ||||||
| 7 | reported to the State Board who are enrolled in schools | ||||||
| 8 | within the Organizational Unit that the student attends or | ||||||
| 9 | would attend if not placed or transferred to another school | ||||||
| 10 | or program to receive needed services. For the purposes of | ||||||
| 11 | calculating "ASE", all students, grades K through 12, | ||||||
| 12 | excluding those attending kindergarten for a half day and | ||||||
| 13 | students attending an alternative education program | ||||||
| 14 | operated by a regional office of education or intermediate | ||||||
| 15 | service center, shall be counted as 1.0. All students | ||||||
| 16 | attending kindergarten for a half day shall be counted as | ||||||
| 17 | 0.5, unless in 2017 by June 15 or by March 1 in subsequent | ||||||
| 18 | years, the school district reports to the State Board of | ||||||
| 19 | Education the intent to implement full-day kindergarten | ||||||
| 20 | district-wide for all students, then all students | ||||||
| 21 | attending kindergarten shall be counted as 1.0. Special | ||||||
| 22 | education pre-kindergarten students shall be counted as | ||||||
| 23 | 0.5 each. If the State Board does not collect or has not | ||||||
| 24 | collected both an October 1 and March 1 enrollment count by | ||||||
| 25 | grade or a December 1 collection of special education | ||||||
| 26 | pre-kindergarten students as of August 31, 2017 (the | ||||||
| |||||||
| |||||||
| 1 | effective date of Public Act 100-465) this amendatory Act | ||||||
| 2 | of the 100th General Assembly, it shall establish such | ||||||
| 3 | collection for all future years. For any year in which | ||||||
| 4 | where a count by grade level was collected only once, that | ||||||
| 5 | count shall be used as the single count available for | ||||||
| 6 | computing a 3-year average ASE. Funding for programs | ||||||
| 7 | operated by a regional office of education or an | ||||||
| 8 | intermediate service center must be calculated using the | ||||||
| 9 | Evidence-Based Funding evidence-based funding formula | ||||||
| 10 | under this Section for the 2019-2020 school year and each | ||||||
| 11 | subsequent school year until separate adequacy formulas | ||||||
| 12 | are developed and adopted for each type of program. ASE for | ||||||
| 13 | a program operated by a regional office of education or an | ||||||
| 14 | intermediate service center must be determined by the March | ||||||
| 15 | 1 enrollment for the program. For the 2019-2020 school | ||||||
| 16 | year, the ASE used in the calculation must be the | ||||||
| 17 | first-year ASE and, in that year only, the assignment of | ||||||
| 18 | students served by a regional office of education or | ||||||
| 19 | intermediate service center shall not result in a reduction | ||||||
| 20 | of the March enrollment for any school district. For the | ||||||
| 21 | 2020-2021 school year, the ASE must be the greater of the | ||||||
| 22 | current-year ASE or the 2-year average ASE. Beginning with | ||||||
| 23 | the 2021-2022 school year, the ASE must be the greater of | ||||||
| 24 | the current-year ASE or the 3-year average ASE. School | ||||||
| 25 | districts shall submit the data for the ASE calculation to | ||||||
| 26 | the State Board within 45 days of the dates required in | ||||||
| |||||||
| |||||||
| 1 | this Section for submission of enrollment data in order for | ||||||
| 2 | it to be included in the ASE calculation. For fiscal year | ||||||
| 3 | 2018 only, the ASE calculation shall include only | ||||||
| 4 | enrollment taken on October 1. | ||||||
| 5 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
| 6 | of subsection (g) of this Section. | ||||||
| 7 | "Base Funding Minimum" is defined in subsection (e) of | ||||||
| 8 | this Section. | ||||||
| 9 | "Base Tax Year" means the property tax levy year used | ||||||
| 10 | to calculate the Budget Year allocation of primary State | ||||||
| 11 | aid. | ||||||
| 12 | "Base Tax Year's Extension" means the product of the | ||||||
| 13 | equalized assessed valuation utilized by the county clerk | ||||||
| 14 | in the Base Tax Year multiplied by the limiting rate as | ||||||
| 15 | calculated by the county clerk and defined in PTELL. | ||||||
| 16 | "Bilingual Education Allocation" means the amount of | ||||||
| 17 | an Organizational Unit's final Adequacy Target | ||||||
| 18 | attributable to bilingual education divided by the | ||||||
| 19 | Organizational Unit's final Adequacy Target, the product | ||||||
| 20 | of which shall be multiplied by the amount of new funding | ||||||
| 21 | received pursuant to this Section. An Organizational | ||||||
| 22 | Unit's final Adequacy Target attributable to bilingual | ||||||
| 23 | education shall include all additional investments in | ||||||
| 24 | English learner students' adequacy elements. | ||||||
| 25 | "Budget Year" means the school year for which primary | ||||||
| 26 | State aid is calculated and awarded under this Section. | ||||||
| |||||||
| |||||||
| 1 | "Central office" means individual administrators and | ||||||
| 2 | support service personnel charged with managing the | ||||||
| 3 | instructional programs, business and operations, and | ||||||
| 4 | security of the Organizational Unit. | ||||||
| 5 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
| 6 | differentiation metric that measures systemic, regional | ||||||
| 7 | variations in the salaries of college graduates who are not | ||||||
| 8 | educators. The CWI utilized for this Section shall, for the | ||||||
| 9 | first 3 years of Evidence-Based Funding implementation, be | ||||||
| 10 | the CWI initially developed by the National Center for | ||||||
| 11 | Education Statistics, as most recently updated by Texas A & | ||||||
| 12 | M University. In the fourth and subsequent years of | ||||||
| 13 | Evidence-Based Funding implementation, the State | ||||||
| 14 | Superintendent shall re-determine the CWI using a similar | ||||||
| 15 | methodology to that identified in the Texas A & M | ||||||
| 16 | University study, with adjustments made no less frequently | ||||||
| 17 | than once every 5 years. | ||||||
| 18 | "Computer technology and equipment" means computers | ||||||
| 19 | servers, notebooks, network equipment, copiers, printers, | ||||||
| 20 | instructional software, security software, curriculum | ||||||
| 21 | management courseware, and other similar materials and | ||||||
| 22 | equipment. | ||||||
| 23 | "Computer technology and equipment investment | ||||||
| 24 | allocation" means the final Adequacy Target amount of an | ||||||
| 25 | Organizational Unit assigned to Tier 1 or Tier 2 in the | ||||||
| 26 | prior school year attributable to the additional $285.50 | ||||||
| |||||||
| |||||||
| 1 | per student computer technology and equipment investment | ||||||
| 2 | grant divided by the Organizational Unit's final Adequacy | ||||||
| 3 | Target, the result of which shall be multiplied by the | ||||||
| 4 | amount of new funding received pursuant to this Section. An | ||||||
| 5 | Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
| 6 | Adequacy Target attributable to the received computer | ||||||
| 7 | technology and equipment investment grant shall include | ||||||
| 8 | all additional investments in computer technology and | ||||||
| 9 | equipment adequacy elements. | ||||||
| 10 | "Core subject" means mathematics; science; reading, | ||||||
| 11 | English, writing, and language arts; history and social | ||||||
| 12 | studies; world languages; and subjects taught as Advanced | ||||||
| 13 | Placement in high schools. | ||||||
| 14 | "Core teacher" means a regular classroom teacher in | ||||||
| 15 | elementary schools and teachers of a core subject in middle | ||||||
| 16 | and high schools. | ||||||
| 17 | "Core Intervention teacher (tutor)" means a licensed | ||||||
| 18 | teacher providing one-on-one or small group tutoring to | ||||||
| 19 | students struggling to meet proficiency in core subjects. | ||||||
| 20 | "CPPRT" means corporate personal property replacement | ||||||
| 21 | tax funds paid to an Organizational Unit during the | ||||||
| 22 | calendar year one year before the calendar year in which a | ||||||
| 23 | school year begins, pursuant to "An Act in relation to the | ||||||
| 24 | abolition of ad valorem personal property tax and the | ||||||
| 25 | replacement of revenues lost thereby, and amending and | ||||||
| 26 | repealing certain Acts and parts of Acts in connection | ||||||
| |||||||
| |||||||
| 1 | therewith", certified August 14, 1979, as amended (Public | ||||||
| 2 | Act 81-1st S.S.-1). | ||||||
| 3 | "EAV" means equalized assessed valuation as defined in | ||||||
| 4 | paragraph (2) of subsection (d) of this Section and | ||||||
| 5 | calculated in accordance with paragraph (3) of subsection | ||||||
| 6 | (d) of this Section. | ||||||
| 7 | "ECI" means the Bureau of Labor Statistics' national | ||||||
| 8 | employment cost index for civilian workers in educational | ||||||
| 9 | services in elementary and secondary schools on a | ||||||
| 10 | cumulative basis for the 12-month calendar year preceding | ||||||
| 11 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
| 12 | "EIS Data" means the employment information system | ||||||
| 13 | data maintained by the State Board on educators within | ||||||
| 14 | Organizational Units. | ||||||
| 15 | "Employee benefits" means health, dental, and vision | ||||||
| 16 | insurance offered to employees of an Organizational Unit, | ||||||
| 17 | the costs associated with the statutorily required payment | ||||||
| 18 | of the normal cost of the Organizational Unit's teacher | ||||||
| 19 | pensions, Social Security employer contributions, and | ||||||
| 20 | Illinois Municipal Retirement Fund employer contributions. | ||||||
| 21 | "English learner" or "EL" means a child included in the | ||||||
| 22 | definition of "English learners" under Section 14C-2 of | ||||||
| 23 | this Code participating in a program of transitional | ||||||
| 24 | bilingual education or a transitional program of | ||||||
| 25 | instruction meeting the requirements and program | ||||||
| 26 | application procedures of Article 14C of this Code. For the | ||||||
| |||||||
| |||||||
| 1 | purposes of collecting the number of EL students enrolled, | ||||||
| 2 | the same collection and calculation methodology as defined | ||||||
| 3 | above for "ASE" shall apply to English learners, with the | ||||||
| 4 | exception that EL student enrollment shall include | ||||||
| 5 | students in grades pre-kindergarten through 12. | ||||||
| 6 | "Essential Elements" means those elements, resources, | ||||||
| 7 | and educational programs that have been identified through | ||||||
| 8 | academic research as necessary to improve student success, | ||||||
| 9 | improve academic performance, close achievement gaps, and | ||||||
| 10 | provide for other per student costs related to the delivery | ||||||
| 11 | and leadership of the Organizational Unit, as well as the | ||||||
| 12 | maintenance and operations of the unit, and which are | ||||||
| 13 | specified in paragraph (2) of subsection (b) of this | ||||||
| 14 | Section. | ||||||
| 15 | "Evidence-Based Funding" means State funding provided | ||||||
| 16 | to an Organizational Unit pursuant to this Section. | ||||||
| 17 | "Extended day" means academic and enrichment programs | ||||||
| 18 | provided to students outside the regular school day before | ||||||
| 19 | and after school or during non-instructional times during | ||||||
| 20 | the school day. | ||||||
| 21 | "Extension Limitation Ratio" means a numerical ratio | ||||||
| 22 | in which the numerator is the Base Tax Year's Extension and | ||||||
| 23 | the denominator is the Preceding Tax Year's Extension. | ||||||
| 24 | "Final Percent of Adequacy" is defined in paragraph (4) | ||||||
| 25 | of subsection (f) of this Section. | ||||||
| 26 | "Final Resources" is defined in paragraph (3) of | ||||||
| |||||||
| |||||||
| 1 | subsection (f) of this Section. | ||||||
| 2 | "Full-time equivalent" or "FTE" means the full-time | ||||||
| 3 | equivalency compensation for staffing the relevant | ||||||
| 4 | position at an Organizational Unit. | ||||||
| 5 | "Funding Gap" is defined in paragraph (1) of subsection | ||||||
| 6 | (g). | ||||||
| 7 | "Guidance counselor" means a licensed guidance | ||||||
| 8 | counselor who provides guidance and counseling support for | ||||||
| 9 | students within an Organizational Unit. | ||||||
| 10 | "Hybrid District" means a partial elementary unit | ||||||
| 11 | district created pursuant to Article 11E of this Code. | ||||||
| 12 | "Instructional assistant" means a core or special | ||||||
| 13 | education, non-licensed employee who assists a teacher in | ||||||
| 14 | the classroom and provides academic support to students. | ||||||
| 15 | "Instructional facilitator" means a qualified teacher | ||||||
| 16 | or licensed teacher leader who facilitates and coaches | ||||||
| 17 | continuous improvement in classroom instruction; provides | ||||||
| 18 | instructional support to teachers in the elements of | ||||||
| 19 | research-based instruction or demonstrates the alignment | ||||||
| 20 | of instruction with curriculum standards and assessment | ||||||
| 21 | tools; develops or coordinates instructional programs or | ||||||
| 22 | strategies; develops and implements training; chooses | ||||||
| 23 | standards-based instructional materials; provides teachers | ||||||
| 24 | with an understanding of current research; serves as a | ||||||
| 25 | mentor, site coach, curriculum specialist, or lead | ||||||
| 26 | teacher; or otherwise works with fellow teachers, in | ||||||
| |||||||
| |||||||
| 1 | collaboration, to use data to improve instructional | ||||||
| 2 | practice or develop model lessons. | ||||||
| 3 | "Instructional materials" means relevant instructional | ||||||
| 4 | materials for student instruction, including, but not | ||||||
| 5 | limited to, textbooks, consumable workbooks, laboratory | ||||||
| 6 | equipment, library books, and other similar materials. | ||||||
| 7 | "Laboratory School" means a public school that is | ||||||
| 8 | created and operated by a public university and approved by | ||||||
| 9 | the State Board. | ||||||
| 10 | "Librarian" means a teacher with an endorsement as a | ||||||
| 11 | library information specialist or another individual whose | ||||||
| 12 | primary responsibility is overseeing library resources | ||||||
| 13 | within an Organizational Unit. | ||||||
| 14 | "Limiting rate for Hybrid Districts" means the | ||||||
| 15 | combined elementary school and high school limiting | ||||||
| 16 | limited rates. | ||||||
| 17 | "Local Capacity" is defined in paragraph (1) of | ||||||
| 18 | subsection (c) of this Section. | ||||||
| 19 | "Local Capacity Percentage" is defined in subparagraph | ||||||
| 20 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
| 21 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
| 22 | of paragraph (2) of subsection (c) of this Section. | ||||||
| 23 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
| 24 | subsection (c) of this Section. | ||||||
| 25 | "Low-Income Count" means, for an Organizational Unit | ||||||
| 26 | in a fiscal year, the higher of the average number of | ||||||
| |||||||
| |||||||
| 1 | students for the prior school year or the immediately | ||||||
| 2 | preceding 3 school years who, as of July 1 of the | ||||||
| 3 | immediately preceding fiscal year (as determined by the | ||||||
| 4 | Department of Human Services), are eligible for at least | ||||||
| 5 | one of the following low-income low income programs: | ||||||
| 6 | Medicaid, the Children's Health Insurance Program, | ||||||
| 7 | Temporary Assistance for Needy Families (TANF), or the | ||||||
| 8 | Supplemental Nutrition Assistance Program, excluding | ||||||
| 9 | pupils who are eligible for services provided by the | ||||||
| 10 | Department of Children and Family Services. Until such time | ||||||
| 11 | that grade level low-income populations become available, | ||||||
| 12 | grade level low-income populations shall be determined by | ||||||
| 13 | applying the low-income percentage to total student | ||||||
| 14 | enrollments by grade level. The low-income percentage is | ||||||
| 15 | determined by dividing the Low-Income Count by the Average | ||||||
| 16 | Student Enrollment. The low-income percentage for programs | ||||||
| 17 | operated by a regional office of education or an | ||||||
| 18 | intermediate service center must be set to the weighted | ||||||
| 19 | average of the low-income percentages of all of the school | ||||||
| 20 | districts in the service region. The weighted low-income | ||||||
| 21 | percentage is the result of multiplying the low-income | ||||||
| 22 | percentage of each school district served by the regional | ||||||
| 23 | office of education or intermediate service center by each | ||||||
| 24 | school district's Average Student Enrollment, summarizing | ||||||
| 25 | those products and dividing the total by the total Average | ||||||
| 26 | Student Enrollment for the service region. | ||||||
| |||||||
| |||||||
| 1 | "Maintenance and operations" means custodial services, | ||||||
| 2 | facility and ground maintenance, facility operations, | ||||||
| 3 | facility security, routine facility repairs, and other | ||||||
| 4 | similar services and functions. | ||||||
| 5 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
| 6 | subsection (g) of this Section. | ||||||
| 7 | "New Property Tax Relief Pool Funds" means, for any | ||||||
| 8 | given fiscal year, all State funds appropriated under | ||||||
| 9 | Section 2-3.170 of the School Code. | ||||||
| 10 | "New State Funds" means, for a given school year, all | ||||||
| 11 | State funds appropriated for Evidence-Based Funding in | ||||||
| 12 | excess of the amount needed to fund the Base Funding | ||||||
| 13 | Minimum for all Organizational Units in that school year. | ||||||
| 14 | "Net State Contribution Target" means, for a given | ||||||
| 15 | school year, the amount of State funds that would be | ||||||
| 16 | necessary to fully meet the Adequacy Target of an | ||||||
| 17 | Operational Unit minus the Preliminary Resources available | ||||||
| 18 | to each unit. | ||||||
| 19 | "Nurse" means an individual licensed as a certified | ||||||
| 20 | school nurse, in accordance with the rules established for | ||||||
| 21 | nursing services by the State Board, who is an employee of | ||||||
| 22 | and is available to provide health care-related services | ||||||
| 23 | for students of an Organizational Unit. | ||||||
| 24 | "Operating Tax Rate" means the rate utilized in the | ||||||
| 25 | previous year to extend property taxes for all purposes, | ||||||
| 26 | except, Bond and Interest, Summer School, Rent, Capital | ||||||
| |||||||
| |||||||
| 1 | Improvement, and Vocational Education Building purposes. | ||||||
| 2 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
| 3 | combined elementary and high school rates utilized in the | ||||||
| 4 | previous year to extend property taxes for all purposes, | ||||||
| 5 | except, Bond and Interest, Summer School, Rent, Capital | ||||||
| 6 | Improvement, and Vocational Education Building purposes. | ||||||
| 7 | "Organizational Unit" means a Laboratory School or any | ||||||
| 8 | public school district that is recognized as such by the | ||||||
| 9 | State Board and that contains elementary schools typically | ||||||
| 10 | serving kindergarten through 5th grades, middle schools | ||||||
| 11 | typically serving 6th through 8th grades, high schools | ||||||
| 12 | typically serving 9th through 12th grades, a program | ||||||
| 13 | established under Section 2-3.66 or 2-3.41, or a program | ||||||
| 14 | operated by a regional office of education or an | ||||||
| 15 | intermediate service center under Article 13A or 13B. The | ||||||
| 16 | General Assembly acknowledges that the actual grade levels | ||||||
| 17 | served by a particular Organizational Unit may vary | ||||||
| 18 | slightly from what is typical. | ||||||
| 19 | "Organizational Unit CWI" is determined by calculating | ||||||
| 20 | the CWI in the region and original county in which an | ||||||
| 21 | Organizational Unit's primary administrative office is | ||||||
| 22 | located as set forth in this paragraph, provided that if | ||||||
| 23 | the Organizational Unit CWI as calculated in accordance | ||||||
| 24 | with this paragraph is less than 0.9, the Organizational | ||||||
| 25 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
| 26 | CWI value shall be adjusted based on the CWI value of that | ||||||
| |||||||
| |||||||
| 1 | county's neighboring Illinois counties, to create a | ||||||
| 2 | "weighted adjusted index value". This shall be calculated | ||||||
| 3 | by summing the CWI values of all of a county's adjacent | ||||||
| 4 | Illinois counties and dividing by the number of adjacent | ||||||
| 5 | Illinois counties, then taking the weighted value of the | ||||||
| 6 | original county's CWI value and the adjacent Illinois | ||||||
| 7 | county average. To calculate this weighted value, if the | ||||||
| 8 | number of adjacent Illinois counties is greater than 2, the | ||||||
| 9 | original county's CWI value will be weighted at 0.25 and | ||||||
| 10 | the adjacent Illinois county average will be weighted at | ||||||
| 11 | 0.75. If the number of adjacent Illinois counties is 2, the | ||||||
| 12 | original county's CWI value will be weighted at 0.33 and | ||||||
| 13 | the adjacent Illinois county average will be weighted at | ||||||
| 14 | 0.66. The greater of the county's current CWI value and its | ||||||
| 15 | weighted adjusted index value shall be used as the | ||||||
| 16 | Organizational Unit CWI. | ||||||
| 17 | "Preceding Tax Year" means the property tax levy year | ||||||
| 18 | immediately preceding the Base Tax Year. | ||||||
| 19 | "Preceding Tax Year's Extension" means the product of | ||||||
| 20 | the equalized assessed valuation utilized by the county | ||||||
| 21 | clerk in the Preceding Tax Year multiplied by the Operating | ||||||
| 22 | Tax Rate. | ||||||
| 23 | "Preliminary Percent of Adequacy" is defined in | ||||||
| 24 | paragraph (2) of subsection (f) of this Section. | ||||||
| 25 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
| 26 | subsection (f) of this Section. | ||||||
| |||||||
| |||||||
| 1 | "Principal" means a school administrator duly endorsed | ||||||
| 2 | to be employed as a principal in this State. | ||||||
| 3 | "Professional development" means training programs for | ||||||
| 4 | licensed staff in schools, including, but not limited to, | ||||||
| 5 | programs that assist in implementing new curriculum | ||||||
| 6 | programs, provide data focused or academic assessment data | ||||||
| 7 | training to help staff identify a student's weaknesses and | ||||||
| 8 | strengths, target interventions, improve instruction, | ||||||
| 9 | encompass instructional strategies for English learner, | ||||||
| 10 | gifted, or at-risk students, address inclusivity, cultural | ||||||
| 11 | sensitivity, or implicit bias, or otherwise provide | ||||||
| 12 | professional support for licensed staff. | ||||||
| 13 | "Prototypical" means 450 special education | ||||||
| 14 | pre-kindergarten and kindergarten through grade 5 students | ||||||
| 15 | for an elementary school, 450 grade 6 through 8 students | ||||||
| 16 | for a middle school, and 600 grade 9 through 12 students | ||||||
| 17 | for a high school. | ||||||
| 18 | "PTELL" means the Property Tax Extension Limitation | ||||||
| 19 | Law. | ||||||
| 20 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
| 21 | (d) of this Section. | ||||||
| 22 | "Pupil support staff" means a nurse, psychologist, | ||||||
| 23 | social worker, family liaison personnel, or other staff | ||||||
| 24 | member who provides support to at-risk or struggling | ||||||
| 25 | students. | ||||||
| 26 | "Real Receipts" is defined in paragraph (1) of | ||||||
| |||||||
| |||||||
| 1 | subsection (d) of this Section. | ||||||
| 2 | "Regionalization Factor" means, for a particular | ||||||
| 3 | Organizational Unit, the figure derived by dividing the | ||||||
| 4 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
| 5 | "School site staff" means the primary school secretary | ||||||
| 6 | and any additional clerical personnel assigned to a school. | ||||||
| 7 | "Special education" means special educational | ||||||
| 8 | facilities and services, as defined in Section 14-1.08 of | ||||||
| 9 | this Code. | ||||||
| 10 | "Special Education Allocation" means the amount of an | ||||||
| 11 | Organizational Unit's final Adequacy Target attributable | ||||||
| 12 | to special education divided by the Organizational Unit's | ||||||
| 13 | final Adequacy Target, the product of which shall be | ||||||
| 14 | multiplied by the amount of new funding received pursuant | ||||||
| 15 | to this Section. An Organizational Unit's final Adequacy | ||||||
| 16 | Target attributable to special education shall include all | ||||||
| 17 | special education investment adequacy elements. | ||||||
| 18 | "Specialist teacher" means a teacher who provides | ||||||
| 19 | instruction in subject areas not included in core subjects, | ||||||
| 20 | including, but not limited to, art, music, physical | ||||||
| 21 | education, health, driver education, career-technical | ||||||
| 22 | education, and such other subject areas as may be mandated | ||||||
| 23 | by State law or provided by an Organizational Unit. | ||||||
| 24 | "Specially Funded Unit" means an Alternative School, | ||||||
| 25 | safe school, Department of Juvenile Justice school, | ||||||
| 26 | special education cooperative or entity recognized by the | ||||||
| |||||||
| |||||||
| 1 | State Board as a special education cooperative, | ||||||
| 2 | State-approved charter school, or alternative learning | ||||||
| 3 | opportunities program that received direct funding from | ||||||
| 4 | the State Board during the 2016-2017 school year through | ||||||
| 5 | any of the funding sources included within the calculation | ||||||
| 6 | of the Base Funding Minimum or Glenwood Academy. | ||||||
| 7 | "Supplemental Grant Funding" means supplemental | ||||||
| 8 | general State aid funding received by an Organizational | ||||||
| 9 | Organization Unit during the 2016-2017 school year | ||||||
| 10 | pursuant to subsection (H) of Section 18-8.05 of this Code | ||||||
| 11 | (now repealed). | ||||||
| 12 | "State Adequacy Level" is the sum of the Adequacy | ||||||
| 13 | Targets of all Organizational Units. | ||||||
| 14 | "State Board" means the State Board of Education. | ||||||
| 15 | "State Superintendent" means the State Superintendent | ||||||
| 16 | of Education. | ||||||
| 17 | "Statewide Weighted CWI" means a figure determined by | ||||||
| 18 | multiplying each Organizational Unit CWI times the ASE for | ||||||
| 19 | that Organizational Unit creating a weighted value, | ||||||
| 20 | summing all Organizational Units' Unit's weighted values, | ||||||
| 21 | and dividing by the total ASE of all Organizational Units, | ||||||
| 22 | thereby creating an average weighted index. | ||||||
| 23 | "Student activities" means non-credit producing | ||||||
| 24 | after-school programs, including, but not limited to, | ||||||
| 25 | clubs, bands, sports, and other activities authorized by | ||||||
| 26 | the school board of the Organizational Unit. | ||||||
| |||||||
| |||||||
| 1 | "Substitute teacher" means an individual teacher or | ||||||
| 2 | teaching assistant who is employed by an Organizational | ||||||
| 3 | Unit and is temporarily serving the Organizational Unit on | ||||||
| 4 | a per diem or per period-assignment basis to replace | ||||||
| 5 | replacing another staff member. | ||||||
| 6 | "Summer school" means academic and enrichment programs | ||||||
| 7 | provided to students during the summer months outside of | ||||||
| 8 | the regular school year. | ||||||
| 9 | "Supervisory aide" means a non-licensed staff member | ||||||
| 10 | who helps in supervising students of an Organizational | ||||||
| 11 | Unit, but does so outside of the classroom, in situations | ||||||
| 12 | such as, but not limited to, monitoring hallways and | ||||||
| 13 | playgrounds, supervising lunchrooms, or supervising | ||||||
| 14 | students when being transported in buses serving the | ||||||
| 15 | Organizational Unit. | ||||||
| 16 | "Target Ratio" is defined in paragraph (4) of | ||||||
| 17 | subsection (g). | ||||||
| 18 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||||||
| 19 | in paragraph (3) of subsection (g). | ||||||
| 20 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
| 21 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate | ||||||
| 22 | Funding" are defined in paragraph (1) of subsection (g). | ||||||
| 23 | (b) Adequacy Target calculation. | ||||||
| 24 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
| 25 | sum of the Organizational Unit's cost of providing | ||||||
| 26 | Essential Elements, as calculated in accordance with this | ||||||
| |||||||
| |||||||
| 1 | subsection (b), with the salary amounts in the Essential | ||||||
| 2 | Elements multiplied by a Regionalization Factor calculated | ||||||
| 3 | pursuant to paragraph (3) of this subsection (b). | ||||||
| 4 | (2) The Essential Elements are attributable on a pro | ||||||
| 5 | rata basis related to defined subgroups of the ASE of each | ||||||
| 6 | Organizational Unit as specified in this paragraph (2), | ||||||
| 7 | with investments and FTE positions pro rata funded based on | ||||||
| 8 | ASE counts in excess or less than the thresholds set forth | ||||||
| 9 | in this paragraph (2). The method for calculating | ||||||
| 10 | attributable pro rata costs and the defined subgroups | ||||||
| 11 | thereto are as follows: | ||||||
| 12 | (A) Core class size investments. Each | ||||||
| 13 | Organizational Unit shall receive the funding required | ||||||
| 14 | to support that number of FTE core teacher positions as | ||||||
| 15 | is needed to keep the respective class sizes of the | ||||||
| 16 | Organizational Unit to the following maximum numbers: | ||||||
| 17 | (i) For grades kindergarten through 3, the | ||||||
| 18 | Organizational Unit shall receive funding required | ||||||
| 19 | to support one FTE core teacher position for every | ||||||
| 20 | 15 Low-Income Count students in those grades and | ||||||
| 21 | one FTE core teacher position for every 20 | ||||||
| 22 | non-Low-Income Count students in those grades. | ||||||
| 23 | (ii) For grades 4 through 12, the | ||||||
| 24 | Organizational Unit shall receive funding required | ||||||
| 25 | to support one FTE core teacher position for every | ||||||
| 26 | 20 Low-Income Count students in those grades and | ||||||
| |||||||
| |||||||
| 1 | one FTE core teacher position for every 25 | ||||||
| 2 | non-Low-Income Count students in those grades. | ||||||
| 3 | The number of non-Low-Income Count students in a | ||||||
| 4 | grade shall be determined by subtracting the | ||||||
| 5 | Low-Income students in that grade from the ASE of the | ||||||
| 6 | Organizational Unit for that grade. | ||||||
| 7 | (B) Specialist teacher investments. Each | ||||||
| 8 | Organizational Unit shall receive the funding needed | ||||||
| 9 | to cover that number of FTE specialist teacher | ||||||
| 10 | positions that correspond to the following | ||||||
| 11 | percentages: | ||||||
| 12 | (i) if the Organizational Unit operates an | ||||||
| 13 | elementary or middle school, then 20.00% of the | ||||||
| 14 | number of the Organizational Unit's core teachers, | ||||||
| 15 | as determined under subparagraph (A) of this | ||||||
| 16 | paragraph (2); and | ||||||
| 17 | (ii) if such Organizational Unit operates a | ||||||
| 18 | high school, then 33.33% of the number of the | ||||||
| 19 | Organizational Unit's core teachers. | ||||||
| 20 | (C) Instructional facilitator investments. Each | ||||||
| 21 | Organizational Unit shall receive the funding needed | ||||||
| 22 | to cover one FTE instructional facilitator position | ||||||
| 23 | for every 200 combined ASE of pre-kindergarten | ||||||
| 24 | children with disabilities and all kindergarten | ||||||
| 25 | through grade 12 students of the Organizational Unit. | ||||||
| 26 | (D) Core intervention teacher (tutor) investments. | ||||||
| |||||||
| |||||||
| 1 | Each Organizational Unit shall receive the funding | ||||||
| 2 | needed to cover one FTE teacher position for each | ||||||
| 3 | prototypical elementary, middle, and high school. | ||||||
| 4 | (E) Substitute teacher investments. Each | ||||||
| 5 | Organizational Unit shall receive the funding needed | ||||||
| 6 | to cover substitute teacher costs that is equal to | ||||||
| 7 | 5.70% of the minimum pupil attendance days required | ||||||
| 8 | under Section 10-19 of this Code for all full-time | ||||||
| 9 | equivalent core, specialist, and intervention | ||||||
| 10 | teachers, school nurses, special education teachers | ||||||
| 11 | and instructional assistants, instructional | ||||||
| 12 | facilitators, and summer school and extended day | ||||||
| 13 | extended-day teacher positions, as determined under | ||||||
| 14 | this paragraph (2), at a salary rate of 33.33% of the | ||||||
| 15 | average salary for grade K through 12 teachers and | ||||||
| 16 | 33.33% of the average salary of each instructional | ||||||
| 17 | assistant position. | ||||||
| 18 | (F) Core guidance counselor investments. Each | ||||||
| 19 | Organizational Unit shall receive the funding needed | ||||||
| 20 | to cover one FTE guidance counselor for each 450 | ||||||
| 21 | combined ASE of pre-kindergarten children with | ||||||
| 22 | disabilities and all kindergarten through grade 5 | ||||||
| 23 | students, plus one FTE guidance counselor for each 250 | ||||||
| 24 | grades 6 through 8 ASE middle school students, plus one | ||||||
| 25 | FTE guidance counselor for each 250 grades 9 through 12 | ||||||
| 26 | ASE high school students. | ||||||
| |||||||
| |||||||
| 1 | (G) Nurse investments. Each Organizational Unit | ||||||
| 2 | shall receive the funding needed to cover one FTE nurse | ||||||
| 3 | for each 750 combined ASE of pre-kindergarten children | ||||||
| 4 | with disabilities and all kindergarten through grade | ||||||
| 5 | 12 students across all grade levels it serves. | ||||||
| 6 | (H) Supervisory aide investments. Each | ||||||
| 7 | Organizational Unit shall receive the funding needed | ||||||
| 8 | to cover one FTE for each 225 combined ASE of | ||||||
| 9 | pre-kindergarten children with disabilities and all | ||||||
| 10 | kindergarten through grade 5 students, plus one FTE for | ||||||
| 11 | each 225 ASE middle school students, plus one FTE for | ||||||
| 12 | each 200 ASE high school students. | ||||||
| 13 | (I) Librarian investments. Each Organizational | ||||||
| 14 | Unit shall receive the funding needed to cover one FTE | ||||||
| 15 | librarian for each prototypical elementary school, | ||||||
| 16 | middle school, and high school and one FTE aide or | ||||||
| 17 | media technician for every 300 combined ASE of | ||||||
| 18 | pre-kindergarten children with disabilities and all | ||||||
| 19 | kindergarten through grade 12 students. | ||||||
| 20 | (J) Principal investments. Each Organizational | ||||||
| 21 | Unit shall receive the funding needed to cover one FTE | ||||||
| 22 | principal position for each prototypical elementary | ||||||
| 23 | school, plus one FTE principal position for each | ||||||
| 24 | prototypical middle school, plus one FTE principal | ||||||
| 25 | position for each prototypical high school. | ||||||
| 26 | (K) Assistant principal investments. Each | ||||||
| |||||||
| |||||||
| 1 | Organizational Unit shall receive the funding needed | ||||||
| 2 | to cover one FTE assistant principal position for each | ||||||
| 3 | prototypical elementary school, plus one FTE assistant | ||||||
| 4 | principal position for each prototypical middle | ||||||
| 5 | school, plus one FTE assistant principal position for | ||||||
| 6 | each prototypical high school. | ||||||
| 7 | (L) School site staff investments. Each | ||||||
| 8 | Organizational Unit shall receive the funding needed | ||||||
| 9 | for one FTE position for each 225 ASE of | ||||||
| 10 | pre-kindergarten children with disabilities and all | ||||||
| 11 | kindergarten through grade 5 students, plus one FTE | ||||||
| 12 | position for each 225 ASE middle school students, plus | ||||||
| 13 | one FTE position for each 200 ASE high school students. | ||||||
| 14 | (M) Gifted investments. Each Organizational Unit | ||||||
| 15 | shall receive $40 per kindergarten through grade 12 | ||||||
| 16 | ASE. | ||||||
| 17 | (N) Professional development investments. Each | ||||||
| 18 | Organizational Unit shall receive $125 per student of | ||||||
| 19 | the combined ASE of pre-kindergarten children with | ||||||
| 20 | disabilities and all kindergarten through grade 12 | ||||||
| 21 | students for trainers and other professional | ||||||
| 22 | development-related expenses for supplies and | ||||||
| 23 | materials. | ||||||
| 24 | (O) Instructional material investments. Each | ||||||
| 25 | Organizational Unit shall receive $190 per student of | ||||||
| 26 | the combined ASE of pre-kindergarten children with | ||||||
| |||||||
| |||||||
| 1 | disabilities and all kindergarten through grade 12 | ||||||
| 2 | students to cover instructional material costs. | ||||||
| 3 | (P) Assessment investments. Each Organizational | ||||||
| 4 | Unit shall receive $25 per student of the combined ASE | ||||||
| 5 | of pre-kindergarten children with disabilities and all | ||||||
| 6 | kindergarten through grade 12 students student to | ||||||
| 7 | cover assessment costs. | ||||||
| 8 | (Q) Computer technology and equipment investments. | ||||||
| 9 | Each Organizational Unit shall receive $285.50 per | ||||||
| 10 | student of the combined ASE of pre-kindergarten | ||||||
| 11 | children with disabilities and all kindergarten | ||||||
| 12 | through grade 12 students to cover computer technology | ||||||
| 13 | and equipment costs. For the 2018-2019 school year and | ||||||
| 14 | subsequent school years, Organizational Units assigned | ||||||
| 15 | to Tier 1 and Tier 2 in the prior school year shall | ||||||
| 16 | receive an additional $285.50 per student of the | ||||||
| 17 | combined ASE of pre-kindergarten children with | ||||||
| 18 | disabilities and all kindergarten through grade 12 | ||||||
| 19 | students to cover computer technology and equipment | ||||||
| 20 | costs in the Organizational Organization Unit's | ||||||
| 21 | Adequacy Target. The State Board may establish | ||||||
| 22 | additional requirements for Organizational Unit | ||||||
| 23 | expenditures of funds received pursuant to this | ||||||
| 24 | subparagraph (Q), including a requirement that funds | ||||||
| 25 | received pursuant to this subparagraph (Q) may be used | ||||||
| 26 | only for serving the technology needs of the district. | ||||||
| |||||||
| |||||||
| 1 | It is the intent of Public Act 100-465 this amendatory | ||||||
| 2 | Act of the 100th General Assembly that all Tier 1 and | ||||||
| 3 | Tier 2 districts receive the addition to their Adequacy | ||||||
| 4 | Target in the following year, subject to compliance | ||||||
| 5 | with the requirements of the State Board. | ||||||
| 6 | (R) Student activities investments. Each | ||||||
| 7 | Organizational Unit shall receive the following | ||||||
| 8 | funding amounts to cover student activities: $100 per | ||||||
| 9 | kindergarten through grade 5 ASE student in elementary | ||||||
| 10 | school, plus $200 per ASE student in middle school, | ||||||
| 11 | plus $675 per ASE student in high school. | ||||||
| 12 | (S) Maintenance and operations investments. Each | ||||||
| 13 | Organizational Unit shall receive $1,038 per student | ||||||
| 14 | of the combined ASE of pre-kindergarten children with | ||||||
| 15 | disabilities and all kindergarten through grade 12 | ||||||
| 16 | students for day-to-day maintenance and operations | ||||||
| 17 | expenditures, including salary, supplies, and | ||||||
| 18 | materials, as well as purchased services, but | ||||||
| 19 | excluding employee benefits. The proportion of salary | ||||||
| 20 | for the application of a Regionalization Factor and the | ||||||
| 21 | calculation of benefits is equal to $352.92. | ||||||
| 22 | (T) Central office investments. Each | ||||||
| 23 | Organizational Unit shall receive $742 per student of | ||||||
| 24 | the combined ASE of pre-kindergarten children with | ||||||
| 25 | disabilities and all kindergarten through grade 12 | ||||||
| 26 | students to cover central office operations, including | ||||||
| |||||||
| |||||||
| 1 | administrators and classified personnel charged with | ||||||
| 2 | managing the instructional programs, business and | ||||||
| 3 | operations of the school district, and security | ||||||
| 4 | personnel. The proportion of salary for the | ||||||
| 5 | application of a Regionalization Factor and the | ||||||
| 6 | calculation of benefits is equal to $368.48. | ||||||
| 7 | (U) Employee benefit investments. Each | ||||||
| 8 | Organizational Unit shall receive 30% of the total of | ||||||
| 9 | all salary-calculated elements of the Adequacy Target, | ||||||
| 10 | excluding substitute teachers and student activities | ||||||
| 11 | investments, to cover benefit costs. For central | ||||||
| 12 | office and maintenance and operations investments, the | ||||||
| 13 | benefit calculation shall be based upon the salary | ||||||
| 14 | proportion of each investment. If at any time the | ||||||
| 15 | responsibility for funding the employer normal cost of | ||||||
| 16 | teacher pensions is assigned to school districts, then | ||||||
| 17 | that amount certified by the Teachers' Retirement | ||||||
| 18 | System of the State of Illinois to be paid by the | ||||||
| 19 | Organizational Unit for the preceding school year | ||||||
| 20 | shall be added to the benefit investment. For any | ||||||
| 21 | fiscal year in which a school district organized under | ||||||
| 22 | Article 34 of this Code is responsible for paying the | ||||||
| 23 | employer normal cost of teacher pensions, then that | ||||||
| 24 | amount of its employer normal cost plus the amount for | ||||||
| 25 | retiree health insurance as certified by the Public | ||||||
| 26 | School Teachers' Pension and Retirement Fund of | ||||||
| |||||||
| |||||||
| 1 | Chicago to be paid by the school district for the | ||||||
| 2 | preceding school year that is statutorily required to | ||||||
| 3 | cover employer normal costs and the amount for retiree | ||||||
| 4 | health insurance shall be added to the 30% specified in | ||||||
| 5 | this subparagraph (U). The Teachers' Retirement System | ||||||
| 6 | of the State of Illinois and the Public School | ||||||
| 7 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
| 8 | submit such information as the State Superintendent | ||||||
| 9 | may require for the calculations set forth in this | ||||||
| 10 | subparagraph (U). | ||||||
| 11 | (V) Additional investments in low-income students. | ||||||
| 12 | In addition to and not in lieu of all other funding | ||||||
| 13 | under this paragraph (2), each Organizational Unit | ||||||
| 14 | shall receive funding based on the average teacher | ||||||
| 15 | salary for grades K through 12 to cover the costs of: | ||||||
| 16 | (i) one FTE intervention teacher (tutor) | ||||||
| 17 | position for every 125 Low-Income Count students; | ||||||
| 18 | (ii) one FTE pupil support staff position for | ||||||
| 19 | every 125 Low-Income Count students; | ||||||
| 20 | (iii) one FTE extended day teacher position | ||||||
| 21 | for every 120 Low-Income Count students; and | ||||||
| 22 | (iv) one FTE summer school teacher position | ||||||
| 23 | for every 120 Low-Income Count students. | ||||||
| 24 | (W) Additional investments in English learner | ||||||
| 25 | students. In addition to and not in lieu of all other | ||||||
| 26 | funding under this paragraph (2), each Organizational | ||||||
| |||||||
| |||||||
| 1 | Unit shall receive funding based on the average teacher | ||||||
| 2 | salary for grades K through 12 to cover the costs of: | ||||||
| 3 | (i) one FTE intervention teacher (tutor) | ||||||
| 4 | position for every 125 English learner students; | ||||||
| 5 | (ii) one FTE pupil support staff position for | ||||||
| 6 | every 125 English learner students; | ||||||
| 7 | (iii) one FTE extended day teacher position | ||||||
| 8 | for every 120 English learner students; | ||||||
| 9 | (iv) one FTE summer school teacher position | ||||||
| 10 | for every 120 English learner students; and | ||||||
| 11 | (v) one FTE core teacher position for every 100 | ||||||
| 12 | English learner students. | ||||||
| 13 | (X) Special education investments. Each | ||||||
| 14 | Organizational Unit shall receive funding based on the | ||||||
| 15 | average teacher salary for grades K through 12 to cover | ||||||
| 16 | special education as follows: | ||||||
| 17 | (i) one FTE teacher position for every 141 | ||||||
| 18 | combined ASE of pre-kindergarten children with | ||||||
| 19 | disabilities and all kindergarten through grade 12 | ||||||
| 20 | students; | ||||||
| 21 | (ii) one FTE instructional assistant for every | ||||||
| 22 | 141 combined ASE of pre-kindergarten children with | ||||||
| 23 | disabilities and all kindergarten through grade 12 | ||||||
| 24 | students; and | ||||||
| 25 | (iii) one FTE psychologist position for every | ||||||
| 26 | 1,000 combined ASE of pre-kindergarten children | ||||||
| |||||||
| |||||||
| 1 | with disabilities and all kindergarten through | ||||||
| 2 | grade 12 students. | ||||||
| 3 | (3) For calculating the salaries included within the | ||||||
| 4 | Essential Elements, the State Superintendent shall | ||||||
| 5 | annually calculate average salaries to the nearest dollar | ||||||
| 6 | using the employment information system data maintained by | ||||||
| 7 | the State Board, limited to public schools only and | ||||||
| 8 | excluding special education and vocational cooperatives, | ||||||
| 9 | schools operated by the Department of Juvenile Justice, and | ||||||
| 10 | charter schools, for the following positions: | ||||||
| 11 | (A) Teacher for grades K through 8. | ||||||
| 12 | (B) Teacher for grades 9 through 12. | ||||||
| 13 | (C) Teacher for grades K through 12. | ||||||
| 14 | (D) Guidance counselor for grades K through 8. | ||||||
| 15 | (E) Guidance counselor for grades 9 through 12. | ||||||
| 16 | (F) Guidance counselor for grades K through 12. | ||||||
| 17 | (G) Social worker. | ||||||
| 18 | (H) Psychologist. | ||||||
| 19 | (I) Librarian. | ||||||
| 20 | (J) Nurse. | ||||||
| 21 | (K) Principal. | ||||||
| 22 | (L) Assistant principal. | ||||||
| 23 | For the purposes of this paragraph (3), "teacher" | ||||||
| 24 | includes core teachers, specialist and elective teachers, | ||||||
| 25 | instructional facilitators, tutors, special education | ||||||
| 26 | teachers, pupil support staff teachers, English learner | ||||||
| |||||||
| |||||||
| 1 | teachers, extended day extended-day teachers, and summer | ||||||
| 2 | school teachers. Where specific grade data is not required | ||||||
| 3 | for the Essential Elements, the average salary for | ||||||
| 4 | corresponding positions shall apply. For substitute | ||||||
| 5 | teachers, the average teacher salary for grades K through | ||||||
| 6 | 12 shall apply. | ||||||
| 7 | For calculating the salaries included within the | ||||||
| 8 | Essential Elements for positions not included within EIS | ||||||
| 9 | Data, the following salaries shall be used in the first | ||||||
| 10 | year of implementation of Evidence-Based Funding: | ||||||
| 11 | (i) school site staff, $30,000; and | ||||||
| 12 | (ii) non-instructional assistant, instructional | ||||||
| 13 | assistant, library aide, library media tech, or | ||||||
| 14 | supervisory aide: $25,000. | ||||||
| 15 | In the second and subsequent years of implementation of | ||||||
| 16 | Evidence-Based Funding, the amounts in items (i) and (ii) | ||||||
| 17 | of this paragraph (3) shall annually increase by the ECI. | ||||||
| 18 | The salary amounts for the Essential Elements | ||||||
| 19 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
| 20 | and (T), and (V) through (X) of paragraph (2) of subsection | ||||||
| 21 | (b) of this Section shall be multiplied by a | ||||||
| 22 | Regionalization Factor. | ||||||
| 23 | (c) Local Capacity capacity calculation. | ||||||
| 24 | (1) Each Organizational Unit's Local Capacity | ||||||
| 25 | represents an amount of funding it is assumed to contribute | ||||||
| 26 | toward its Adequacy Target for purposes of the | ||||||
| |||||||
| |||||||
| 1 | Evidence-Based Funding formula calculation. "Local | ||||||
| 2 | Capacity" means either (i) the Organizational Unit's Local | ||||||
| 3 | Capacity Target as calculated in accordance with paragraph | ||||||
| 4 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
| 5 | to or less than its Local Capacity Target or (ii) the | ||||||
| 6 | Organizational Unit's Adjusted Local Capacity, as | ||||||
| 7 | calculated in accordance with paragraph (3) of this | ||||||
| 8 | subsection (c) if Real Receipts are more than its Local | ||||||
| 9 | Capacity Target. | ||||||
| 10 | (2) "Local Capacity Target" means, for an | ||||||
| 11 | Organizational Unit, that dollar amount that is obtained by | ||||||
| 12 | multiplying its Adequacy Target by its Local Capacity | ||||||
| 13 | Ratio. | ||||||
| 14 | (A) An Organizational Unit's Local Capacity | ||||||
| 15 | Percentage is the conversion of the Organizational | ||||||
| 16 | Unit's Local Capacity Ratio, as such ratio is | ||||||
| 17 | determined in accordance with subparagraph (B) of this | ||||||
| 18 | paragraph (2), into a cumulative distribution | ||||||
| 19 | resulting in a percentile ranking to determine each | ||||||
| 20 | Organizational Unit's relative position to all other | ||||||
| 21 | Organizational Units in this State. The calculation of | ||||||
| 22 | Local Capacity Percentage is described in subparagraph | ||||||
| 23 | (C) of this paragraph (2). | ||||||
| 24 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
| 25 | in a given year is the percentage obtained by dividing | ||||||
| 26 | its Adjusted EAV or PTELL EAV, whichever is less, by | ||||||
| |||||||
| |||||||
| 1 | its Adequacy Target, with the resulting ratio further | ||||||
| 2 | adjusted as follows: | ||||||
| 3 | (i) for Organizational Units serving grades | ||||||
| 4 | kindergarten through 12 and Hybrid Districts, no | ||||||
| 5 | further adjustments shall be made; | ||||||
| 6 | (ii) for Organizational Units serving grades | ||||||
| 7 | kindergarten through 8, the ratio shall be | ||||||
| 8 | multiplied by 9/13; | ||||||
| 9 | (iii) for Organizational Units serving grades | ||||||
| 10 | 9 through 12, the Local Capacity Ratio shall be | ||||||
| 11 | multiplied by 4/13; and | ||||||
| 12 | (iv) for an Organizational Unit with a | ||||||
| 13 | different grade configuration than those specified | ||||||
| 14 | in items (i) through (iii) of this subparagraph | ||||||
| 15 | (B), the State Superintendent shall determine a | ||||||
| 16 | comparable adjustment based on the grades served. | ||||||
| 17 | (C) The Local Capacity Percentage is equal to the | ||||||
| 18 | percentile ranking of the district. Local Capacity | ||||||
| 19 | Percentage converts each Organizational Unit's Local | ||||||
| 20 | Capacity Ratio to a cumulative distribution resulting | ||||||
| 21 | in a percentile ranking to determine each | ||||||
| 22 | Organizational Unit's relative position to all other | ||||||
| 23 | Organizational Units in this State. The Local Capacity | ||||||
| 24 | Percentage cumulative distribution resulting in a | ||||||
| 25 | percentile ranking for each Organizational Unit shall | ||||||
| 26 | be calculated using the standard normal distribution | ||||||
| |||||||
| |||||||
| 1 | of the score in relation to the weighted mean and | ||||||
| 2 | weighted standard deviation and Local Capacity Ratios | ||||||
| 3 | of all Organizational Units. If the value assigned to | ||||||
| 4 | any Organizational Unit is in excess of 90%, the value | ||||||
| 5 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
| 6 | Local Capacity Percentage shall be set at 10% in
| ||||||
| 7 | recognition of the absence of EAV and resources from | ||||||
| 8 | the public university that are allocated to
the | ||||||
| 9 | Laboratory School. For programs operated by a regional | ||||||
| 10 | office of education or an intermediate service center, | ||||||
| 11 | the Local Capacity Percentage must be set at 10% in | ||||||
| 12 | recognition of the absence of EAV and resources from | ||||||
| 13 | school districts that are allocated to the regional | ||||||
| 14 | office of education or intermediate service center. | ||||||
| 15 | The weighted mean for the Local Capacity Percentage | ||||||
| 16 | shall be determined by multiplying each Organizational | ||||||
| 17 | Unit's Local Capacity Ratio times the ASE for the unit | ||||||
| 18 | creating a weighted value, summing the weighted values | ||||||
| 19 | of all Organizational Units, and dividing by the total | ||||||
| 20 | ASE of all Organizational Units. The weighted standard | ||||||
| 21 | deviation shall be determined by taking the square root | ||||||
| 22 | of the weighted variance of all Organizational Units' | ||||||
| 23 | Local Capacity Ratio, where the variance is calculated | ||||||
| 24 | by squaring the difference between each unit's Local | ||||||
| 25 | Capacity Ratio and the weighted mean, then multiplying | ||||||
| 26 | the variance for each unit times the ASE for the unit | ||||||
| |||||||
| |||||||
| 1 | to create a weighted variance for each unit, then | ||||||
| 2 | summing all units' weighted variance and dividing by | ||||||
| 3 | the total ASE of all units. | ||||||
| 4 | (D) For any Organizational Unit, the | ||||||
| 5 | Organizational Unit's Adjusted Local Capacity Target | ||||||
| 6 | shall be reduced by either (i) the school board's | ||||||
| 7 | remaining contribution pursuant to paragraph (ii) of | ||||||
| 8 | subsection (b-4) of Section 16-158 of the Illinois | ||||||
| 9 | Pension Code in a given year, or (ii) the board of | ||||||
| 10 | education's remaining contribution pursuant to | ||||||
| 11 | paragraph (iv) of subsection (b) of Section 17-129 of | ||||||
| 12 | the Illinois Pension Code absent the employer normal | ||||||
| 13 | cost portion of the required contribution and amount | ||||||
| 14 | allowed pursuant to subdivision (3) of Section | ||||||
| 15 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
| 16 | In the preceding sentence, item (i) shall be certified | ||||||
| 17 | to the State Board of Education by the Teachers' | ||||||
| 18 | Retirement System of the State of Illinois and item | ||||||
| 19 | (ii) shall be certified to the State Board of Education | ||||||
| 20 | by the Public School Teachers' Pension and Retirement | ||||||
| 21 | Fund of the City of Chicago. | ||||||
| 22 | (3) If an Organizational Unit's Real Receipts are more | ||||||
| 23 | than its Local Capacity Target, then its Local Capacity | ||||||
| 24 | shall equal an Adjusted Local Capacity Target as calculated | ||||||
| 25 | in accordance with this paragraph (3). The Adjusted Local | ||||||
| 26 | Capacity Target is calculated as the sum of the | ||||||
| |||||||
| |||||||
| 1 | Organizational Unit's Local Capacity Target and its Real | ||||||
| 2 | Receipts Adjustment. The Real Receipts Adjustment equals | ||||||
| 3 | the Organizational Unit's Real Receipts less its Local | ||||||
| 4 | Capacity Target, with the resulting figure multiplied by | ||||||
| 5 | the Local Capacity Percentage. | ||||||
| 6 | As used in this paragraph (3), "Real Percent of | ||||||
| 7 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
| 8 | Receipts, CPPRT, and Base Funding Minimum, with the | ||||||
| 9 | resulting figure divided by the Organizational Unit's | ||||||
| 10 | Adequacy Target. | ||||||
| 11 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV for | ||||||
| 12 | purposes of the Local Capacity calculation. | ||||||
| 13 | (1) An Organizational Unit's Real Receipts are the | ||||||
| 14 | product of its Applicable Tax Rate and its Adjusted EAV. An | ||||||
| 15 | Organizational Unit's Applicable Tax Rate is its Adjusted | ||||||
| 16 | Operating Tax Rate for property within the Organizational | ||||||
| 17 | Unit. | ||||||
| 18 | (2) The State Superintendent shall calculate the | ||||||
| 19 | equalized assessed valuation Equalized Assessed Valuation, | ||||||
| 20 | or EAV, of all taxable property of each Organizational Unit | ||||||
| 21 | as of September 30 of the previous year in accordance with | ||||||
| 22 | paragraph (3) of this subsection (d). The State | ||||||
| 23 | Superintendent shall then determine the Adjusted EAV of | ||||||
| 24 | each Organizational Unit in accordance with paragraph (4) | ||||||
| 25 | of this subsection (d), which Adjusted EAV figure shall be | ||||||
| 26 | used for the purposes of calculating Local Capacity. | ||||||
| |||||||
| |||||||
| 1 | (3) To calculate Real Receipts and EAV, the Department | ||||||
| 2 | of Revenue shall supply to the State Superintendent the | ||||||
| 3 | value as equalized or assessed by the Department of Revenue | ||||||
| 4 | of all taxable property of every Organizational Unit, | ||||||
| 5 | together with (i) the applicable tax rate used in extending | ||||||
| 6 | taxes for the funds of the Organizational Unit as of | ||||||
| 7 | September 30 of the previous year and (ii) the limiting | ||||||
| 8 | rate for all Organizational Units subject to property tax | ||||||
| 9 | extension limitations as imposed under PTELL. | ||||||
| 10 | (A) The Department of Revenue shall add to the | ||||||
| 11 | equalized assessed value of all taxable property of | ||||||
| 12 | each Organizational Unit situated entirely or | ||||||
| 13 | partially within a county that is or was subject to the | ||||||
| 14 | provisions of Section 15-176 or 15-177 of the Property | ||||||
| 15 | Tax Code (i) an amount equal to the total amount by | ||||||
| 16 | which the homestead exemption allowed under Section | ||||||
| 17 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
| 18 | property situated in that Organizational Unit exceeds | ||||||
| 19 | the total amount that would have been allowed in that | ||||||
| 20 | Organizational Unit if the maximum reduction under | ||||||
| 21 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
| 22 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
| 23 | in all counties in tax year 2004 and thereafter and | ||||||
| 24 | (ii) an amount equal to the aggregate amount for the | ||||||
| 25 | taxable year of all additional exemptions under | ||||||
| 26 | Section 15-175 of the Property Tax Code for owners with | ||||||
| |||||||
| |||||||
| 1 | a household income of $30,000 or less. The county clerk | ||||||
| 2 | of any county that is or was subject to the provisions | ||||||
| 3 | of Section 15-176 or 15-177 of the Property Tax Code | ||||||
| 4 | shall annually calculate and certify to the Department | ||||||
| 5 | of Revenue for each Organizational Unit all homestead | ||||||
| 6 | exemption amounts under Section 15-176 or 15-177 of the | ||||||
| 7 | Property Tax Code and all amounts of additional | ||||||
| 8 | exemptions under Section 15-175 of the Property Tax | ||||||
| 9 | Code for owners with a household income of $30,000 or | ||||||
| 10 | less. It is the intent of this subparagraph (A) that if | ||||||
| 11 | the general homestead exemption for a parcel of | ||||||
| 12 | property is determined under Section 15-176 or 15-177 | ||||||
| 13 | of the Property Tax Code rather than Section 15-175, | ||||||
| 14 | then the calculation of EAV shall not be affected by | ||||||
| 15 | the difference, if any, between the amount of the | ||||||
| 16 | general homestead exemption allowed for that parcel of | ||||||
| 17 | property under Section 15-176 or 15-177 of the Property | ||||||
| 18 | Tax Code and the amount that would have been allowed | ||||||
| 19 | had the general homestead exemption for that parcel of | ||||||
| 20 | property been determined under Section 15-175 of the | ||||||
| 21 | Property Tax Code. It is further the intent of this | ||||||
| 22 | subparagraph (A) that if additional exemptions are | ||||||
| 23 | allowed under Section 15-175 of the Property Tax Code | ||||||
| 24 | for owners with a household income of less than | ||||||
| 25 | $30,000, then the calculation of EAV shall not be | ||||||
| 26 | affected by the difference, if any, because of those | ||||||
| |||||||
| |||||||
| 1 | additional exemptions. | ||||||
| 2 | (B) With respect to any part of an Organizational | ||||||
| 3 | Unit within a redevelopment project area in respect to | ||||||
| 4 | which a municipality has adopted tax increment | ||||||
| 5 | allocation financing pursuant to the Tax Increment | ||||||
| 6 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
| 7 | 11 of the Illinois Municipal Code, or the Industrial | ||||||
| 8 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
| 9 | Illinois Municipal Code, no part of the current EAV of | ||||||
| 10 | real property located in any such project area that | ||||||
| 11 | which is attributable to an increase above the total | ||||||
| 12 | initial EAV of such property shall be used as part of | ||||||
| 13 | the EAV of the Organizational Unit, until such time as | ||||||
| 14 | all redevelopment project costs have been paid, as | ||||||
| 15 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
| 16 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
| 17 | of the Industrial Jobs Recovery Law. For the purpose of | ||||||
| 18 | the EAV of the Organizational Unit, the total initial | ||||||
| 19 | EAV or the current EAV, whichever is lower, shall be | ||||||
| 20 | used until such time as all redevelopment project costs | ||||||
| 21 | have been paid. | ||||||
| 22 | (B-5) The real property equalized assessed | ||||||
| 23 | valuation for a school district shall be adjusted by | ||||||
| 24 | subtracting from the real property value, as equalized | ||||||
| 25 | or assessed by the Department of Revenue, for the | ||||||
| 26 | district an amount computed by dividing the amount of | ||||||
| |||||||
| |||||||
| 1 | any abatement of taxes under Section 18-170 of the | ||||||
| 2 | Property Tax Code by 3.00% for a district maintaining | ||||||
| 3 | grades kindergarten through 12, by 2.30% for a district | ||||||
| 4 | maintaining grades kindergarten through 8, or by 1.05% | ||||||
| 5 | for a district maintaining grades 9 through 12 and | ||||||
| 6 | adjusted by an amount computed by dividing the amount | ||||||
| 7 | of any abatement of taxes under subsection (a) of | ||||||
| 8 | Section 18-165 of the Property Tax Code by the same | ||||||
| 9 | percentage rates for district type as specified in this | ||||||
| 10 | subparagraph (B-5). | ||||||
| 11 | (C) For Organizational Units that are Hybrid | ||||||
| 12 | Districts, the State Superintendent shall use the | ||||||
| 13 | lesser of the adjusted equalized assessed valuation | ||||||
| 14 | for property within the partial elementary unit | ||||||
| 15 | district for elementary purposes, as defined in | ||||||
| 16 | Article 11E of this Code, or the adjusted equalized | ||||||
| 17 | assessed valuation for property within the partial | ||||||
| 18 | elementary unit district for high school purposes, as | ||||||
| 19 | defined in Article 11E of this Code. | ||||||
| 20 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
| 21 | average of its EAV over the immediately preceding 3 years | ||||||
| 22 | or its EAV in the immediately preceding year if the EAV in | ||||||
| 23 | the immediately preceding year has declined by 10% or more | ||||||
| 24 | compared to the 3-year average. In the event of | ||||||
| 25 | Organizational Unit reorganization, consolidation, or | ||||||
| 26 | annexation, the Organizational Unit's Adjusted EAV for the | ||||||
| |||||||
| |||||||
| 1 | first 3 years after such change shall be as follows: the | ||||||
| 2 | most current EAV shall be used in the first year, the | ||||||
| 3 | average of a 2-year EAV or its EAV in the immediately | ||||||
| 4 | preceding year if the EAV declines by 10% or more compared | ||||||
| 5 | to the 2-year average for the second year, and a 3-year | ||||||
| 6 | average EAV or its EAV in the immediately preceding year if | ||||||
| 7 | the Adjusted adjusted EAV declines by 10% or more compared | ||||||
| 8 | to the 3-year average for the third year. For any school | ||||||
| 9 | district whose EAV in the immediately preceding year is | ||||||
| 10 | used in calculations, in the following year, the Adjusted | ||||||
| 11 | EAV shall be the average of its EAV over the immediately | ||||||
| 12 | preceding 2 years or the immediately preceding year if that | ||||||
| 13 | year represents a decline of 10% or more compared to the | ||||||
| 14 | 2-year average. | ||||||
| 15 | "PTELL EAV" means a figure calculated by the State | ||||||
| 16 | Board for Organizational Units subject to PTELL as | ||||||
| 17 | described in this paragraph (4) for the purposes of | ||||||
| 18 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
| 19 | Except as otherwise provided in this paragraph (4), the | ||||||
| 20 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
| 21 | product of the equalized assessed valuation last used in | ||||||
| 22 | the calculation of general State aid under Section 18-8.05 | ||||||
| 23 | of this Code (now repealed) or Evidence-Based Funding under | ||||||
| 24 | this Section and the Organizational Unit's Extension | ||||||
| 25 | Limitation Ratio. If an Organizational Unit has approved or | ||||||
| 26 | does approve an increase in its limiting rate, pursuant to | ||||||
| |||||||
| |||||||
| 1 | Section 18-190 of the Property Tax Code, affecting the Base | ||||||
| 2 | Tax Year, the PTELL EAV shall be equal to the product of | ||||||
| 3 | the equalized assessed valuation last used in the | ||||||
| 4 | calculation of general State aid under Section 18-8.05 of | ||||||
| 5 | this Code (now repealed) or Evidence-Based Funding under | ||||||
| 6 | this Section multiplied by an amount equal to one plus the | ||||||
| 7 | percentage increase, if any, in the Consumer Price Index | ||||||
| 8 | for All Urban Consumers for all items published by the | ||||||
| 9 | United States Department of Labor for the 12-month calendar | ||||||
| 10 | year preceding the Base Tax Year, plus the equalized | ||||||
| 11 | assessed valuation of new property, annexed property, and | ||||||
| 12 | recovered tax increment value and minus the equalized | ||||||
| 13 | assessed valuation of disconnected property. | ||||||
| 14 | As used in this paragraph (4), "new property" and | ||||||
| 15 | "recovered tax increment value" shall have the meanings set | ||||||
| 16 | forth in the Property Tax Extension Limitation Law. | ||||||
| 17 | (e) Base Funding Minimum calculation. | ||||||
| 18 | (1) For the 2017-2018 school year, the Base Funding | ||||||
| 19 | Minimum of an Organizational Unit or a Specially Funded | ||||||
| 20 | Unit shall be the amount of State funds distributed to the | ||||||
| 21 | Organizational Unit or Specially Funded Unit during the | ||||||
| 22 | 2016-2017 school year prior to any adjustments and | ||||||
| 23 | specified appropriation amounts described in this | ||||||
| 24 | paragraph (1) from the following Sections, as calculated by | ||||||
| 25 | the State Superintendent: Section 18-8.05 of this Code (now | ||||||
| 26 | repealed); Section 5 of Article 224 of Public Act 99-524 | ||||||
| |||||||
| |||||||
| 1 | (equity grants); Section 14-7.02b of this Code (funding for | ||||||
| 2 | children requiring special education services); Section | ||||||
| 3 | 14-13.01 of this Code (special education facilities and | ||||||
| 4 | staffing), except for reimbursement of the cost of | ||||||
| 5 | transportation pursuant to Section 14-13.01; Section | ||||||
| 6 | 14C-12 of this Code (English learners); and Section 18-4.3 | ||||||
| 7 | of this Code (summer school), based on an appropriation | ||||||
| 8 | level of $13,121,600. For a school district organized under | ||||||
| 9 | Article 34 of this Code, the Base Funding Minimum also | ||||||
| 10 | includes (i) the funds allocated to the school district | ||||||
| 11 | pursuant to Section 1D-1 of this Code attributable to | ||||||
| 12 | funding programs authorized by the Sections of this Code | ||||||
| 13 | listed in the preceding sentence; and (ii) the difference | ||||||
| 14 | between (I) the funds allocated to the school district | ||||||
| 15 | pursuant to Section 1D-1 of this Code attributable to the | ||||||
| 16 | funding programs authorized by Section 14-7.02 (non-public | ||||||
| 17 | special education reimbursement), subsection (b) of | ||||||
| 18 | Section 14-13.01 (special education transportation), | ||||||
| 19 | Section 29-5 (transportation), Section 2-3.80 | ||||||
| 20 | (agricultural education), Section 2-3.66 (truants' | ||||||
| 21 | alternative education), Section 2-3.62 (educational | ||||||
| 22 | service centers), and Section 14-7.03 (special education - | ||||||
| 23 | orphanage) of this Code and Section 15 of the Childhood | ||||||
| 24 | Hunger Relief Act (free breakfast program) and (II) the | ||||||
| 25 | school district's actual expenditures for its non-public | ||||||
| 26 | special education, special education transportation, | ||||||
| |||||||
| |||||||
| 1 | transportation programs, agricultural education, truants' | ||||||
| 2 | alternative education, services that would otherwise be | ||||||
| 3 | performed by a regional office of education, special | ||||||
| 4 | education orphanage expenditures, and free breakfast, as | ||||||
| 5 | most recently calculated and reported pursuant to | ||||||
| 6 | subsection (f) of Section 1D-1 of this Code. The Base | ||||||
| 7 | Funding Minimum for Glenwood Academy shall be $625,500. For | ||||||
| 8 | programs operated by a regional office of education or an | ||||||
| 9 | intermediate service center, the Base Funding Minimum must | ||||||
| 10 | be the total amount of State funds allocated to those | ||||||
| 11 | programs in the 2018-2019 school year and amounts provided | ||||||
| 12 | pursuant to Article 34 of Public Act 100-586 and Section | ||||||
| 13 | 3-16 of this Code. All programs established after June 5, | ||||||
| 14 | 2019 (the effective date of Public Act 101-10) this | ||||||
| 15 | amendatory Act of the 101st General Assembly and | ||||||
| 16 | administered by a regional office of education or an | ||||||
| 17 | intermediate service center must have an initial Base | ||||||
| 18 | Funding Minimum set to an amount equal to the first-year | ||||||
| 19 | ASE multiplied by the amount of per pupil funding received | ||||||
| 20 | in the previous school year by the lowest funded similar | ||||||
| 21 | existing program type. If the enrollment for a program | ||||||
| 22 | operated by a regional office of education or an | ||||||
| 23 | intermediate service center is zero, then it may not | ||||||
| 24 | receive Base Funding Minimum funds for that program in the | ||||||
| 25 | next fiscal year, and those funds must be distributed to | ||||||
| 26 | Organizational Units under subsection (g). | ||||||
| |||||||
| |||||||
| 1 | (2) For the 2018-2019 and subsequent school years, the | ||||||
| 2 | Base Funding Minimum of Organizational Units and Specially | ||||||
| 3 | Funded Units shall be the sum of (i) the amount of | ||||||
| 4 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
| 5 | Base Funding Minimum for the prior school year, and (iii) | ||||||
| 6 | any amount received by a school district pursuant to | ||||||
| 7 | Section 7 of Article 97 of Public Act 100-21. | ||||||
| 8 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
| 9 | (1) The Evidence-Based Funding formula establishes a | ||||||
| 10 | Percent of Adequacy for each Organizational Unit in order | ||||||
| 11 | to place such units into tiers for the purposes of the | ||||||
| 12 | funding distribution system described in subsection (g) of | ||||||
| 13 | this Section. Initially, an Organizational Unit's | ||||||
| 14 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
| 15 | are calculated pursuant to paragraph (2) of this subsection | ||||||
| 16 | (f). Then, an Organizational Unit's Final Resources and | ||||||
| 17 | Final Percent of Adequacy are calculated to account for the | ||||||
| 18 | Organizational Unit's poverty concentration levels | ||||||
| 19 | pursuant to paragraphs (3) and (4) of this subsection (f). | ||||||
| 20 | (2) An Organizational Unit's Preliminary Resources are | ||||||
| 21 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
| 22 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
| 23 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
| 24 | Resources divided by its Adequacy Target or (ii) 100%. | ||||||
| 25 | (3) Except for Specially Funded Units, an | ||||||
| 26 | Organizational Unit's Final Resources are equal the sum of | ||||||
| |||||||
| |||||||
| 1 | its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
| 2 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
| 3 | Unit shall serve as its Final Resources, except that the | ||||||
| 4 | Base Funding Minimum for State-approved charter schools | ||||||
| 5 | shall not include any portion of general State aid | ||||||
| 6 | allocated in the prior year based on the per capita tuition | ||||||
| 7 | charge times the charter school enrollment. | ||||||
| 8 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
| 9 | is its Final Resources divided by its Adequacy Target. An | ||||||
| 10 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
| 11 | equal to its Base Funding Minimum less its Supplemental | ||||||
| 12 | Grant Funding, with the resulting figure added to the | ||||||
| 13 | product of its Supplemental Grant Funding and Preliminary | ||||||
| 14 | Percent of Adequacy. | ||||||
| 15 | (g) Evidence-Based Funding formula distribution system. | ||||||
| 16 | (1) In each school year under the Evidence-Based | ||||||
| 17 | Funding formula, each Organizational Unit receives funding | ||||||
| 18 | equal to the sum of its Base Funding Minimum and the unit's | ||||||
| 19 | allocation of New State Funds determined pursuant to this | ||||||
| 20 | subsection (g). To allocate New State Funds, the | ||||||
| 21 | Evidence-Based Funding formula distribution system first | ||||||
| 22 | places all Organizational Units into one of 4 tiers in | ||||||
| 23 | accordance with paragraph (3) of this subsection (g), based | ||||||
| 24 | on the Organizational Unit's Final Percent of Adequacy. New | ||||||
| 25 | State Funds are allocated to each of the 4 tiers as | ||||||
| 26 | follows: Tier 1 Aggregate Funding equals 50% of all New | ||||||
| |||||||
| |||||||
| 1 | State Funds, Tier 2 Aggregate Funding equals 49% of all New | ||||||
| 2 | State Funds, Tier 3 Aggregate Funding equals 0.9% of all | ||||||
| 3 | New State Funds, and Tier 4 Aggregate Funding equals 0.1% | ||||||
| 4 | of all New State Funds. Each Organizational Unit within | ||||||
| 5 | Tier 1 or Tier 2 receives an allocation of New State Funds | ||||||
| 6 | equal to its tier Funding Gap, as defined in the following | ||||||
| 7 | sentence, multiplied by the tier's Allocation Rate | ||||||
| 8 | determined pursuant to paragraph (4) of this subsection | ||||||
| 9 | (g). For Tier 1, an Organizational Unit's Funding Gap | ||||||
| 10 | equals the tier's Target Ratio, as specified in paragraph | ||||||
| 11 | (5) of this subsection (g), multiplied by the | ||||||
| 12 | Organizational Unit's Adequacy Target, with the resulting | ||||||
| 13 | amount reduced by the Organizational Unit's Final | ||||||
| 14 | Resources. For Tier 2, an Organizational Unit's Funding Gap | ||||||
| 15 | equals the tier's Target Ratio, as described in paragraph | ||||||
| 16 | (5) of this subsection (g), multiplied by the | ||||||
| 17 | Organizational Unit's Adequacy Target, with the resulting | ||||||
| 18 | amount reduced by the Organizational Unit's Final | ||||||
| 19 | Resources and its Tier 1 funding allocation. To determine | ||||||
| 20 | the Organizational Unit's Funding Gap, the resulting | ||||||
| 21 | amount is then multiplied by a factor equal to one minus | ||||||
| 22 | the Organizational Unit's Local Capacity Target | ||||||
| 23 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
| 24 | 4 receives an allocation of New State Funds equal to the | ||||||
| 25 | product of its Adequacy Target and the tier's Allocation | ||||||
| 26 | Rate, as specified in paragraph (4) of this subsection (g). | ||||||
| |||||||
| |||||||
| 1 | (2) To ensure equitable distribution of dollars for all | ||||||
| 2 | Tier 2 Organizational Units, no Tier 2 Organizational Unit | ||||||
| 3 | shall receive fewer dollars per ASE than any Tier 3 | ||||||
| 4 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
| 5 | Unit shall have its funding allocation divided by its ASE. | ||||||
| 6 | Any Tier 2 Organizational Unit with a funding allocation | ||||||
| 7 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
| 8 | get a funding allocation equal to the greatest Tier 3 | ||||||
| 9 | funding allocation per ASE multiplied by the | ||||||
| 10 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
| 11 | Unit's Tier 2 funding allocation shall be multiplied by the | ||||||
| 12 | percentage calculated by dividing the original Tier 2 | ||||||
| 13 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
| 14 | Units' Unit's Tier 2 funding allocation after adjusting | ||||||
| 15 | districts' funding below Tier 3 levels. | ||||||
| 16 | (3) Organizational Units are placed into one of 4 tiers | ||||||
| 17 | as follows: | ||||||
| 18 | (A) Tier 1 consists of all Organizational Units, | ||||||
| 19 | except for Specially Funded Units, with a Percent of | ||||||
| 20 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
| 21 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
| 22 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
| 23 | Allocation Rate determined pursuant to paragraph (4) | ||||||
| 24 | of this subsection (g). | ||||||
| 25 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
| 26 | other Organizational Units, except for Specially | ||||||
| |||||||
| |||||||
| 1 | Funded Units, with a Percent of Adequacy of less than | ||||||
| 2 | 0.90. | ||||||
| 3 | (C) Tier 3 consists of all Organizational Units, | ||||||
| 4 | except for Specially Funded Units, with a Percent of | ||||||
| 5 | Adequacy of at least 0.90 and less than 1.0. | ||||||
| 6 | (D) Tier 4 consists of all Organizational Units | ||||||
| 7 | with a Percent of Adequacy of at least 1.0. | ||||||
| 8 | (4) The Allocation Rates for Tiers 1 through 4 are is | ||||||
| 9 | determined as follows: | ||||||
| 10 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
| 11 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
| 12 | following equation: Tier 2 Aggregate Funding, divided | ||||||
| 13 | by the sum of the Funding Gaps for all Tier 2 | ||||||
| 14 | Organizational Units, unless the result of such | ||||||
| 15 | equation is higher than 1.0. If the result of such | ||||||
| 16 | equation is higher than 1.0, then the Tier 2 Allocation | ||||||
| 17 | Rate is 1.0. | ||||||
| 18 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
| 19 | following equation: Tier 3
Aggregate Funding, divided | ||||||
| 20 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
| 21 | Organizational
Units. | ||||||
| 22 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
| 23 | following equation: Tier 4
Aggregate Funding, divided | ||||||
| 24 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
| 25 | Organizational
Units. | ||||||
| 26 | (5) A tier's Target Ratio is determined as follows: | ||||||
| |||||||
| |||||||
| 1 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
| 2 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
| 3 | with the Tier 1 Allocation Rate. | ||||||
| 4 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
| 5 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
| 6 | (6) If, at any point, the Tier 1 Target Ratio is | ||||||
| 7 | greater than 90%, than all Tier 1 funding shall be | ||||||
| 8 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
| 9 | funding may be identified. | ||||||
| 10 | (7) In the event that all Tier 2 Organizational Units | ||||||
| 11 | receive funding at the Tier 2 Target Ratio level, any | ||||||
| 12 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
| 13 | Tier 4 Organizational Units. | ||||||
| 14 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
| 15 | Academy, recognized by the State Board do not qualify for | ||||||
| 16 | direct funding following the implementation of Public Act | ||||||
| 17 | 100-465 this amendatory Act of the 100th General Assembly | ||||||
| 18 | from any of the funding sources included within the | ||||||
| 19 | definition of Base Funding Minimum, the unqualified | ||||||
| 20 | portion of the Base Funding Minimum shall be transferred to | ||||||
| 21 | one or more appropriate Organizational Units as determined | ||||||
| 22 | by the State Superintendent based on the prior year ASE of | ||||||
| 23 | the Organizational Units. | ||||||
| 24 | (8.5) If a school district withdraws from a special | ||||||
| 25 | education cooperative, the portion of the Base Funding | ||||||
| 26 | Minimum that is attributable to the school district may be | ||||||
| |||||||
| |||||||
| 1 | redistributed to the school district upon withdrawal. The | ||||||
| 2 | school district and the cooperative must include the amount | ||||||
| 3 | of the Base Funding Minimum that is to be reapportioned | ||||||
| 4 | re-apportioned in their withdrawal agreement and notify | ||||||
| 5 | the State Board of the change with a copy of the agreement | ||||||
| 6 | upon withdrawal. | ||||||
| 7 | (9) The Minimum Funding Level is intended to establish | ||||||
| 8 | a target for State funding that will keep pace with | ||||||
| 9 | inflation and continue to advance equity through the | ||||||
| 10 | Evidence-Based Funding formula. The target for State | ||||||
| 11 | funding of New Property Tax Relief Pool Funds is | ||||||
| 12 | $50,000,000 for State fiscal year 2019 and subsequent State | ||||||
| 13 | fiscal years. The Minimum Funding Level is equal to | ||||||
| 14 | $350,000,000. In addition to any New State Funds, no more | ||||||
| 15 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
| 16 | counted toward towards the Minimum Funding Level. If the | ||||||
| 17 | sum of New State Funds and applicable New Property Tax | ||||||
| 18 | Relief Pool Funds are less than the Minimum Funding Level, | ||||||
| 19 | than funding for tiers shall be reduced in the following | ||||||
| 20 | manner: | ||||||
| 21 | (A) First, Tier 4 funding shall be reduced by an | ||||||
| 22 | amount equal to the difference between the Minimum | ||||||
| 23 | Funding Level and New State Funds until such time as | ||||||
| 24 | Tier 4 funding is exhausted. | ||||||
| 25 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
| 26 | amount equal to the difference between the Minimum | ||||||
| |||||||
| |||||||
| 1 | Funding Level and New State Funds and the reduction in | ||||||
| 2 | Tier 4 funding until such time as Tier 3 funding is | ||||||
| 3 | exhausted. | ||||||
| 4 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
| 5 | amount equal to the difference between the Minimum | ||||||
| 6 | Funding Level level and New new State Funds and the | ||||||
| 7 | reduction in Tier 4 and Tier 3. | ||||||
| 8 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
| 9 | amount equal to the difference between the Minimum | ||||||
| 10 | Funding level and New State Funds and the reduction in | ||||||
| 11 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
| 12 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
| 13 | to the Tier 1 Allocation Rate allocation rate set by | ||||||
| 14 | paragraph (4) of this subsection (g), multiplied by the | ||||||
| 15 | result of New State Funds divided by the Minimum | ||||||
| 16 | Funding Level. | ||||||
| 17 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
| 18 | fiscal years, if New State Funds exceed $300,000,000, then | ||||||
| 19 | any amount in excess of $300,000,000 shall be dedicated for | ||||||
| 20 | purposes of Section 2-3.170 of this Code up to a maximum of | ||||||
| 21 | $50,000,000. | ||||||
| 22 | (10) In the event of a decrease in the amount of the | ||||||
| 23 | appropriation for this Section in any fiscal year after | ||||||
| 24 | implementation of this Section, the Organizational Units | ||||||
| 25 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
| 26 | paragraph (3) of this subsection (g), shall be held | ||||||
| |||||||
| |||||||
| 1 | harmless by establishing a Base Funding Guarantee equal to | ||||||
| 2 | the per pupil kindergarten through grade 12 funding | ||||||
| 3 | received in accordance with this Section in the prior | ||||||
| 4 | fiscal year. Reductions shall be
made to the Base Funding | ||||||
| 5 | Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||||||
| 6 | per pupil basis equivalent to the total number of the ASE | ||||||
| 7 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
| 8 | divided by the total reduction in State funding. The Base
| ||||||
| 9 | Funding Minimum as reduced shall continue to be applied to | ||||||
| 10 | Tier 3 and Tier 4
Organizational Units and adjusted by the | ||||||
| 11 | relative formula when increases in
appropriations for this | ||||||
| 12 | Section resume. In no event may State funding reductions to
| ||||||
| 13 | Organizational Units in Tier 3 or Tier 4 exceed an amount | ||||||
| 14 | that would be less than the
Base Funding Minimum | ||||||
| 15 | established in the first year of implementation of this
| ||||||
| 16 | Section. If additional reductions are required, all school | ||||||
| 17 | districts shall receive a
reduction by a per pupil amount | ||||||
| 18 | equal to the aggregate additional appropriation
reduction | ||||||
| 19 | divided by the total ASE of all Organizational Units. | ||||||
| 20 | (11) The State Superintendent shall make minor | ||||||
| 21 | adjustments to the distribution formula set forth in this | ||||||
| 22 | subsection (g) to account for the rounding of percentages | ||||||
| 23 | to the nearest tenth of a percentage and dollar amounts to | ||||||
| 24 | the nearest whole dollar. | ||||||
| 25 | (h) State Superintendent administration of funding and | ||||||
| 26 | district submission requirements. | ||||||
| |||||||
| |||||||
| 1 | (1) The State Superintendent shall, in accordance with | ||||||
| 2 | appropriations made by the General Assembly, meet the | ||||||
| 3 | funding obligations created under this Section. | ||||||
| 4 | (2) The State Superintendent shall calculate the | ||||||
| 5 | Adequacy Target for each Organizational Unit and Net State | ||||||
| 6 | Contribution Target for each Organizational Unit under | ||||||
| 7 | this Section. No Evidence-Based Funding shall be | ||||||
| 8 | distributed within an Organizational Unit without the | ||||||
| 9 | approval of the unit's school board. | ||||||
| 10 | (3) Annually, the State Superintendent shall calculate | ||||||
| 11 | and report to each Organizational Unit the unit's aggregate | ||||||
| 12 | financial adequacy amount, which shall be the sum of the | ||||||
| 13 | Adequacy Target for each Organizational Unit. The State | ||||||
| 14 | Superintendent shall calculate and report separately for | ||||||
| 15 | each Organizational Unit the unit's total State funds | ||||||
| 16 | allocated for its students with disabilities. The State | ||||||
| 17 | Superintendent shall calculate and report separately for | ||||||
| 18 | each Organizational Unit the amount of funding and | ||||||
| 19 | applicable FTE calculated for each Essential Element of the | ||||||
| 20 | unit's Adequacy Target. | ||||||
| 21 | (4) Annually, the State Superintendent shall calculate | ||||||
| 22 | and report to each Organizational Unit the amount the unit | ||||||
| 23 | must expend on special education and bilingual education | ||||||
| 24 | and computer technology and equipment for Organizational | ||||||
| 25 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
| 26 | additional $285.50 per student computer technology and | ||||||
| |||||||
| |||||||
| 1 | equipment investment grant to their Adequacy Target | ||||||
| 2 | pursuant to the unit's Base Funding Minimum, Special | ||||||
| 3 | Education Allocation, Bilingual Education Allocation, and | ||||||
| 4 | computer technology and equipment investment allocation. | ||||||
| 5 | (5) Moneys distributed under this Section shall be | ||||||
| 6 | calculated on a school year basis, but paid on a fiscal | ||||||
| 7 | year basis, with payments beginning in August and extending | ||||||
| 8 | through June. Unless otherwise provided, the moneys | ||||||
| 9 | appropriated for each fiscal year shall be distributed in | ||||||
| 10 | 22 equal payments at least 2 times monthly to each | ||||||
| 11 | Organizational Unit. If moneys appropriated for any fiscal | ||||||
| 12 | year are distributed other than monthly, the distribution | ||||||
| 13 | shall be on the same basis for each Organizational Unit. | ||||||
| 14 | (6) Any school district that fails, for any given | ||||||
| 15 | school year, to maintain school as required by law or to | ||||||
| 16 | maintain a recognized school is not eligible to receive | ||||||
| 17 | Evidence-Based Funding. In case of non-recognition of one | ||||||
| 18 | or more attendance centers in a school district otherwise | ||||||
| 19 | operating recognized schools, the claim of the district | ||||||
| 20 | shall be reduced in the proportion that the enrollment in | ||||||
| 21 | the attendance center or centers bears to the enrollment of | ||||||
| 22 | the school district. "Recognized school" means any public | ||||||
| 23 | school that meets the standards for recognition by the | ||||||
| 24 | State Board. A school district or attendance center not | ||||||
| 25 | having recognition status at the end of a school term is | ||||||
| 26 | entitled to receive State aid payments due upon a legal | ||||||
| |||||||
| |||||||
| 1 | claim that was filed while it was recognized. | ||||||
| 2 | (7) School district claims filed under this Section are | ||||||
| 3 | subject to Sections 18-9 and 18-12 of this Code, except as | ||||||
| 4 | otherwise provided in this Section. | ||||||
| 5 | (8) Each fiscal year, the State Superintendent shall | ||||||
| 6 | calculate for each Organizational Unit an amount of its | ||||||
| 7 | Base Funding Minimum and Evidence-Based Funding that shall | ||||||
| 8 | be deemed attributable to the provision of special | ||||||
| 9 | educational facilities and services, as defined in Section | ||||||
| 10 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
| 11 | with maintenance of State financial support requirements | ||||||
| 12 | under the federal Individuals with Disabilities Education | ||||||
| 13 | Act. An Organizational Unit must use such funds only for | ||||||
| 14 | the provision of special educational facilities and | ||||||
| 15 | services, as defined in Section 14-1.08 of this Code, and | ||||||
| 16 | must comply with any expenditure verification procedures | ||||||
| 17 | adopted by the State Board. | ||||||
| 18 | (9) All Organizational Units in this State must submit | ||||||
| 19 | annual spending plans by the end of September of each year | ||||||
| 20 | to the State Board as part of the annual budget process, | ||||||
| 21 | which shall describe how each Organizational Unit will | ||||||
| 22 | utilize the Base Funding Minimum Funding and | ||||||
| 23 | Evidence-Based Funding funding it receives from this State | ||||||
| 24 | under this Section with specific identification of the | ||||||
| 25 | intended utilization of Low-Income, English learner, and | ||||||
| 26 | special education resources. Additionally, the annual | ||||||
| |||||||
| |||||||
| 1 | spending plans of each Organizational Unit shall describe | ||||||
| 2 | how the Organizational Unit expects to achieve student | ||||||
| 3 | growth and how the Organizational Unit will achieve State | ||||||
| 4 | education goals, as defined by the State Board. The State | ||||||
| 5 | Superintendent may, from time to time, identify additional | ||||||
| 6 | requisites for Organizational Units to satisfy when | ||||||
| 7 | compiling the annual spending plans required under this | ||||||
| 8 | subsection (h). The format and scope of annual spending | ||||||
| 9 | plans shall be developed by the State Superintendent and | ||||||
| 10 | the State Board of Education. School districts that serve | ||||||
| 11 | students under Article 14C of this Code shall continue to | ||||||
| 12 | submit information as required under Section 14C-12 of this | ||||||
| 13 | Code. | ||||||
| 14 | (10) No later than January 1, 2018, the State | ||||||
| 15 | Superintendent shall develop a 5-year strategic plan for | ||||||
| 16 | all Organizational Units to help in planning for adequacy | ||||||
| 17 | funding under this Section. The State Superintendent shall | ||||||
| 18 | submit the plan to the Governor and the General Assembly, | ||||||
| 19 | as provided in Section 3.1 of the General Assembly | ||||||
| 20 | Organization Act. The plan shall include recommendations | ||||||
| 21 | for: | ||||||
| 22 | (A) a framework for collaborative, professional, | ||||||
| 23 | innovative, and 21st century learning environments | ||||||
| 24 | using the Evidence-Based Funding model; | ||||||
| 25 | (B) ways to prepare and support this State's | ||||||
| 26 | educators for successful instructional careers; | ||||||
| |||||||
| |||||||
| 1 | (C) application and enhancement of the current | ||||||
| 2 | financial accountability measures, the approved State | ||||||
| 3 | plan to comply with the federal Every Student Succeeds | ||||||
| 4 | Act, and the Illinois Balanced Accountability Measures | ||||||
| 5 | in relation to student growth and elements of the | ||||||
| 6 | Evidence-Based Funding model; and | ||||||
| 7 | (D) implementation of an effective school adequacy | ||||||
| 8 | funding system based on projected and recommended | ||||||
| 9 | funding levels from the General Assembly. | ||||||
| 10 | (11) On an annual basis, the State Superintendent
must | ||||||
| 11 | recalibrate all of the following per pupil elements of the | ||||||
| 12 | Adequacy Target and applied to the formulas, based on the | ||||||
| 13 | study of average expenses and as reported in the most | ||||||
| 14 | recent annual financial report: | ||||||
| 15 | (A) Gifted under subparagraph (M) of paragraph
(2) | ||||||
| 16 | of subsection (b). | ||||||
| 17 | (B) Instructional materials under subparagraph
(O) | ||||||
| 18 | of paragraph (2) of subsection (b). | ||||||
| 19 | (C) Assessment under subparagraph (P) of
paragraph | ||||||
| 20 | (2) of subsection (b). | ||||||
| 21 | (D) Student activities under subparagraph (R) of
| ||||||
| 22 | paragraph (2) of subsection (b). | ||||||
| 23 | (E) Maintenance and operations under subparagraph
| ||||||
| 24 | (S) of paragraph (2) of subsection (b). | ||||||
| 25 | (F) Central office under subparagraph (T) of
| ||||||
| 26 | paragraph (2) of subsection (b). | ||||||
| |||||||
| |||||||
| 1 | (i) Professional Review Panel. | ||||||
| 2 | (1) A Professional Review Panel is created to study and | ||||||
| 3 | review topics related to the implementation and effect of | ||||||
| 4 | Evidence-Based Funding, as assigned by a joint resolution | ||||||
| 5 | or Public Act of the General Assembly or a motion passed by | ||||||
| 6 | the State Board of Education. The Panel must provide | ||||||
| 7 | recommendations to and serve the Governor, the General | ||||||
| 8 | Assembly, and the State Board. The State Superintendent or | ||||||
| 9 | his or her designee must serve as a voting member and | ||||||
| 10 | chairperson of the Panel. The State Superintendent must | ||||||
| 11 | appoint a vice chairperson from the membership of the | ||||||
| 12 | Panel. The Panel must advance recommendations based on a | ||||||
| 13 | three-fifths majority vote of Panel panel members present | ||||||
| 14 | and voting. A minority opinion may also accompany any | ||||||
| 15 | recommendation of the Panel. The Panel shall be appointed | ||||||
| 16 | by the State Superintendent, except as otherwise provided | ||||||
| 17 | in paragraph (2) of this subsection (i) and include the | ||||||
| 18 | following members: | ||||||
| 19 | (A) Two appointees that represent district | ||||||
| 20 | superintendents, recommended by a statewide | ||||||
| 21 | organization that represents district superintendents. | ||||||
| 22 | (B) Two appointees that represent school boards, | ||||||
| 23 | recommended by a statewide organization that | ||||||
| 24 | represents school boards. | ||||||
| 25 | (C) Two appointees from districts that represent | ||||||
| 26 | school business officials, recommended by a statewide | ||||||
| |||||||
| |||||||
| 1 | organization that represents school business | ||||||
| 2 | officials. | ||||||
| 3 | (D) Two appointees that represent school | ||||||
| 4 | principals, recommended by a statewide organization | ||||||
| 5 | that represents school principals. | ||||||
| 6 | (E) Two appointees that represent teachers, | ||||||
| 7 | recommended by a statewide organization that | ||||||
| 8 | represents teachers. | ||||||
| 9 | (F) Two appointees that represent teachers, | ||||||
| 10 | recommended by another statewide organization that | ||||||
| 11 | represents teachers. | ||||||
| 12 | (G) Two appointees that represent regional | ||||||
| 13 | superintendents of schools, recommended by | ||||||
| 14 | organizations that represent regional superintendents. | ||||||
| 15 | (H) Two independent experts selected solely by the | ||||||
| 16 | State Superintendent. | ||||||
| 17 | (I) Two independent experts recommended by public | ||||||
| 18 | universities in this State. | ||||||
| 19 | (J) One member recommended by a statewide | ||||||
| 20 | organization that represents parents. | ||||||
| 21 | (K) Two representatives recommended by collective | ||||||
| 22 | impact organizations that represent major metropolitan | ||||||
| 23 | areas or geographic areas in Illinois. | ||||||
| 24 | (L) One member from a statewide organization | ||||||
| 25 | focused on research-based education policy to support | ||||||
| 26 | a school system that prepares all students for college, | ||||||
| |||||||
| |||||||
| 1 | a career, and democratic citizenship. | ||||||
| 2 | (M) One representative from a school district | ||||||
| 3 | organized under Article 34 of this Code. | ||||||
| 4 | The State Superintendent shall ensure that the | ||||||
| 5 | membership of the Panel includes representatives from | ||||||
| 6 | school districts and communities reflecting the | ||||||
| 7 | geographic, socio-economic, racial, and ethnic diversity | ||||||
| 8 | of this State. The State Superintendent shall additionally | ||||||
| 9 | ensure that the membership of the Panel includes | ||||||
| 10 | representatives with expertise in bilingual education and | ||||||
| 11 | special education. Staff from the State Board shall staff | ||||||
| 12 | the Panel. | ||||||
| 13 | (2) In addition to those Panel members appointed by the | ||||||
| 14 | State Superintendent, 4 members of the General Assembly | ||||||
| 15 | shall be appointed as follows: one member of the House of | ||||||
| 16 | Representatives appointed by the Speaker of the House of | ||||||
| 17 | Representatives, one member of the Senate appointed by the | ||||||
| 18 | President of the Senate, one member of the House of | ||||||
| 19 | Representatives appointed by the Minority Leader of the | ||||||
| 20 | House of Representatives, and one member of the Senate | ||||||
| 21 | appointed by the Minority Leader of the Senate. There shall | ||||||
| 22 | be one additional member appointed by the Governor. All | ||||||
| 23 | members appointed by legislative leaders or the Governor | ||||||
| 24 | shall be non-voting, ex officio members. | ||||||
| 25 | (3) The Panel must study topics at the direction of the | ||||||
| 26 | General Assembly or State Board of Education, as provided | ||||||
| |||||||
| |||||||
| 1 | under paragraph (1). The Panel may also study the following | ||||||
| 2 | topics at the direction of the chairperson: (4) | ||||||
| 3 | (A) The format and scope of annual spending plans | ||||||
| 4 | referenced in paragraph (9) of subsection (h) of this | ||||||
| 5 | Section. | ||||||
| 6 | (B) The Comparable Wage Index under this Section. | ||||||
| 7 | (C) Maintenance and operations, including capital | ||||||
| 8 | maintenance and construction costs. | ||||||
| 9 | (D) "At-risk student" definition. | ||||||
| 10 | (E) Benefits. | ||||||
| 11 | (F) Technology. | ||||||
| 12 | (G) Local Capacity Target. | ||||||
| 13 | (H) Funding for Alternative Schools, Laboratory | ||||||
| 14 | Schools, safe schools, and alternative learning | ||||||
| 15 | opportunities programs. | ||||||
| 16 | (I) Funding for college and career acceleration | ||||||
| 17 | strategies. | ||||||
| 18 | (J) Special education investments. | ||||||
| 19 | (K) Early childhood investments, in collaboration | ||||||
| 20 | with the Illinois Early Learning Council. | ||||||
| 21 | (4) (Blank). | ||||||
| 22 | (5) Within 5 years after the implementation of this | ||||||
| 23 | Section, and every 5 years thereafter, the Panel shall | ||||||
| 24 | complete an evaluative study of the entire Evidence-Based | ||||||
| 25 | Funding model, including an assessment of whether or not | ||||||
| 26 | the formula is achieving State goals. The Panel shall | ||||||
| |||||||
| |||||||
| 1 | report to the State Board, the General Assembly, and the | ||||||
| 2 | Governor on the findings of the study. | ||||||
| 3 | (6) (Blank). | ||||||
| 4 | (j) References. Beginning July 1, 2017, references in other | ||||||
| 5 | laws to general State aid funds or calculations under Section | ||||||
| 6 | 18-8.05 of this Code (now repealed) shall be deemed to be | ||||||
| 7 | references to evidence-based model formula funds or | ||||||
| 8 | calculations under this Section.
| ||||||
| 9 | (Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18; | ||||||
| 10 | 100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff. | ||||||
| 11 | 6-14-19; revised 7-1-19.)
| ||||||
| 12 | (105 ILCS 5/21B-45) | ||||||
| 13 | Sec. 21B-45. Professional Educator License renewal. | ||||||
| 14 | (a) Individuals holding a Professional Educator License | ||||||
| 15 | are required to complete the licensure renewal requirements as | ||||||
| 16 | specified in this Section, unless otherwise provided in this | ||||||
| 17 | Code. | ||||||
| 18 | Individuals holding a Professional Educator License shall | ||||||
| 19 | meet the renewal requirements set forth in this Section, unless | ||||||
| 20 | otherwise provided in this Code. If an individual holds a | ||||||
| 21 | license endorsed in more than one area that has different | ||||||
| 22 | renewal requirements, that individual shall follow the renewal | ||||||
| 23 | requirements for the position for which he or she spends the | ||||||
| 24 | majority of his or her time working. | ||||||
| 25 | (b) All Professional Educator Licenses not renewed as | ||||||
| |||||||
| |||||||
| 1 | provided in this Section shall lapse on September 1 of that | ||||||
| 2 | year. Notwithstanding any other provisions of this Section, if | ||||||
| 3 | a license holder's electronic mail address is available, the | ||||||
| 4 | State Board of Education shall send him or her notification | ||||||
| 5 | electronically that his or her license will lapse if not | ||||||
| 6 | renewed, to be sent no more than 6 months prior to the license | ||||||
| 7 | lapsing. Lapsed licenses may be immediately reinstated upon (i) | ||||||
| 8 | payment by the applicant of a $500 penalty to the State Board | ||||||
| 9 | of Education or (ii) the demonstration of proficiency by | ||||||
| 10 | completing 9 semester hours of coursework from a regionally | ||||||
| 11 | accredited institution of higher education in the content area | ||||||
| 12 | that most aligns with one or more of the educator's endorsement | ||||||
| 13 | areas. Any and all back fees, including without limitation | ||||||
| 14 | registration fees owed from the time of expiration of the | ||||||
| 15 | license until the date of reinstatement, shall be paid and kept | ||||||
| 16 | in accordance with the provisions in Article 3 of this Code | ||||||
| 17 | concerning an institute fund and the provisions in Article 21B | ||||||
| 18 | of this Code concerning fees and requirements for registration. | ||||||
| 19 | Licenses not registered in accordance with Section 21B-40 of | ||||||
| 20 | this Code shall lapse after a period of 6 months from the | ||||||
| 21 | expiration of the last year of registration or on January 1 of | ||||||
| 22 | the fiscal year following initial issuance of the license. An | ||||||
| 23 | unregistered license is invalid after September 1 for | ||||||
| 24 | employment and performance of services in an Illinois public or | ||||||
| 25 | State-operated school or cooperative and in a charter school. | ||||||
| 26 | Any license or endorsement may be voluntarily surrendered by | ||||||
| |||||||
| |||||||
| 1 | the license holder. A voluntarily surrendered license shall be | ||||||
| 2 | treated as a revoked license. An Educator License with | ||||||
| 3 | Stipulations with only a paraprofessional endorsement does not | ||||||
| 4 | lapse.
| ||||||
| 5 | (c) From July 1, 2013 through June 30, 2014, in order to | ||||||
| 6 | satisfy the requirements for licensure renewal provided for in | ||||||
| 7 | this Section, each professional educator licensee with an | ||||||
| 8 | administrative endorsement who is working in a position | ||||||
| 9 | requiring such endorsement shall complete one Illinois | ||||||
| 10 | Administrators' Academy course, as described in Article 2 of | ||||||
| 11 | this Code, per fiscal year. | ||||||
| 12 | (d) Beginning July 1, 2014, in order to satisfy the | ||||||
| 13 | requirements for licensure renewal provided for in this | ||||||
| 14 | Section, each professional educator licensee may create a | ||||||
| 15 | professional development plan each year. The plan shall address | ||||||
| 16 | one or more of the endorsements that are required of his or her | ||||||
| 17 | educator position if the licensee is employed and performing | ||||||
| 18 | services in an Illinois public or State-operated school or | ||||||
| 19 | cooperative. If the licensee is employed in a charter school, | ||||||
| 20 | the plan shall address that endorsement or those endorsements | ||||||
| 21 | most closely related to his or her educator position. Licensees | ||||||
| 22 | employed and performing services in any other Illinois schools | ||||||
| 23 | may participate in the renewal requirements by adhering to the | ||||||
| 24 | same process. | ||||||
| 25 | Except as otherwise provided in this Section, the | ||||||
| 26 | licensee's professional development activities shall align | ||||||
| |||||||
| |||||||
| 1 | with one or more of the following criteria: | ||||||
| 2 | (1) activities are of a type that engage participants | ||||||
| 3 | over a sustained period of time allowing for analysis, | ||||||
| 4 | discovery, and application as they relate to student | ||||||
| 5 | learning, social or emotional achievement, or well-being; | ||||||
| 6 | (2) professional development aligns to the licensee's | ||||||
| 7 | performance; | ||||||
| 8 | (3) outcomes for the activities must relate to student | ||||||
| 9 | growth or district improvement; | ||||||
| 10 | (4) activities align to State-approved standards;
and | ||||||
| 11 | (5) higher education coursework. | ||||||
| 12 | (e) For each renewal cycle, each professional educator | ||||||
| 13 | licensee shall engage in professional development activities. | ||||||
| 14 | Prior to renewal, the licensee shall enter electronically into | ||||||
| 15 | the Educator Licensure Information System (ELIS) the name, | ||||||
| 16 | date, and location of the activity, the number of professional | ||||||
| 17 | development hours, and the provider's name. The following | ||||||
| 18 | provisions shall apply concerning professional development | ||||||
| 19 | activities: | ||||||
| 20 | (1) Each licensee shall complete a total of 120 hours | ||||||
| 21 | of professional development per 5-year renewal cycle in | ||||||
| 22 | order to renew the license, except as otherwise provided in | ||||||
| 23 | this Section. | ||||||
| 24 | (2) Beginning with his or her first full 5-year cycle, | ||||||
| 25 | any licensee with an administrative endorsement who is not | ||||||
| 26 | working in a position requiring such endorsement is not | ||||||
| |||||||
| |||||||
| 1 | required to complete Illinois Administrators' Academy | ||||||
| 2 | courses, as described in Article 2 of this Code. Such | ||||||
| 3 | licensees must complete one Illinois Administrators' | ||||||
| 4 | Academy course within one year after returning to a | ||||||
| 5 | position that requires the administrative endorsement. | ||||||
| 6 | (3) Any licensee with an administrative endorsement | ||||||
| 7 | who is working in a position requiring such endorsement or | ||||||
| 8 | an individual with a Teacher Leader endorsement serving in | ||||||
| 9 | an administrative capacity at least 50% of the day shall | ||||||
| 10 | complete one Illinois Administrators' Academy course, as | ||||||
| 11 | described in Article 2 of this Code, each fiscal year in | ||||||
| 12 | addition to 100 hours of professional development per | ||||||
| 13 | 5-year renewal cycle in accordance with this Code. | ||||||
| 14 | (4) Any licensee holding a current National Board for | ||||||
| 15 | Professional Teaching Standards (NBPTS) master teacher | ||||||
| 16 | designation shall complete a total of 60 hours of | ||||||
| 17 | professional development per 5-year renewal cycle in order | ||||||
| 18 | to renew the license. | ||||||
| 19 | (5) Licensees working in a position that does not | ||||||
| 20 | require educator licensure or working in a position for | ||||||
| 21 | less than 50% for any particular year are considered to be | ||||||
| 22 | exempt and shall be required to pay only the registration | ||||||
| 23 | fee in order to renew and maintain the validity of the | ||||||
| 24 | license. | ||||||
| 25 | (6) Licensees who are retired and qualify for benefits | ||||||
| 26 | from a State of Illinois retirement system shall notify the | ||||||
| |||||||
| |||||||
| 1 | State Board of Education using ELIS, and the license shall | ||||||
| 2 | be maintained in retired status. For any renewal cycle in | ||||||
| 3 | which a licensee retires during the renewal cycle, the | ||||||
| 4 | licensee must complete professional development activities | ||||||
| 5 | on a prorated basis depending on the number of years during | ||||||
| 6 | the renewal cycle the educator held an active license. If a | ||||||
| 7 | licensee retires during a renewal cycle, the licensee must | ||||||
| 8 | notify the State Board of Education using ELIS that the | ||||||
| 9 | licensee wishes to maintain the license in retired status | ||||||
| 10 | and must show proof of completion of professional | ||||||
| 11 | development activities on a prorated basis for all years of | ||||||
| 12 | that renewal cycle for which the license was active. An | ||||||
| 13 | individual with a license in retired status shall not be | ||||||
| 14 | required to complete professional development activities | ||||||
| 15 | or pay registration fees until returning to a position that | ||||||
| 16 | requires educator licensure. Upon returning to work in a | ||||||
| 17 | position that requires the Professional Educator License, | ||||||
| 18 | the licensee shall immediately pay a registration fee and | ||||||
| 19 | complete renewal requirements for that year. A license in | ||||||
| 20 | retired status cannot lapse. Beginning on January 6, 2017 | ||||||
| 21 | (the effective date of Public Act 99-920) through December | ||||||
| 22 | 31, 2017, any licensee who has retired and whose license | ||||||
| 23 | has lapsed for failure to renew as provided in this Section | ||||||
| 24 | may reinstate that license and maintain it in retired | ||||||
| 25 | status upon providing proof to the State Board of Education | ||||||
| 26 | using ELIS that the licensee is retired and is not working | ||||||
| |||||||
| |||||||
| 1 | in a position that requires a Professional Educator | ||||||
| 2 | License. | ||||||
| 3 | (7) For any renewal cycle in which professional | ||||||
| 4 | development hours were required, but not fulfilled, the | ||||||
| 5 | licensee shall complete any missed hours to total the | ||||||
| 6 | minimum professional development hours required in this | ||||||
| 7 | Section prior to September 1 of that year. Professional | ||||||
| 8 | development hours used to fulfill the minimum required | ||||||
| 9 | hours for a renewal cycle may be used for only one renewal | ||||||
| 10 | cycle. For any fiscal year or renewal cycle in which an | ||||||
| 11 | Illinois Administrators' Academy course was required but | ||||||
| 12 | not completed, the licensee shall complete any missed | ||||||
| 13 | Illinois Administrators' Academy courses prior to | ||||||
| 14 | September 1 of that year. The licensee may complete all | ||||||
| 15 | deficient hours and Illinois Administrators' Academy | ||||||
| 16 | courses while continuing to work in a position that | ||||||
| 17 | requires that license until September 1 of that year. | ||||||
| 18 | (8) Any licensee who has not fulfilled the professional | ||||||
| 19 | development renewal requirements set forth in this Section | ||||||
| 20 | at the end of any 5-year renewal cycle is ineligible to | ||||||
| 21 | register his or her license and may submit an appeal to the | ||||||
| 22 | State Superintendent of Education for reinstatement of the | ||||||
| 23 | license. | ||||||
| 24 | (9) If professional development opportunities were | ||||||
| 25 | unavailable to a licensee, proof that opportunities were | ||||||
| 26 | unavailable and request for an extension of time beyond | ||||||
| |||||||
| |||||||
| 1 | August 31 to complete the renewal requirements may be | ||||||
| 2 | submitted from April 1 through June 30 of that year to the | ||||||
| 3 | State Educator Preparation and Licensure Board. If an | ||||||
| 4 | extension is approved, the license shall remain valid | ||||||
| 5 | during the extension period. | ||||||
| 6 | (10) Individuals who hold exempt licenses prior to | ||||||
| 7 | December 27, 2013 (the effective date of Public Act 98-610) | ||||||
| 8 | shall commence the annual renewal process with the first | ||||||
| 9 | scheduled registration due after December 27, 2013 (the | ||||||
| 10 | effective date of Public Act 98-610). | ||||||
| 11 | (11) Notwithstanding any other provision of this | ||||||
| 12 | subsection (e), if a licensee earns more than the required | ||||||
| 13 | number of professional development hours during a renewal | ||||||
| 14 | cycle, then the licensee may carry over any hours earned | ||||||
| 15 | from April 1 through June 30 of the last year of the | ||||||
| 16 | renewal cycle. Any hours carried over in this manner must | ||||||
| 17 | be applied to the next renewal cycle. Illinois | ||||||
| 18 | Administrators' Academy courses or hours earned in those | ||||||
| 19 | courses may not be carried over. | ||||||
| 20 | (f) At the time of renewal, each licensee shall respond to | ||||||
| 21 | the required questions under penalty of perjury. | ||||||
| 22 | (f-5) The State Board of Education shall conduct random | ||||||
| 23 | audits of licensees to verify a licensee's fulfillment of the | ||||||
| 24 | professional development hours required under this Section. | ||||||
| 25 | Upon completion of a random audit, if it is determined by the | ||||||
| 26 | State Board of Education that the licensee did not complete the | ||||||
| |||||||
| |||||||
| 1 | required number of professional development hours or did not | ||||||
| 2 | provide sufficient proof of completion, the licensee shall be | ||||||
| 3 | notified that his or her license has lapsed. A license that has | ||||||
| 4 | lapsed under this subsection may be reinstated as provided in | ||||||
| 5 | subsection (b). | ||||||
| 6 | (g) The following entities shall be designated as approved | ||||||
| 7 | to provide professional development activities for the renewal | ||||||
| 8 | of Professional Educator Licenses: | ||||||
| 9 | (1) The State Board of Education. | ||||||
| 10 | (2) Regional offices of education and intermediate | ||||||
| 11 | service centers. | ||||||
| 12 | (3) Illinois professional associations representing | ||||||
| 13 | the following groups that are approved by the State | ||||||
| 14 | Superintendent of Education: | ||||||
| 15 | (A) school administrators; | ||||||
| 16 | (B) principals; | ||||||
| 17 | (C) school business officials; | ||||||
| 18 | (D) teachers, including special education | ||||||
| 19 | teachers; | ||||||
| 20 | (E) school boards; | ||||||
| 21 | (F) school districts; | ||||||
| 22 | (G) parents; and | ||||||
| 23 | (H) school service personnel. | ||||||
| 24 | (4) Regionally accredited institutions of higher | ||||||
| 25 | education that offer Illinois-approved educator | ||||||
| 26 | preparation programs and public community colleges subject | ||||||
| |||||||
| |||||||
| 1 | to the Public Community College Act. | ||||||
| 2 | (5) Illinois public school districts, charter schools | ||||||
| 3 | authorized under Article 27A of this Code, and joint | ||||||
| 4 | educational programs authorized under Article 10 of this | ||||||
| 5 | Code for the purposes of providing career and technical | ||||||
| 6 | education or special education services. | ||||||
| 7 | (6) A not-for-profit organization that, as of December | ||||||
| 8 | 31, 2014 (the effective date of Public Act 98-1147), has | ||||||
| 9 | had or has a grant from or a contract with the State Board | ||||||
| 10 | of Education to provide professional development services | ||||||
| 11 | in the area of English Learning to Illinois school | ||||||
| 12 | districts, teachers, or administrators. | ||||||
| 13 | (7) State agencies, State boards, and State | ||||||
| 14 | commissions. | ||||||
| 15 | (8) Museums as defined in Section 10 of the Museum | ||||||
| 16 | Disposition of Property Act. | ||||||
| 17 | (h) Approved providers under subsection (g) of this Section | ||||||
| 18 | shall make available professional development opportunities | ||||||
| 19 | that satisfy at least one of the following: | ||||||
| 20 | (1) increase the knowledge and skills of school and | ||||||
| 21 | district leaders who guide continuous professional | ||||||
| 22 | development; | ||||||
| 23 | (2) improve the learning of students; | ||||||
| 24 | (3) organize adults into learning communities whose | ||||||
| 25 | goals are aligned with those of the school and district; | ||||||
| 26 | (4) deepen educator's content knowledge; | ||||||
| |||||||
| |||||||
| 1 | (5) provide educators with research-based | ||||||
| 2 | instructional strategies to assist students in meeting | ||||||
| 3 | rigorous academic standards; | ||||||
| 4 | (6) prepare educators to appropriately use various | ||||||
| 5 | types of classroom assessments; | ||||||
| 6 | (7) use learning strategies appropriate to the | ||||||
| 7 | intended goals; | ||||||
| 8 | (8) provide educators with the knowledge and skills to | ||||||
| 9 | collaborate; | ||||||
| 10 | (9) prepare educators to apply research to decision | ||||||
| 11 | making decision-making; or | ||||||
| 12 | (10) provide educators with training on inclusive | ||||||
| 13 | practices in the classroom that examines instructional and | ||||||
| 14 | behavioral strategies that improve academic and | ||||||
| 15 | social-emotional outcomes for all students, with or | ||||||
| 16 | without disabilities, in a general education setting. | ||||||
| 17 | (i) Approved providers under subsection (g) of this Section | ||||||
| 18 | shall do the following: | ||||||
| 19 | (1) align professional development activities to the | ||||||
| 20 | State-approved national standards for professional | ||||||
| 21 | learning; | ||||||
| 22 | (2) meet the professional development criteria for | ||||||
| 23 | Illinois licensure renewal; | ||||||
| 24 | (3) produce a rationale for the activity that explains | ||||||
| 25 | how it aligns to State standards and identify the | ||||||
| 26 | assessment for determining the expected impact on student | ||||||
| |||||||
| |||||||
| 1 | learning or school improvement; | ||||||
| 2 | (4) maintain original documentation for completion of | ||||||
| 3 | activities; | ||||||
| 4 | (5) provide license holders with evidence of | ||||||
| 5 | completion of activities; | ||||||
| 6 | (6) request an Illinois Educator Identification Number | ||||||
| 7 | (IEIN) for each educator during each professional | ||||||
| 8 | development activity; and | ||||||
| 9 | (7) beginning on July 1, 2019, register annually with | ||||||
| 10 | the State Board of Education prior to offering any | ||||||
| 11 | professional development opportunities in the current | ||||||
| 12 | fiscal year. | ||||||
| 13 | (j) The State Board of Education shall conduct annual | ||||||
| 14 | audits of a subset of approved providers, except for school | ||||||
| 15 | districts, which shall be audited by regional offices of | ||||||
| 16 | education and intermediate service centers. The State Board of | ||||||
| 17 | Education shall ensure that each approved provider, except for | ||||||
| 18 | a school district, is audited at least once every 5 years. The | ||||||
| 19 | State Board of Education may conduct more frequent audits of | ||||||
| 20 | providers if evidence suggests the requirements of this Section | ||||||
| 21 | or administrative rules are not being met. | ||||||
| 22 | (1) (Blank). | ||||||
| 23 | (2) Approved providers shall comply with the | ||||||
| 24 | requirements in subsections (h) and (i) of this Section by | ||||||
| 25 | annually submitting data to the State Board of Education | ||||||
| 26 | demonstrating how the professional development activities | ||||||
| |||||||
| |||||||
| 1 | impacted one or more of the following: | ||||||
| 2 | (A) educator and student growth in regards to | ||||||
| 3 | content knowledge or skills, or both; | ||||||
| 4 | (B) educator and student social and emotional | ||||||
| 5 | growth; or | ||||||
| 6 | (C) alignment to district or school improvement | ||||||
| 7 | plans. | ||||||
| 8 | (3) The State Superintendent of Education shall review | ||||||
| 9 | the annual data collected by the State Board of Education, | ||||||
| 10 | regional offices of education, and intermediate service | ||||||
| 11 | centers in audits to determine if the approved provider has | ||||||
| 12 | met the criteria and should continue to be an approved | ||||||
| 13 | provider or if further action should be taken as provided | ||||||
| 14 | in rules. | ||||||
| 15 | (k) Registration fees shall be paid for the next renewal | ||||||
| 16 | cycle between April 1 and June 30 in the last year of each | ||||||
| 17 | 5-year renewal cycle using ELIS. If all required professional | ||||||
| 18 | development hours for the renewal cycle have been completed and | ||||||
| 19 | entered by the licensee, the licensee shall pay the | ||||||
| 20 | registration fees for the next cycle using a form of credit or | ||||||
| 21 | debit card. | ||||||
| 22 | (l) Any professional educator licensee endorsed for school | ||||||
| 23 | support personnel who is employed and performing services in | ||||||
| 24 | Illinois public schools and who holds an active and current | ||||||
| 25 | professional license issued by the Department of Financial and | ||||||
| 26 | Professional Regulation or a national certification board, as | ||||||
| |||||||
| |||||||
| 1 | approved by the State Board of Education, related to the | ||||||
| 2 | endorsement areas on the Professional Educator License shall be | ||||||
| 3 | deemed to have satisfied the continuing professional | ||||||
| 4 | development requirements provided for in this Section. Such | ||||||
| 5 | individuals shall be required to pay only registration fees to | ||||||
| 6 | renew the Professional Educator License. An individual who does | ||||||
| 7 | not hold a license issued by the Department of Financial and | ||||||
| 8 | Professional Regulation shall complete professional | ||||||
| 9 | development requirements for the renewal of a Professional | ||||||
| 10 | Educator License provided for in this Section. | ||||||
| 11 | (m) Appeals to the State Educator Preparation and Licensure | ||||||
| 12 | Board
must be made within 30 days after receipt of notice from | ||||||
| 13 | the State Superintendent of Education that a license will not | ||||||
| 14 | be renewed based upon failure to complete the requirements of | ||||||
| 15 | this Section. A licensee may appeal that decision to the State | ||||||
| 16 | Educator Preparation and Licensure Board in a manner prescribed | ||||||
| 17 | by rule. | ||||||
| 18 | (1) Each appeal shall state the reasons why the State | ||||||
| 19 | Superintendent's decision should be reversed and shall be | ||||||
| 20 | sent by certified mail, return receipt requested, to the | ||||||
| 21 | State Board of Education. | ||||||
| 22 | (2) The State Educator Preparation and Licensure Board | ||||||
| 23 | shall review each appeal regarding renewal of a license | ||||||
| 24 | within 90 days after receiving the appeal in order to | ||||||
| 25 | determine whether the licensee has met the requirements of | ||||||
| 26 | this Section. The State Educator Preparation and Licensure | ||||||
| |||||||
| |||||||
| 1 | Board may hold an appeal hearing or may make its | ||||||
| 2 | determination based upon the record of review, which shall | ||||||
| 3 | consist of the following: | ||||||
| 4 | (A) the regional superintendent of education's | ||||||
| 5 | rationale for recommending nonrenewal of the license, | ||||||
| 6 | if applicable; | ||||||
| 7 | (B) any evidence submitted to the State | ||||||
| 8 | Superintendent along with the individual's electronic | ||||||
| 9 | statement of assurance for renewal; and | ||||||
| 10 | (C) the State Superintendent's rationale for | ||||||
| 11 | nonrenewal of the license. | ||||||
| 12 | (3) The State Educator Preparation and Licensure Board | ||||||
| 13 | shall notify the licensee of its decision regarding license | ||||||
| 14 | renewal by certified mail, return receipt requested, no | ||||||
| 15 | later than 30 days after reaching a decision. Upon receipt | ||||||
| 16 | of notification of renewal, the licensee, using ELIS, shall | ||||||
| 17 | pay the applicable registration fee for the next cycle | ||||||
| 18 | using a form of credit or debit card. | ||||||
| 19 | (n) The State Board of Education may adopt rules as may be | ||||||
| 20 | necessary to implement this Section. | ||||||
| 21 | (Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; | ||||||
| 22 | 100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff. | ||||||
| 23 | 1-1-20; 101-531, eff. 8-23-19; revised 9-19-19.)
| ||||||
| 24 | (105 ILCS 5/21B-50) | ||||||
| 25 | Sec. 21B-50. Alternative Educator Licensure Program. | ||||||
| |||||||
| |||||||
| 1 | (a) There is established an alternative educator licensure | ||||||
| 2 | program, to be known as the Alternative Educator Licensure | ||||||
| 3 | Program for Teachers. | ||||||
| 4 | (b) The Alternative Educator Licensure Program for | ||||||
| 5 | Teachers may be offered by a recognized institution approved to | ||||||
| 6 | offer educator preparation programs by the State Board of | ||||||
| 7 | Education, in consultation with the State Educator Preparation | ||||||
| 8 | and Licensure Board. | ||||||
| 9 | The program shall be comprised of 4 phases: | ||||||
| 10 | (1) A course of study that at a minimum includes | ||||||
| 11 | instructional planning; instructional strategies, | ||||||
| 12 | including special education, reading, and English language | ||||||
| 13 | learning; classroom management; and the assessment of | ||||||
| 14 | students and use of data to drive instruction. | ||||||
| 15 | (2) A year of residency, which is a candidate's | ||||||
| 16 | assignment to a full-time teaching position or as a | ||||||
| 17 | co-teacher for one full school year. An individual must | ||||||
| 18 | hold an Educator License with Stipulations with an | ||||||
| 19 | alternative provisional educator endorsement in order to | ||||||
| 20 | enter the residency and must complete additional program | ||||||
| 21 | requirements that address required State and national | ||||||
| 22 | standards, pass the State Board's teacher performance | ||||||
| 23 | assessment before entering the second residency year, as | ||||||
| 24 | required under phase (3) of this subsection (b), and be | ||||||
| 25 | recommended by the principal or qualified equivalent of a | ||||||
| 26 | principal, as required under subsection (d) of this | ||||||
| |||||||
| |||||||
| 1 | Section, and the program coordinator to continue with the | ||||||
| 2 | second year of the residency. | ||||||
| 3 | (3) A second year of residency, which shall include the | ||||||
| 4 | candidate's assignment to a full-time teaching position | ||||||
| 5 | for one school year. The candidate must be assigned an | ||||||
| 6 | experienced teacher to act as a mentor and coach the | ||||||
| 7 | candidate through the second year of residency. | ||||||
| 8 | (4) A comprehensive assessment of the candidate's | ||||||
| 9 | teaching effectiveness, as evaluated by the principal or | ||||||
| 10 | qualified equivalent of a principal, as required under | ||||||
| 11 | subsection (d) of this Section, and the program | ||||||
| 12 | coordinator, at the end of the second year of residency. If | ||||||
| 13 | there is disagreement between the 2 evaluators about the | ||||||
| 14 | candidate's teaching effectiveness, the candidate may | ||||||
| 15 | complete one additional year of residency teaching under a | ||||||
| 16 | professional development plan developed by the principal | ||||||
| 17 | or qualified equivalent and the preparation program. At the | ||||||
| 18 | completion of the third year, a candidate must have | ||||||
| 19 | positive evaluations and a recommendation for full | ||||||
| 20 | licensure from both the principal or qualified equivalent | ||||||
| 21 | and the program coordinator or no Professional Educator | ||||||
| 22 | License shall be issued. | ||||||
| 23 | Successful completion of the program shall be deemed to | ||||||
| 24 | satisfy any other practice or student teaching and content | ||||||
| 25 | matter requirements established by law. | ||||||
| 26 | (c) An alternative provisional educator endorsement on an | ||||||
| |||||||
| |||||||
| 1 | Educator License with Stipulations is valid for 2 years of | ||||||
| 2 | teaching in the public schools, including without limitation a | ||||||
| 3 | preschool educational program under Section 2-3.71 of this Code | ||||||
| 4 | or charter school, or in a State-recognized nonpublic school in | ||||||
| 5 | which the chief administrator is required to have the licensure | ||||||
| 6 | necessary to be a principal in a public school in this State | ||||||
| 7 | and in which a majority of the teachers are required to have | ||||||
| 8 | the licensure necessary to be instructors in a public school in | ||||||
| 9 | this State, but may be renewed for a third year if needed to | ||||||
| 10 | complete the Alternative Educator Licensure Program for | ||||||
| 11 | Teachers. The endorsement shall be issued only once to an | ||||||
| 12 | individual who meets all of the following requirements: | ||||||
| 13 | (1) Has graduated from a regionally accredited college | ||||||
| 14 | or university with a bachelor's degree or higher. | ||||||
| 15 | (2) Has a cumulative grade point average of 3.0 or | ||||||
| 16 | greater on a 4.0 scale or its equivalent on another scale. | ||||||
| 17 | (3) Has completed a major in the content area if | ||||||
| 18 | seeking a middle or secondary level endorsement or, if | ||||||
| 19 | seeking an early childhood, elementary, or special | ||||||
| 20 | education endorsement, has completed a major in the content | ||||||
| 21 | area of reading, English/language arts, mathematics, or | ||||||
| 22 | one of the sciences. If the individual does not have a | ||||||
| 23 | major in a content area for any level of teaching, he or | ||||||
| 24 | she must submit transcripts to the State Board of Education | ||||||
| 25 | to be reviewed for equivalency. | ||||||
| 26 | (4) Has successfully completed phase (1) of subsection | ||||||
| |||||||
| |||||||
| 1 | (b) of this Section. | ||||||
| 2 | (5) Has passed a content area test required for the | ||||||
| 3 | specific endorsement for admission into the program, as | ||||||
| 4 | required under Section 21B-30 of this Code. | ||||||
| 5 | A candidate possessing the alternative provisional | ||||||
| 6 | educator endorsement may receive a salary, benefits, and any | ||||||
| 7 | other terms of employment offered to teachers in the school who | ||||||
| 8 | are members of an exclusive bargaining representative, if any, | ||||||
| 9 | but a school is not required to provide these benefits during | ||||||
| 10 | the years of residency if the candidate is serving only as a | ||||||
| 11 | co-teacher. If the candidate is serving as the teacher of | ||||||
| 12 | record, the candidate must receive a salary, benefits, and any | ||||||
| 13 | other terms of employment. Residency experiences must not be | ||||||
| 14 | counted towards tenure. | ||||||
| 15 | (d) The recognized institution offering the Alternative | ||||||
| 16 | Educator Licensure Program for Teachers must partner with a | ||||||
| 17 | school district, including without limitation a preschool | ||||||
| 18 | educational program under Section 2-3.71 of this Code or | ||||||
| 19 | charter school, or a State-recognized, nonpublic school in this | ||||||
| 20 | State in which the chief administrator is required to have the | ||||||
| 21 | licensure necessary to be a principal in a public school in | ||||||
| 22 | this State and in which a majority of the teachers are required | ||||||
| 23 | to have the licensure necessary to be instructors in a public | ||||||
| 24 | school in this State. A recognized institution that partners | ||||||
| 25 | with a public school district administering a preschool | ||||||
| 26 | educational program under Section 2-3.71 of this Code must | ||||||
| |||||||
| |||||||
| 1 | require a principal to recommend or evaluate candidates in the | ||||||
| 2 | program. A recognized institution that partners with an | ||||||
| 3 | eligible entity administering a preschool educational program | ||||||
| 4 | under Section 2-3.71 of this Code and that is not a public | ||||||
| 5 | school district must require a principal or qualified | ||||||
| 6 | equivalent of a principal to recommend or evaluate candidates | ||||||
| 7 | in the program. The program presented for approval by the State | ||||||
| 8 | Board of Education must demonstrate the supports that are to be | ||||||
| 9 | provided to assist the provisional teacher during the 2-year | ||||||
| 10 | residency period. These supports must provide additional | ||||||
| 11 | contact hours with mentors during the first year of residency. | ||||||
| 12 | (e) Upon completion of the 4 phases outlined in subsection | ||||||
| 13 | (b) of this Section and all assessments required under Section | ||||||
| 14 | 21B-30 of this Code, an individual shall receive a Professional | ||||||
| 15 | Educator License. | ||||||
| 16 | (f) The State Board of Education, in consultation with the | ||||||
| 17 | State Educator Preparation and Licensure Board, may adopt such | ||||||
| 18 | rules as may be necessary to establish and implement the | ||||||
| 19 | Alternative Educator Licensure Program for Teachers.
| ||||||
| 20 | (Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19; | ||||||
| 21 | 101-220, eff. 8-7-19; 101-570, eff. 8-23-19; revised 9-19-19.)
| ||||||
| 22 | (105 ILCS 5/22-33) | ||||||
| 23 | Sec. 22-33. Medical cannabis. | ||||||
| 24 | (a) This Section may be referred to as Ashley's Law. | ||||||
| 25 | (a-5) In this Section: | ||||||
| |||||||
| |||||||
| 1 | "Designated caregiver", "medical cannabis infused | ||||||
| 2 | product", "qualifying patient", and "registered" have the | ||||||
| 3 | meanings given to those terms under Section 10 of the | ||||||
| 4 | Compassionate Use of Medical Cannabis Program Act. | ||||||
| 5 | "Self-administration" means a student's discretionary use | ||||||
| 6 | of his or her medical cannabis infused product. | ||||||
| 7 | (b) Subject to the restrictions under subsections (c) | ||||||
| 8 | through (g) of this Section, a school district, public school, | ||||||
| 9 | charter school, or nonpublic school shall authorize a parent or | ||||||
| 10 | guardian or any other individual registered with the Department | ||||||
| 11 | of Public Health as a designated caregiver of a student who is | ||||||
| 12 | a registered qualifying patient to administer a medical | ||||||
| 13 | cannabis infused product to the student on the premises of the | ||||||
| 14 | child's school or on the child's school bus if both the student | ||||||
| 15 | (as a registered qualifying patient) and the parent or guardian | ||||||
| 16 | or other individual (as a registered designated caregiver) have | ||||||
| 17 | been issued registry identification cards under the | ||||||
| 18 | Compassionate Use of Medical Cannabis Program Act. After | ||||||
| 19 | administering the product, the parent or guardian or other | ||||||
| 20 | individual shall remove the product from the school premises or | ||||||
| 21 | the school bus. | ||||||
| 22 | (b-5) Notwithstanding subsection (b) and subject to the | ||||||
| 23 | restrictions under subsections (c) through (g), a school | ||||||
| 24 | district, public school, charter school, or nonpublic school | ||||||
| 25 | must allow a school nurse or school administrator to administer | ||||||
| 26 | a medical cannabis infused product to a student who is a | ||||||
| |||||||
| |||||||
| 1 | registered qualifying patient (i) while on school premises, | ||||||
| 2 | (ii) while at a school-sponsored activity, or (iii) before or | ||||||
| 3 | after normal school activities, including while the student is | ||||||
| 4 | in before-school or after-school care on school-operated | ||||||
| 5 | property or while the student is being transported on a school | ||||||
| 6 | bus. A school district, public school, charter school, or | ||||||
| 7 | nonpublic school may authorize the self-administration of a | ||||||
| 8 | medical cannabis infused product by a student who is a | ||||||
| 9 | registered qualifying patient if the self-administration takes | ||||||
| 10 | place under the direct supervision of a school nurse or school | ||||||
| 11 | administrator. | ||||||
| 12 | Before allowing the administration of a medical cannabis | ||||||
| 13 | infused product by a school nurse or school administrator or a | ||||||
| 14 | student's self-administration of a medical cannabis infused | ||||||
| 15 | product under the supervision of a school nurse or school | ||||||
| 16 | administrator under this subsection, the parent or guardian of | ||||||
| 17 | a student who is the registered qualifying patient must provide | ||||||
| 18 | written authorization for its use, along with a copy of the | ||||||
| 19 | registry identification card of the student (as a registered | ||||||
| 20 | qualifying patient) and the parent or guardian (as a registered | ||||||
| 21 | designated caregiver). The written authorization must specify | ||||||
| 22 | the times at which where or the special circumstances under | ||||||
| 23 | which the medical cannabis infused product must be | ||||||
| 24 | administered. The written authorization and a copy of the | ||||||
| 25 | registry identification cards must be kept on file in the | ||||||
| 26 | office of the school nurse. The authorization for a student to | ||||||
| |||||||
| |||||||
| 1 | self-administer medical cannabis infused products is effective | ||||||
| 2 | for the school year in which it is granted and must be renewed | ||||||
| 3 | each subsequent school year upon fulfillment of the | ||||||
| 4 | requirements of this Section. | ||||||
| 5 | (b-10) Medical cannabis infused products that are to be | ||||||
| 6 | administered under subsection (b-5) must be stored with the | ||||||
| 7 | school nurse at all times in a manner consistent with storage | ||||||
| 8 | of other student medication at the school and may be accessible | ||||||
| 9 | only by the school nurse or a school administrator. | ||||||
| 10 | (c) A parent or guardian or other individual may not | ||||||
| 11 | administer a medical cannabis infused product under this | ||||||
| 12 | Section in a manner that, in the opinion of the school district | ||||||
| 13 | or school, would create a disruption to the school's | ||||||
| 14 | educational environment or would cause exposure of the product | ||||||
| 15 | to other students. | ||||||
| 16 | (d) A school district or school may not discipline a | ||||||
| 17 | student who is administered a medical cannabis infused product | ||||||
| 18 | by a parent or guardian or other individual under this Section | ||||||
| 19 | or who self-administers a medical cannabis infused product | ||||||
| 20 | under the supervision of a school nurse or school administrator | ||||||
| 21 | under this Section and may not deny the student's eligibility | ||||||
| 22 | to attend school solely because the student requires the | ||||||
| 23 | administration of the product. | ||||||
| 24 | (e) Nothing in this Section requires a member of a school's | ||||||
| 25 | staff to administer a medical cannabis infused product to a | ||||||
| 26 | student. | ||||||
| |||||||
| |||||||
| 1 | (f) A school district, public school, charter school, or | ||||||
| 2 | nonpublic school may not authorize the use of a medical | ||||||
| 3 | cannabis infused product under this Section if the school | ||||||
| 4 | district or school would lose federal funding as a result of | ||||||
| 5 | the authorization. | ||||||
| 6 | (f-5) The State Board of Education, in consultation with | ||||||
| 7 | the Department of Public Health, must develop a training | ||||||
| 8 | curriculum for school nurses and school administrators on the | ||||||
| 9 | administration of medical cannabis infused products. Prior to | ||||||
| 10 | the administration of a medical cannabis infused product under | ||||||
| 11 | subsection (b-5), a school nurse or school administrator must | ||||||
| 12 | annually complete the training curriculum developed under this | ||||||
| 13 | subsection and must submit to the school's administration proof | ||||||
| 14 | of its completion. A school district, public school, charter | ||||||
| 15 | school, or nonpublic school must maintain records related to | ||||||
| 16 | the training curriculum and of the school nurses or school | ||||||
| 17 | administrators who have completed the training. | ||||||
| 18 | (g) A school district, public school, charter school, or | ||||||
| 19 | nonpublic school shall adopt a policy to implement
this | ||||||
| 20 | Section.
| ||||||
| 21 | (Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19; | ||||||
| 22 | 101-370, eff. 1-1-20; revised 10-7-19.)
| ||||||
| 23 | (105 ILCS 5/22-85) | ||||||
| 24 | Sec. 22-85. Sexual abuse at schools. | ||||||
| 25 | (a) The General Assembly finds that: | ||||||
| |||||||
| |||||||
| 1 | (1) investigation of a child regarding an incident of | ||||||
| 2 | sexual abuse can induce significant trauma for the child; | ||||||
| 3 | (2) it is desirable to prevent multiple interviews of a | ||||||
| 4 | child at a school; and | ||||||
| 5 | (3) it is important to recognize the role of Children's | ||||||
| 6 | Advocacy Centers in conducting developmentally appropriate | ||||||
| 7 | investigations. | ||||||
| 8 | (b) In this Section: | ||||||
| 9 | "Alleged incident of sexual abuse" is limited to an | ||||||
| 10 | incident of sexual abuse of a child that is alleged to have | ||||||
| 11 | been perpetrated by school personnel, including a school vendor | ||||||
| 12 | or volunteer, that occurred (i) on school grounds or during a | ||||||
| 13 | school activity or (ii) outside of school grounds or not during | ||||||
| 14 | a school activity. | ||||||
| 15 | "Appropriate law enforcement agency" means a law | ||||||
| 16 | enforcement agency whose employees have been involved, in some | ||||||
| 17 | capacity, with an investigation of a particular alleged | ||||||
| 18 | incident of sexual abuse. | ||||||
| 19 | (c) If a mandated reporter within a school has knowledge of | ||||||
| 20 | an alleged incident of sexual abuse, the reporter must call the | ||||||
| 21 | Department of Children and Family Services' hotline | ||||||
| 22 | established under Section 7.6 of the Abused and Neglected Child | ||||||
| 23 | Reporting Act immediately after obtaining the minimal | ||||||
| 24 | information necessary to make a report, including the names of | ||||||
| 25 | the affected parties and the allegations. The State Board of | ||||||
| 26 | Education must make available materials detailing the | ||||||
| |||||||
| |||||||
| 1 | information that is necessary to enable notification to the | ||||||
| 2 | Department of Children and Family Services of an alleged | ||||||
| 3 | incident of sexual abuse. Each school must ensure that mandated | ||||||
| 4 | reporters review the State Board of Education's materials and | ||||||
| 5 | materials developed by the Department of Children and Family | ||||||
| 6 | Services and distributed in the school building under Section 7 | ||||||
| 7 | of the Abused and Neglected Child Reporting Act at least once | ||||||
| 8 | annually. | ||||||
| 9 | (d) For schools in a county with an accredited Children's | ||||||
| 10 | Advocacy Center, every alleged incident of sexual abuse that is | ||||||
| 11 | reported to the Department of Children and Family Services' | ||||||
| 12 | hotline or a law enforcement agency and is subsequently | ||||||
| 13 | accepted for investigation must be referred by the entity that | ||||||
| 14 | received the report to the local Children's Advocacy Center | ||||||
| 15 | pursuant to that county's multidisciplinary team's protocol | ||||||
| 16 | under the Children's Advocacy Center Act for investigating | ||||||
| 17 | child sexual abuse allegations. | ||||||
| 18 | (e) A county's local Children's Advocacy Center must, at a | ||||||
| 19 | minimum, do both of the following regarding a referred case of | ||||||
| 20 | an alleged incident of sexual abuse: | ||||||
| 21 | (1) Coordinate the investigation of the alleged | ||||||
| 22 | incident, as governed by the local Children's Advocacy | ||||||
| 23 | Center's existing multidisciplinary team protocol and | ||||||
| 24 | according to National Children's Alliance accreditation | ||||||
| 25 | standards. | ||||||
| 26 | (2) Facilitate communication between the | ||||||
| |||||||
| |||||||
| 1 | multidisciplinary team investigating the alleged incident | ||||||
| 2 | of sexual abuse and, if applicable, the referring school's | ||||||
| 3 | (i) Title IX officer, or his or her designee, (ii) school | ||||||
| 4 | resource officer, or (iii) personnel leading the school's | ||||||
| 5 | investigation into the alleged incident of sexual abuse. If | ||||||
| 6 | a school uses a designated entity to investigate a sexual | ||||||
| 7 | abuse allegation, the multidisciplinary team may | ||||||
| 8 | correspond only with that entity and any reference in this | ||||||
| 9 | Section to "school" refers to that designated entity. This | ||||||
| 10 | facilitation of communication must, at a minimum, ensure | ||||||
| 11 | that all applicable parties have each other's contact | ||||||
| 12 | information and must share the county's local Children's | ||||||
| 13 | Advocacy Center's protocol regarding the process of | ||||||
| 14 | approving the viewing of a forensic interview, as defined | ||||||
| 15 | under Section 2.5 of the Children's Advocacy Center Act, by | ||||||
| 16 | school personnel and a contact person for questions | ||||||
| 17 | relating to the protocol. | ||||||
| 18 | (f) After an alleged incident of sexual abuse is accepted | ||||||
| 19 | for investigation by the Department of Children and Family | ||||||
| 20 | Services or a law enforcement agency and while the criminal and | ||||||
| 21 | child abuse investigations related to that alleged incident are | ||||||
| 22 | being conducted by the local multidisciplinary team, the school | ||||||
| 23 | relevant to the alleged incident of sexual abuse must comply | ||||||
| 24 | with both of the following: | ||||||
| 25 | (1) It may not interview the alleged victim regarding | ||||||
| 26 | details of the alleged incident of sexual abuse until after | ||||||
| |||||||
| |||||||
| 1 | the completion of the forensic interview of that victim is | ||||||
| 2 | conducted at a Children's Advocacy Center. This paragraph | ||||||
| 3 | does not prohibit a school from requesting information from | ||||||
| 4 | the alleged victim or his or her parent or guardian to | ||||||
| 5 | ensure the safety and well-being of the alleged victim at | ||||||
| 6 | school during an investigation. | ||||||
| 7 | (2) If asked by a law enforcement agency or an | ||||||
| 8 | investigator of the Department of Children and Family | ||||||
| 9 | Services who is conducting the investigation, it must | ||||||
| 10 | inform those individuals of any evidence the school has | ||||||
| 11 | gathered pertaining to an alleged incident of sexual abuse, | ||||||
| 12 | as permissible by federal or State law. | ||||||
| 13 | (g) After completion of a forensic interview, the | ||||||
| 14 | multidisciplinary team must notify the school relevant to the | ||||||
| 15 | alleged incident of sexual abuse of its completion. If, for any | ||||||
| 16 | reason, a multidisciplinary team determines it will not conduct | ||||||
| 17 | a forensic interview in a specific investigation, the | ||||||
| 18 | multidisciplinary team must notify the school as soon as the | ||||||
| 19 | determination is made. If a forensic interview has not been | ||||||
| 20 | conducted within 15 calendar days after opening an | ||||||
| 21 | investigation, the school may notify the multidisciplinary | ||||||
| 22 | team that it intends to interview the alleged victim. No later | ||||||
| 23 | than 10 calendar days after this notification, the | ||||||
| 24 | multidisciplinary team may conduct the forensic interview and, | ||||||
| 25 | if the multidisciplinary team does not conduct the interview, | ||||||
| 26 | the school may proceed with its interview. | ||||||
| |||||||
| |||||||
| 1 | (h) To the greatest extent possible considering student | ||||||
| 2 | safety and Title IX compliance, school personnel may view the | ||||||
| 3 | electronic recordings of a forensic interview of an alleged | ||||||
| 4 | victim of an incident of sexual abuse. As a means to avoid | ||||||
| 5 | additional interviews of an alleged victim, school personnel | ||||||
| 6 | must be granted viewing access to the electronic recording of a | ||||||
| 7 | forensic interview conducted at an accredited Children's | ||||||
| 8 | Advocacy Center for an alleged incident of sexual abuse only if | ||||||
| 9 | the school receives (i) approval from the multidisciplinary | ||||||
| 10 | team investigating the case and (ii) informed consent by a | ||||||
| 11 | child over the age of 13 or the child's parent or guardian. | ||||||
| 12 | Each county's local Children's Advocacy Center and | ||||||
| 13 | multidisciplinary team must establish an internal protocol | ||||||
| 14 | regarding the process of approving the viewing of the forensic | ||||||
| 15 | interview, and this process and the contact person must be | ||||||
| 16 | shared with the school contact at the time of the initial | ||||||
| 17 | facilitation. Whenever possible, the school's viewing of the | ||||||
| 18 | electronic recording of a forensic interview should be | ||||||
| 19 | conducted in lieu of the need for additional interviews. | ||||||
| 20 | (i) For an alleged incident of sexual abuse that has been | ||||||
| 21 | accepted for investigation by a multidisciplinary team, if, | ||||||
| 22 | during the course of its internal investigation and at any | ||||||
| 23 | point during or after the multidisciplinary team's | ||||||
| 24 | investigation, the school determines that it needs to interview | ||||||
| 25 | the alleged victim to successfully complete its investigation | ||||||
| 26 | and the victim is under 18 years of age, a child advocate must | ||||||
| |||||||
| |||||||
| 1 | be made available to the student and may be present during the | ||||||
| 2 | school's interview. A child advocate may be a school social | ||||||
| 3 | worker, a school or equally qualified psychologist, or a person | ||||||
| 4 | in a position the State Board of Education has identified as an | ||||||
| 5 | appropriate advocate for the student during a school's | ||||||
| 6 | investigation into an alleged incident of sexual abuse. | ||||||
| 7 | (j) The Department of Children and Family Services must | ||||||
| 8 | notify the relevant school when an agency investigation of an | ||||||
| 9 | alleged incident of sexual abuse is complete. The notification | ||||||
| 10 | must include information on the outcome of that investigation. | ||||||
| 11 | (k) The appropriate law enforcement agency must notify the | ||||||
| 12 | relevant school when an agency investigation of an alleged | ||||||
| 13 | incident of sexual abuse is complete or has been suspended. The | ||||||
| 14 | notification must include information on the outcome of that | ||||||
| 15 | investigation. | ||||||
| 16 | (l) This Section applies to all schools operating under | ||||||
| 17 | this Code, including, but not limited to, public schools | ||||||
| 18 | located in cities having a population of more than 500,000, a | ||||||
| 19 | school operated pursuant to an agreement with a public school | ||||||
| 20 | district, alternative schools operated by third parties, an | ||||||
| 21 | alternative learning opportunities program, a public school | ||||||
| 22 | administered by a local public agency or the Department of | ||||||
| 23 | Human Services, charter schools operating under the authority | ||||||
| 24 | of Article 27A, and non-public schools recognized by the State | ||||||
| 25 | Board of Education.
| ||||||
| 26 | (Source: P.A. 101-531, eff. 8-23-19.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/22-87) | ||||||
| 2 | (This Section may contain text from a Public Act with a | ||||||
| 3 | delayed effective date) | ||||||
| 4 | Sec. 22-87 22-85. Graduation requirements; Free | ||||||
| 5 | Application for Federal Student Aid. | ||||||
| 6 | (a) Beginning with the 2020-2021 school year, in addition | ||||||
| 7 | to any other requirements under this Code, as a prerequisite to | ||||||
| 8 | receiving a high school diploma from a public high school, the | ||||||
| 9 | parent or guardian of each student or, if a student is at least | ||||||
| 10 | 18 years of age or legally emancipated, the student must comply | ||||||
| 11 | with either of the following: | ||||||
| 12 | (1) File a Free Application for Federal Student Aid | ||||||
| 13 | with the United States Department of Education or, if | ||||||
| 14 | applicable, an application for State financial aid. | ||||||
| 15 | (2) On a form created by the State Board of Education, | ||||||
| 16 | file a waiver with the student's school district indicating | ||||||
| 17 | that the parent or guardian or, if applicable, the student | ||||||
| 18 | understands what the Free Application for Federal Student | ||||||
| 19 | Aid and application for State financial aid are and has | ||||||
| 20 | chosen not to file an application under paragraph (1). | ||||||
| 21 | (b) Each school district with a high school must require | ||||||
| 22 | each high school student to comply with this Section and must | ||||||
| 23 | provide to each high school student and, if applicable, his or | ||||||
| 24 | her parent or guardian any support or assistance necessary to | ||||||
| 25 | comply with this Section. A school district must award a high | ||||||
| |||||||
| |||||||
| 1 | school diploma to a student who is unable to meet the | ||||||
| 2 | requirements of subsection (a) due to extenuating | ||||||
| 3 | circumstances, as determined by the school district, if (i) the | ||||||
| 4 | student has met all other graduation requirements under this | ||||||
| 5 | Code and (ii) the principal attests that the school district | ||||||
| 6 | has made a good faith effort to assist the student or, if | ||||||
| 7 | applicable, his or her parent or guardian in filing an | ||||||
| 8 | application or a waiver under subsection (a). | ||||||
| 9 | (c) The State Board of Education may adopt rules to | ||||||
| 10 | implement this Section.
| ||||||
| 11 | (Source: P.A. 101-180, eff. 6-1-20; revised 10-21-19.)
| ||||||
| 12 | (105 ILCS 5/22-88) | ||||||
| 13 | Sec. 22-88 22-85. Parental notification of law enforcement | ||||||
| 14 | detainment and questioning on school grounds. | ||||||
| 15 | (a) In this Section, "school grounds" means the real | ||||||
| 16 | property comprising an active and operational elementary or | ||||||
| 17 | secondary school during the regular hours in which school is in | ||||||
| 18 | session and when students are present. | ||||||
| 19 | (b) Before detaining and questioning a student on school | ||||||
| 20 | grounds who is under 18 years of age and who is suspected of | ||||||
| 21 | committing a criminal act, a law enforcement officer, school | ||||||
| 22 | resource officer, or other school security personnel must do | ||||||
| 23 | all of the following: | ||||||
| 24 | (1) Ensure that notification or attempted notification | ||||||
| 25 | of the student's parent or guardian is made. | ||||||
| |||||||
| |||||||
| 1 | (2) Document the time and manner in which the | ||||||
| 2 | notification or attempted notification under paragraph (1) | ||||||
| 3 | occurred. | ||||||
| 4 | (3) Make reasonable efforts to ensure that the | ||||||
| 5 | student's parent or guardian is present during the | ||||||
| 6 | questioning or, if the parent or guardian is not present, | ||||||
| 7 | ensure that school personnel, including, but not limited | ||||||
| 8 | to, a school social worker, a school psychologist, a school | ||||||
| 9 | nurse, a school guidance counselor, or any other mental | ||||||
| 10 | health professional, are present during the questioning. | ||||||
| 11 | (4) If practicable, make reasonable efforts to ensure | ||||||
| 12 | that a law enforcement officer trained in promoting safe | ||||||
| 13 | interactions and communications with youth is present | ||||||
| 14 | during the questioning. An officer who received training in | ||||||
| 15 | youth investigations approved or certified by his or her | ||||||
| 16 | law enforcement agency or under Section 10.22 of the Police | ||||||
| 17 | Training Act or a juvenile police officer, as defined under | ||||||
| 18 | Section 1-3 of the Juvenile Court Act of 1987, satisfies | ||||||
| 19 | the requirement under this paragraph. | ||||||
| 20 | (c) This Section does not limit the authority of a law | ||||||
| 21 | enforcement officer to make an arrest on school grounds. This | ||||||
| 22 | Section does not apply to circumstances that would cause a | ||||||
| 23 | reasonable person to believe that urgent and immediate action | ||||||
| 24 | is necessary to do any of the following: | ||||||
| 25 | (1) Prevent bodily harm or injury to the student or any | ||||||
| 26 | other person. | ||||||
| |||||||
| |||||||
| 1 | (2) Apprehend an armed or fleeing suspect. | ||||||
| 2 | (3) Prevent the destruction of evidence. | ||||||
| 3 | (4) Address an emergency or other dangerous situation.
| ||||||
| 4 | (Source: P.A. 101-478, eff. 8-23-19; revised 10-21-19.)
| ||||||
| 5 | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| ||||||
| 6 | Sec. 24-12. Removal or dismissal of teachers in contractual
| ||||||
| 7 | continued service. | ||||||
| 8 | (a) This subsection (a) applies only to honorable | ||||||
| 9 | dismissals and recalls in which the notice of dismissal is | ||||||
| 10 | provided on or before the end of the 2010-2011 school term. If | ||||||
| 11 | a teacher in contractual continued service is
removed or | ||||||
| 12 | dismissed as a result of a decision of the board to decrease
| ||||||
| 13 | the number of teachers employed by the board or to discontinue | ||||||
| 14 | some
particular type of teaching service, written notice shall | ||||||
| 15 | be mailed to the
teacher and also given the
teacher either by | ||||||
| 16 | certified mail, return receipt requested or
personal delivery | ||||||
| 17 | with receipt at least 60
days before
the end of the school | ||||||
| 18 | term, together with a statement of honorable
dismissal and the | ||||||
| 19 | reason therefor, and in all such cases the board shall
first | ||||||
| 20 | remove or dismiss all teachers who have not entered upon | ||||||
| 21 | contractual
continued service before removing or dismissing | ||||||
| 22 | any teacher who has entered
upon contractual continued service | ||||||
| 23 | and who is legally qualified to hold a
position currently held | ||||||
| 24 | by a teacher who has not entered upon contractual
continued | ||||||
| 25 | service. | ||||||
| |||||||
| |||||||
| 1 | As between teachers who have entered upon contractual
| ||||||
| 2 | continued service, the teacher or teachers with the shorter | ||||||
| 3 | length of
continuing service with the district shall be | ||||||
| 4 | dismissed first
unless an alternative method of determining the | ||||||
| 5 | sequence of dismissal is
established in a collective bargaining | ||||||
| 6 | agreement or contract between the
board and a professional | ||||||
| 7 | faculty members' organization and except that
this provision | ||||||
| 8 | shall not impair the operation of any affirmative action
| ||||||
| 9 | program in the district, regardless of whether it exists by | ||||||
| 10 | operation of
law or is conducted on a voluntary basis by the | ||||||
| 11 | board. Any teacher
dismissed as a result of such decrease or | ||||||
| 12 | discontinuance shall be paid
all earned compensation on or | ||||||
| 13 | before the third business day following
the last day of pupil | ||||||
| 14 | attendance in the regular school term. | ||||||
| 15 | If the
board has any vacancies for the following school | ||||||
| 16 | term or within one
calendar year from the beginning of the | ||||||
| 17 | following school term, the
positions thereby becoming | ||||||
| 18 | available shall be tendered to the teachers
so removed or | ||||||
| 19 | dismissed so far as they are legally qualified to hold
such | ||||||
| 20 | positions; provided, however, that if the number of honorable
| ||||||
| 21 | dismissal notices based on economic necessity exceeds 15% of | ||||||
| 22 | the number of full-time
equivalent positions filled by | ||||||
| 23 | certified employees (excluding
principals and administrative | ||||||
| 24 | personnel) during the preceding school year,
then if the board | ||||||
| 25 | has any vacancies for the following school term or within
2 | ||||||
| 26 | calendar years from the beginning of the following
school term, | ||||||
| |||||||
| |||||||
| 1 | the positions so becoming available shall be tendered to the
| ||||||
| 2 | teachers who were so notified and removed or dismissed whenever | ||||||
| 3 | they are
legally qualified to hold such positions. Each board | ||||||
| 4 | shall, in consultation
with any exclusive employee | ||||||
| 5 | representatives, each year establish a list,
categorized by | ||||||
| 6 | positions, showing the length of continuing service of each
| ||||||
| 7 | teacher who is qualified to hold any such positions, unless an | ||||||
| 8 | alternative
method of determining a sequence of dismissal is | ||||||
| 9 | established as provided
for in this Section, in which case a | ||||||
| 10 | list shall be made in accordance with
the alternative method. | ||||||
| 11 | Copies of the list shall be distributed to the
exclusive | ||||||
| 12 | employee representative on or before February 1 of each year.
| ||||||
| 13 | Whenever the number of honorable dismissal notices based upon | ||||||
| 14 | economic
necessity exceeds 5, or 150% of the average number of | ||||||
| 15 | teachers honorably
dismissed in the preceding 3 years, | ||||||
| 16 | whichever is more, then the board also
shall hold a public | ||||||
| 17 | hearing on the question of the dismissals. Following
the | ||||||
| 18 | hearing and board review, the action to approve any such | ||||||
| 19 | reduction shall
require a majority vote of the board members.
| ||||||
| 20 | (b) This subsection (b) applies only to honorable | ||||||
| 21 | dismissals and recalls in which the notice of dismissal is | ||||||
| 22 | provided during the 2011-2012 school term or a subsequent | ||||||
| 23 | school term. If any teacher, whether or not in contractual | ||||||
| 24 | continued service, is removed or dismissed as a result of a | ||||||
| 25 | decision of a school board to decrease the number of teachers | ||||||
| 26 | employed by the board, a decision of a school board to | ||||||
| |||||||
| |||||||
| 1 | discontinue some particular type of teaching service, or a | ||||||
| 2 | reduction in the number of programs or positions in a special | ||||||
| 3 | education joint agreement, then written notice must be mailed | ||||||
| 4 | to the teacher and also given to the teacher either by | ||||||
| 5 | certified mail, return receipt requested, or personal delivery | ||||||
| 6 | with receipt at least 45 days before the end of the school | ||||||
| 7 | term, together with a statement of honorable dismissal and the | ||||||
| 8 | reason therefor, and in all such cases the sequence of | ||||||
| 9 | dismissal shall occur in accordance with this subsection (b); | ||||||
| 10 | except that this subsection (b) shall not impair the operation | ||||||
| 11 | of any affirmative action program in the school district, | ||||||
| 12 | regardless of whether it exists by operation of law or is | ||||||
| 13 | conducted on a voluntary basis by the board. | ||||||
| 14 | Each teacher must be categorized into one or more positions | ||||||
| 15 | for which the teacher is qualified to hold, based upon legal | ||||||
| 16 | qualifications and any other qualifications established in a | ||||||
| 17 | district or joint agreement job description, on or before the | ||||||
| 18 | May 10 prior to the school year during which the sequence of | ||||||
| 19 | dismissal is determined. Within each position and subject to | ||||||
| 20 | agreements made by the joint committee on honorable dismissals | ||||||
| 21 | that are authorized by subsection (c) of this Section, the | ||||||
| 22 | school district or joint agreement must establish 4 groupings | ||||||
| 23 | of teachers qualified to hold the position as follows: | ||||||
| 24 | (1) Grouping one shall consist of each teacher who is | ||||||
| 25 | not in contractual continued service and who (i) has not | ||||||
| 26 | received a performance evaluation rating, (ii) is employed | ||||||
| |||||||
| |||||||
| 1 | for one school term or less to replace a teacher on leave, | ||||||
| 2 | or (iii) is employed on a part-time basis. "Part-time | ||||||
| 3 | basis" for the purposes of this subsection (b) means a | ||||||
| 4 | teacher who is employed to teach less than a full-day, | ||||||
| 5 | teacher workload or less than 5 days of the normal student | ||||||
| 6 | attendance week, unless otherwise provided for in a | ||||||
| 7 | collective bargaining agreement between the district and | ||||||
| 8 | the exclusive representative of the district's teachers. | ||||||
| 9 | For the purposes of this Section, a teacher (A) who is | ||||||
| 10 | employed as a full-time teacher but who actually teaches or | ||||||
| 11 | is otherwise present and participating in the district's | ||||||
| 12 | educational program for less than a school term or (B) who, | ||||||
| 13 | in the immediately previous school term, was employed on a | ||||||
| 14 | full-time basis and actually taught or was otherwise | ||||||
| 15 | present and participated in the district's educational | ||||||
| 16 | program for 120 days or more is not considered employed on | ||||||
| 17 | a part-time basis. | ||||||
| 18 | (2) Grouping 2 shall consist of each teacher with a | ||||||
| 19 | Needs Improvement or Unsatisfactory performance evaluation | ||||||
| 20 | rating on either of the teacher's last 2 performance | ||||||
| 21 | evaluation ratings. | ||||||
| 22 | (3) Grouping 3 shall consist of each teacher with a | ||||||
| 23 | performance evaluation rating of at least Satisfactory or | ||||||
| 24 | Proficient on both of the teacher's last 2 performance | ||||||
| 25 | evaluation ratings, if 2 ratings are available, or on the | ||||||
| 26 | teacher's last performance evaluation rating, if only one | ||||||
| |||||||
| |||||||
| 1 | rating is available, unless the teacher qualifies for | ||||||
| 2 | placement into grouping 4. | ||||||
| 3 | (4) Grouping 4 shall consist of each teacher whose last | ||||||
| 4 | 2 performance evaluation ratings are Excellent and each | ||||||
| 5 | teacher with 2 Excellent performance evaluation ratings | ||||||
| 6 | out of the teacher's last 3 performance evaluation ratings | ||||||
| 7 | with a third rating of Satisfactory or Proficient. | ||||||
| 8 | Among teachers qualified to hold a position, teachers must | ||||||
| 9 | be dismissed in the order of their groupings, with teachers in | ||||||
| 10 | grouping one dismissed first and teachers in grouping 4 | ||||||
| 11 | dismissed last. | ||||||
| 12 | Within grouping one, the sequence of dismissal must be at | ||||||
| 13 | the discretion of the school district or joint agreement. | ||||||
| 14 | Within grouping 2, the sequence of dismissal must be based upon | ||||||
| 15 | average performance evaluation ratings, with the teacher or | ||||||
| 16 | teachers with the lowest average performance evaluation rating | ||||||
| 17 | dismissed first. A teacher's average performance evaluation | ||||||
| 18 | rating must be calculated using the average of the teacher's | ||||||
| 19 | last 2 performance evaluation ratings, if 2 ratings are | ||||||
| 20 | available, or the teacher's last performance evaluation | ||||||
| 21 | rating, if only one rating is available, using the following | ||||||
| 22 | numerical values: 4 for Excellent; 3 for Proficient or | ||||||
| 23 | Satisfactory; 2 for Needs Improvement; and 1 for | ||||||
| 24 | Unsatisfactory. As between or among teachers in grouping 2 with | ||||||
| 25 | the same average performance evaluation rating and within each | ||||||
| 26 | of groupings 3 and 4, the teacher or teachers with the shorter | ||||||
| |||||||
| |||||||
| 1 | length of continuing service with the school district or joint | ||||||
| 2 | agreement must be dismissed first unless an alternative method | ||||||
| 3 | of determining the sequence of dismissal is established in a | ||||||
| 4 | collective bargaining agreement or contract between the board | ||||||
| 5 | and a professional faculty members' organization. | ||||||
| 6 | Each board, including the governing board of a joint | ||||||
| 7 | agreement, shall, in consultation with any exclusive employee | ||||||
| 8 | representatives, each year establish a sequence of honorable | ||||||
| 9 | dismissal list categorized by positions and the groupings | ||||||
| 10 | defined in this subsection (b). Copies of the list showing each | ||||||
| 11 | teacher by name and categorized by positions and the groupings | ||||||
| 12 | defined in this subsection (b) must be distributed to the | ||||||
| 13 | exclusive bargaining representative at least 75 days before the | ||||||
| 14 | end of the school term, provided that the school district or | ||||||
| 15 | joint agreement may, with notice to any exclusive employee | ||||||
| 16 | representatives, move teachers from grouping one into another | ||||||
| 17 | grouping during the period of time from 75 days until 45 days | ||||||
| 18 | before the end of the school term. Each year, each board shall | ||||||
| 19 | also establish, in consultation with any exclusive employee | ||||||
| 20 | representatives, a list showing the length of continuing | ||||||
| 21 | service of each teacher who is qualified to hold any such | ||||||
| 22 | positions, unless an alternative method of determining a | ||||||
| 23 | sequence of dismissal is established as provided for in this | ||||||
| 24 | Section, in which case a list must be made in accordance with | ||||||
| 25 | the alternative method. Copies of the list must be distributed | ||||||
| 26 | to the exclusive employee representative at least 75 days | ||||||
| |||||||
| |||||||
| 1 | before the end of the school term. | ||||||
| 2 | Any teacher dismissed as a result of such decrease or | ||||||
| 3 | discontinuance must be paid all earned compensation on or | ||||||
| 4 | before the third business day following the last day of pupil | ||||||
| 5 | attendance in the regular school term. | ||||||
| 6 | If the board or joint agreement has any vacancies for the | ||||||
| 7 | following school term or within one calendar year from the | ||||||
| 8 | beginning of the following school term, the positions thereby | ||||||
| 9 | becoming available must be tendered to the teachers so removed | ||||||
| 10 | or dismissed who were in grouping groupings 3 or 4 of the | ||||||
| 11 | sequence of dismissal and are qualified to hold the positions, | ||||||
| 12 | based upon legal qualifications and any other qualifications | ||||||
| 13 | established in a district or joint agreement job description, | ||||||
| 14 | on or before the May 10 prior to the date of the positions | ||||||
| 15 | becoming available, provided that if the number of honorable | ||||||
| 16 | dismissal notices based on economic necessity exceeds 15% of | ||||||
| 17 | the number of full-time equivalent positions filled by | ||||||
| 18 | certified employees (excluding principals and administrative | ||||||
| 19 | personnel) during the preceding school year, then the recall | ||||||
| 20 | period is for the following school term or within 2 calendar | ||||||
| 21 | years from the beginning of the following school term. If the | ||||||
| 22 | board or joint agreement has any vacancies within the period | ||||||
| 23 | from the beginning of the following school term through | ||||||
| 24 | February 1 of the following school term (unless a date later | ||||||
| 25 | than February 1, but no later than 6 months from the beginning | ||||||
| 26 | of the following school term, is established in a collective | ||||||
| |||||||
| |||||||
| 1 | bargaining agreement), the positions thereby becoming | ||||||
| 2 | available must be tendered to the teachers so removed or | ||||||
| 3 | dismissed who were in grouping 2 of the sequence of dismissal | ||||||
| 4 | due to one "needs improvement" rating on either of the | ||||||
| 5 | teacher's last 2 performance evaluation ratings, provided | ||||||
| 6 | that, if 2 ratings are available, the other performance | ||||||
| 7 | evaluation rating used for grouping purposes is | ||||||
| 8 | "satisfactory", "proficient", or "excellent", and are | ||||||
| 9 | qualified to hold the positions, based upon legal | ||||||
| 10 | qualifications and any other qualifications established in a | ||||||
| 11 | district or joint agreement job description, on or before the | ||||||
| 12 | May 10 prior to the date of the positions becoming available. | ||||||
| 13 | On and after July 1, 2014 (the effective date of Public Act | ||||||
| 14 | 98-648), the preceding sentence shall apply to teachers removed | ||||||
| 15 | or dismissed by honorable dismissal, even if notice of | ||||||
| 16 | honorable dismissal occurred during the 2013-2014 school year. | ||||||
| 17 | Among teachers eligible for recall pursuant to the preceding | ||||||
| 18 | sentence, the order of recall must be in inverse order of | ||||||
| 19 | dismissal, unless an alternative order of recall is established | ||||||
| 20 | in a collective bargaining agreement or contract between the | ||||||
| 21 | board and a professional faculty members' organization. | ||||||
| 22 | Whenever the number of honorable dismissal notices based upon | ||||||
| 23 | economic necessity exceeds 5 notices or 150% of the average | ||||||
| 24 | number of teachers honorably dismissed in the preceding 3 | ||||||
| 25 | years, whichever is more, then the school board or governing | ||||||
| 26 | board of a joint agreement, as applicable, shall also hold a | ||||||
| |||||||
| |||||||
| 1 | public 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 | For purposes of this subsection (b), subject to agreement | ||||||
| 5 | on an alternative definition reached by the joint committee | ||||||
| 6 | described in subsection (c) of this Section, a teacher's | ||||||
| 7 | performance evaluation rating means the overall performance | ||||||
| 8 | evaluation rating resulting from an annual or biennial | ||||||
| 9 | performance evaluation conducted pursuant to Article 24A of | ||||||
| 10 | this Code by the school district or joint agreement determining | ||||||
| 11 | the sequence of dismissal, not including any performance | ||||||
| 12 | evaluation conducted during or at the end of a remediation | ||||||
| 13 | period. No more than one evaluation rating each school term | ||||||
| 14 | shall be one of the evaluation ratings used for the purpose of | ||||||
| 15 | determining the sequence of dismissal. Except as otherwise | ||||||
| 16 | provided in this subsection for any performance evaluations | ||||||
| 17 | conducted during or at the end of a remediation period, if | ||||||
| 18 | multiple performance evaluations are conducted in a school | ||||||
| 19 | term, only the rating from the last evaluation conducted prior | ||||||
| 20 | to establishing the sequence of honorable dismissal list in | ||||||
| 21 | such school term shall be the one evaluation rating from that | ||||||
| 22 | school term used for the purpose of determining the sequence of | ||||||
| 23 | dismissal. Averaging ratings from multiple evaluations is not | ||||||
| 24 | permitted unless otherwise agreed to in a collective bargaining | ||||||
| 25 | agreement or contract between the board and a professional | ||||||
| 26 | faculty members' organization. The preceding 3 sentences are | ||||||
| |||||||
| |||||||
| 1 | not a legislative declaration that existing law does or does | ||||||
| 2 | not already require that only one performance evaluation each | ||||||
| 3 | school term shall be used for the purpose of determining the | ||||||
| 4 | sequence of dismissal. For performance evaluation ratings | ||||||
| 5 | determined prior to September 1, 2012, any school district or | ||||||
| 6 | joint agreement with a performance evaluation rating system | ||||||
| 7 | that does not use either of the rating category systems | ||||||
| 8 | specified in subsection (d) of Section 24A-5 of this Code for | ||||||
| 9 | all teachers must establish a basis for assigning each teacher | ||||||
| 10 | a rating that complies with subsection (d) of Section 24A-5 of | ||||||
| 11 | this Code for all of the performance evaluation ratings that | ||||||
| 12 | are to be used to determine the sequence of dismissal. A | ||||||
| 13 | teacher's grouping and ranking on a sequence of honorable | ||||||
| 14 | dismissal shall be deemed a part of the teacher's performance | ||||||
| 15 | evaluation, and that information shall be disclosed to the | ||||||
| 16 | exclusive bargaining representative as part of a sequence of | ||||||
| 17 | honorable dismissal list, notwithstanding any laws prohibiting | ||||||
| 18 | disclosure of such information. A performance evaluation | ||||||
| 19 | rating may be used to determine the sequence of dismissal, | ||||||
| 20 | notwithstanding the pendency of any grievance resolution or | ||||||
| 21 | arbitration procedures relating to the performance evaluation. | ||||||
| 22 | If a teacher has received at least one performance evaluation | ||||||
| 23 | rating conducted by the school district or joint agreement | ||||||
| 24 | determining the sequence of dismissal and a subsequent | ||||||
| 25 | performance evaluation is not conducted in any school year in | ||||||
| 26 | which such evaluation is required to be conducted under Section | ||||||
| |||||||
| |||||||
| 1 | 24A-5 of this Code, the teacher's performance evaluation rating | ||||||
| 2 | for that school year for purposes of determining the sequence | ||||||
| 3 | of dismissal is deemed Proficient. If a performance evaluation | ||||||
| 4 | rating is nullified as the result of an arbitration, | ||||||
| 5 | administrative agency, or court determination, then the school | ||||||
| 6 | district or joint agreement is deemed to have conducted a | ||||||
| 7 | performance evaluation for that school year, but the | ||||||
| 8 | performance evaluation rating may not be used in determining | ||||||
| 9 | the sequence of dismissal. | ||||||
| 10 | Nothing in this subsection (b) shall be construed as | ||||||
| 11 | limiting the right of a school board or governing board of a | ||||||
| 12 | joint agreement to dismiss a teacher not in contractual | ||||||
| 13 | continued service in accordance with Section 24-11 of this | ||||||
| 14 | Code. | ||||||
| 15 | Any provisions regarding the sequence of honorable | ||||||
| 16 | dismissals and recall of honorably dismissed teachers in a | ||||||
| 17 | collective bargaining agreement entered into on or before | ||||||
| 18 | January 1, 2011 and in effect on June 13, 2011 (the effective | ||||||
| 19 | date of Public Act 97-8) that may conflict with Public Act 97-8 | ||||||
| 20 | shall remain in effect through the expiration of such agreement | ||||||
| 21 | or June 30, 2013, whichever is earlier. | ||||||
| 22 | (c) Each school district and special education joint | ||||||
| 23 | agreement must use a joint committee composed of equal | ||||||
| 24 | representation selected by the school board and its teachers | ||||||
| 25 | or, if applicable, the exclusive bargaining representative of | ||||||
| 26 | its teachers, to address the matters described in paragraphs | ||||||
| |||||||
| |||||||
| 1 | (1) through (5) of this subsection (c) pertaining to honorable | ||||||
| 2 | dismissals under subsection (b) of this Section. | ||||||
| 3 | (1) The joint committee must consider and may agree to | ||||||
| 4 | criteria for excluding from grouping 2 and placing into | ||||||
| 5 | grouping 3 a teacher whose last 2 performance evaluations | ||||||
| 6 | include a Needs Improvement and either a Proficient or | ||||||
| 7 | Excellent. | ||||||
| 8 | (2) The joint committee must consider and may agree to | ||||||
| 9 | an alternative definition for grouping 4, which definition | ||||||
| 10 | must take into account prior performance evaluation | ||||||
| 11 | ratings and may take into account other factors that relate | ||||||
| 12 | to the school district's or program's educational | ||||||
| 13 | objectives. An alternative definition for grouping 4 may | ||||||
| 14 | not permit the inclusion of a teacher in the grouping with | ||||||
| 15 | a Needs Improvement or Unsatisfactory performance | ||||||
| 16 | evaluation rating on either of the teacher's last 2 | ||||||
| 17 | performance evaluation ratings. | ||||||
| 18 | (3) The joint committee may agree to including within | ||||||
| 19 | the definition of a performance evaluation rating a | ||||||
| 20 | performance evaluation rating administered by a school | ||||||
| 21 | district or joint agreement other than the school district | ||||||
| 22 | or joint agreement determining the sequence of dismissal. | ||||||
| 23 | (4) For each school district or joint agreement that | ||||||
| 24 | administers performance evaluation ratings that are | ||||||
| 25 | inconsistent with either of the rating category systems | ||||||
| 26 | specified in subsection (d) of Section 24A-5 of this Code, | ||||||
| |||||||
| |||||||
| 1 | the school district or joint agreement must consult with | ||||||
| 2 | the joint committee on the basis for assigning a rating | ||||||
| 3 | that complies with subsection (d) of Section 24A-5 of this | ||||||
| 4 | Code to each performance evaluation rating that will be | ||||||
| 5 | used in a sequence of dismissal. | ||||||
| 6 | (5) Upon request by a joint committee member submitted | ||||||
| 7 | to the employing board by no later than 10 days after the | ||||||
| 8 | distribution of the sequence of honorable dismissal list, a | ||||||
| 9 | representative of the employing board shall, within 5 days | ||||||
| 10 | after the request, provide to members of the joint | ||||||
| 11 | committee a list showing the most recent and prior | ||||||
| 12 | performance evaluation ratings of each teacher identified | ||||||
| 13 | only by length of continuing service in the district or | ||||||
| 14 | joint agreement and not by name. If, after review of this | ||||||
| 15 | list, a member of the joint committee has a good faith | ||||||
| 16 | belief that a disproportionate number of teachers with | ||||||
| 17 | greater length of continuing service with the district or | ||||||
| 18 | joint agreement have received a recent performance | ||||||
| 19 | evaluation rating lower than the prior rating, the member | ||||||
| 20 | may request that the joint committee review the list to | ||||||
| 21 | assess whether such a trend may exist. Following the joint | ||||||
| 22 | committee's review, but by no later than the end of the | ||||||
| 23 | applicable school term, the joint committee or any member | ||||||
| 24 | or members of the joint committee may submit a report of | ||||||
| 25 | the review to the employing board and exclusive bargaining | ||||||
| 26 | representative, if any. Nothing in this paragraph (5) shall | ||||||
| |||||||
| |||||||
| 1 | impact the order of honorable dismissal or a school | ||||||
| 2 | district's or joint agreement's authority to carry out a | ||||||
| 3 | dismissal in accordance with subsection (b) of this | ||||||
| 4 | Section. | ||||||
| 5 | Agreement by the joint committee as to a matter requires | ||||||
| 6 | the majority vote of all committee members, and if the joint | ||||||
| 7 | committee does not reach agreement on a matter, then the | ||||||
| 8 | otherwise applicable requirements of subsection (b) of this | ||||||
| 9 | Section shall apply. Except as explicitly set forth in this | ||||||
| 10 | subsection (c), a joint committee has no authority to agree to | ||||||
| 11 | any further modifications to the requirements for honorable | ||||||
| 12 | dismissals set forth in subsection (b) of this Section.
The | ||||||
| 13 | joint committee must be established, and the first meeting of | ||||||
| 14 | the joint committee each school year must occur on or before | ||||||
| 15 | December 1. | ||||||
| 16 | The joint committee must reach agreement on a matter on or | ||||||
| 17 | before February 1 of a school year in order for the agreement | ||||||
| 18 | of the joint committee to apply to the sequence of dismissal | ||||||
| 19 | determined during that school year. Subject to the February 1 | ||||||
| 20 | deadline for agreements, the agreement of a joint committee on | ||||||
| 21 | a matter shall apply to the sequence of dismissal until the | ||||||
| 22 | agreement is amended or terminated by the joint committee. | ||||||
| 23 | The provisions of the Open Meetings Act shall not apply to | ||||||
| 24 | meetings of a joint committee created under this subsection | ||||||
| 25 | (c). | ||||||
| 26 | (d) Notwithstanding anything to the contrary in this | ||||||
| |||||||
| |||||||
| 1 | subsection (d), the requirements and dismissal procedures of | ||||||
| 2 | Section 24-16.5 of this Code shall apply to any dismissal | ||||||
| 3 | sought under Section 24-16.5 of this Code. | ||||||
| 4 | (1) If a dismissal of a teacher in contractual | ||||||
| 5 | continued service is sought for any reason or cause other | ||||||
| 6 | than an honorable dismissal under subsections (a) or (b) of | ||||||
| 7 | this Section or a dismissal sought under Section 24-16.5 of | ||||||
| 8 | this Code,
including those under Section 10-22.4, the board | ||||||
| 9 | must first approve a
motion containing specific charges by | ||||||
| 10 | a majority vote of all its
members. Written notice of such | ||||||
| 11 | charges, including a bill of particulars and the teacher's | ||||||
| 12 | right to request a hearing, must be mailed to the teacher | ||||||
| 13 | and also given to the teacher either by certified mail, | ||||||
| 14 | return receipt requested, or personal delivery with | ||||||
| 15 | receipt
within 5 days of the adoption of the motion. Any | ||||||
| 16 | written notice sent on or after July 1, 2012 shall inform | ||||||
| 17 | the teacher of the right to request a hearing before a | ||||||
| 18 | mutually selected hearing officer, with the cost of the | ||||||
| 19 | hearing officer split equally between the teacher and the | ||||||
| 20 | board, or a hearing before a board-selected hearing | ||||||
| 21 | officer, with the cost of the hearing officer paid by the | ||||||
| 22 | board. | ||||||
| 23 | Before setting a hearing on charges stemming from | ||||||
| 24 | causes that are considered remediable, a board must give | ||||||
| 25 | the teacher reasonable warning in writing, stating | ||||||
| 26 | specifically the causes that, if not removed, may result in | ||||||
| |||||||
| |||||||
| 1 | charges; however, no such written warning is required if | ||||||
| 2 | the causes have been the subject of a remediation plan | ||||||
| 3 | pursuant to Article 24A of this Code. | ||||||
| 4 | If, in the opinion of the board, the interests of the | ||||||
| 5 | school require it, the board may suspend the teacher | ||||||
| 6 | without pay, pending the hearing, but if the board's | ||||||
| 7 | dismissal or removal is not sustained, the teacher shall | ||||||
| 8 | not suffer the loss of any salary or benefits by reason of | ||||||
| 9 | the suspension. | ||||||
| 10 | (2) No hearing upon the charges is required unless the
| ||||||
| 11 | teacher within 17 days after receiving notice requests in | ||||||
| 12 | writing of the
board that a hearing be scheduled before a | ||||||
| 13 | mutually selected hearing officer or a hearing officer | ||||||
| 14 | selected by the board.
The secretary of the school board | ||||||
| 15 | shall forward a copy of the notice to the
State Board of | ||||||
| 16 | Education. | ||||||
| 17 | (3) Within 5 business days after receiving a notice of
| ||||||
| 18 | hearing in which either notice to the teacher was sent | ||||||
| 19 | before July 1, 2012 or, if the notice was sent on or after | ||||||
| 20 | July 1, 2012, the teacher has requested a hearing before a | ||||||
| 21 | mutually selected hearing officer, the State Board of | ||||||
| 22 | Education shall provide a list of 5
prospective, impartial | ||||||
| 23 | hearing officers from the master list of qualified, | ||||||
| 24 | impartial hearing officers maintained by the State Board of | ||||||
| 25 | Education. Each person on the master list must (i) be
| ||||||
| 26 | accredited by a national arbitration organization and have | ||||||
| |||||||
| |||||||
| 1 | had a minimum of 5
years of experience directly related to | ||||||
| 2 | labor and employment
relations matters between employers | ||||||
| 3 | and employees or
their exclusive bargaining | ||||||
| 4 | representatives and (ii) beginning September 1, 2012, have | ||||||
| 5 | participated in training provided or approved by the State | ||||||
| 6 | Board of Education for teacher dismissal hearing officers | ||||||
| 7 | so that he or she is familiar with issues generally | ||||||
| 8 | involved in evaluative and non-evaluative dismissals. | ||||||
| 9 | If notice to the teacher was sent before July 1, 2012 | ||||||
| 10 | or, if the notice was sent on or after July 1, 2012, the | ||||||
| 11 | teacher has requested a hearing before a mutually selected | ||||||
| 12 | hearing officer, the board and the teacher or their
legal | ||||||
| 13 | representatives within 3 business days shall alternately | ||||||
| 14 | strike one name from
the list provided by the State Board | ||||||
| 15 | of Education until only one name remains. Unless waived by | ||||||
| 16 | the teacher, the
teacher shall have the right to
proceed | ||||||
| 17 | first with the striking.
Within 3 business days of receipt | ||||||
| 18 | of the list provided by the State Board of
Education, the | ||||||
| 19 | board and the teacher or their legal representatives shall | ||||||
| 20 | each
have the right to reject all prospective hearing | ||||||
| 21 | officers named on the
list and notify the State Board of | ||||||
| 22 | Education of such rejection. Within 3 business days after | ||||||
| 23 | receiving this notification, the State
Board of Education | ||||||
| 24 | shall appoint a qualified person from the master list who | ||||||
| 25 | did not appear on the list sent to the parties to serve as | ||||||
| 26 | the hearing officer, unless the parties notify it that they | ||||||
| |||||||
| |||||||
| 1 | have chosen to alternatively select a hearing officer under | ||||||
| 2 | paragraph (4) of this subsection (d). | ||||||
| 3 | If the teacher has requested a hearing before a hearing | ||||||
| 4 | officer selected by the board, the board shall select one | ||||||
| 5 | name from the master list of qualified impartial hearing | ||||||
| 6 | officers maintained by the State Board of Education within | ||||||
| 7 | 3 business days after receipt and shall notify the State | ||||||
| 8 | Board of Education of its selection. | ||||||
| 9 | A hearing officer mutually selected by the parties, | ||||||
| 10 | selected by the board, or selected through an alternative | ||||||
| 11 | selection process under paragraph (4) of this subsection | ||||||
| 12 | (d) (A) must not be a resident of the school district, (B) | ||||||
| 13 | must be available to commence the hearing within 75 days | ||||||
| 14 | and conclude the hearing within 120 days after being | ||||||
| 15 | selected as the hearing officer, and (C) must issue a | ||||||
| 16 | decision as to whether the teacher must be dismissed and | ||||||
| 17 | give a copy of that decision to both the teacher and the | ||||||
| 18 | board within 30 days from the conclusion of the hearing or | ||||||
| 19 | closure of the record, whichever is later. | ||||||
| 20 | (4) In the alternative
to selecting a hearing officer | ||||||
| 21 | from the list received from the
State Board of Education or | ||||||
| 22 | accepting the appointment of a hearing officer by the State | ||||||
| 23 | Board of Education or if the State Board of Education | ||||||
| 24 | cannot provide a list or appoint a hearing officer that | ||||||
| 25 | meets the foregoing requirements, the board and the teacher | ||||||
| 26 | or their legal
representatives may mutually agree to select | ||||||
| |||||||
| |||||||
| 1 | an impartial hearing officer who
is not on the master list | ||||||
| 2 | either by direct
appointment by the parties or by using | ||||||
| 3 | procedures for the appointment of an
arbitrator | ||||||
| 4 | established by the Federal Mediation and Conciliation | ||||||
| 5 | Service or the
American Arbitration Association. The | ||||||
| 6 | parties shall notify the State Board of
Education of their | ||||||
| 7 | intent to select a hearing officer using an alternative
| ||||||
| 8 | procedure within 3 business days of receipt of a list of | ||||||
| 9 | prospective hearing officers
provided by the State Board of | ||||||
| 10 | Education, notice of appointment of a hearing officer by | ||||||
| 11 | the State Board of Education, or receipt of notice from the | ||||||
| 12 | State Board of Education that it cannot provide a list that | ||||||
| 13 | meets the foregoing requirements, whichever is later. | ||||||
| 14 | (5) If the notice of dismissal was sent to the teacher | ||||||
| 15 | before July 1, 2012, the fees and costs for the hearing | ||||||
| 16 | officer must be paid by the State Board of Education. If | ||||||
| 17 | the notice of dismissal was sent to the teacher on or after | ||||||
| 18 | July 1, 2012, the hearing officer's fees and costs must be | ||||||
| 19 | paid as follows in this paragraph (5). The fees and | ||||||
| 20 | permissible costs for the hearing officer must be | ||||||
| 21 | determined by the State Board of Education. If the board | ||||||
| 22 | and the teacher or their legal representatives mutually | ||||||
| 23 | agree to select an impartial hearing officer who is not on | ||||||
| 24 | a list received from the State Board of Education, they may | ||||||
| 25 | agree to supplement the fees determined by the State Board | ||||||
| 26 | to the hearing officer, at a rate consistent with the | ||||||
| |||||||
| |||||||
| 1 | hearing officer's published professional fees. If the | ||||||
| 2 | hearing officer is mutually selected by the parties, then | ||||||
| 3 | the board and the teacher or their legal representatives | ||||||
| 4 | shall each pay 50% of the fees and costs and any | ||||||
| 5 | supplemental allowance to which they agree. If the hearing | ||||||
| 6 | officer is selected by the board, then the board shall pay | ||||||
| 7 | 100% of the hearing officer's fees and costs. The fees and | ||||||
| 8 | costs must be paid to the hearing officer within 14 days | ||||||
| 9 | after the board and the teacher or their legal | ||||||
| 10 | representatives receive the hearing officer's decision set | ||||||
| 11 | forth in paragraph (7) of this subsection (d). | ||||||
| 12 | (6) The teacher is required to answer the bill of | ||||||
| 13 | particulars and aver affirmative matters in his or her | ||||||
| 14 | defense, and the time for initially doing so and the time | ||||||
| 15 | for updating such answer and defenses after pre-hearing | ||||||
| 16 | discovery must be set by the hearing officer.
The State | ||||||
| 17 | Board of Education shall
promulgate rules so that each | ||||||
| 18 | party has a fair opportunity to present its case and to | ||||||
| 19 | ensure that the dismissal process proceeds in a fair and | ||||||
| 20 | expeditious manner. These rules shall address, without | ||||||
| 21 | limitation, discovery and hearing scheduling conferences; | ||||||
| 22 | the teacher's initial answer and affirmative defenses to | ||||||
| 23 | the bill of particulars and the updating of that | ||||||
| 24 | information after pre-hearing discovery; provision for | ||||||
| 25 | written interrogatories and requests for production of | ||||||
| 26 | documents; the requirement that each party initially | ||||||
| |||||||
| |||||||
| 1 | disclose to the other party and then update the disclosure | ||||||
| 2 | no later than 10 calendar days prior to the commencement of | ||||||
| 3 | the hearing, the names and addresses of persons who may be | ||||||
| 4 | called as
witnesses at the hearing, a summary of the facts | ||||||
| 5 | or opinions each witness will testify to, and all other
| ||||||
| 6 | documents and materials, including information maintained | ||||||
| 7 | electronically, relevant to its own as well as the other | ||||||
| 8 | party's case (the hearing officer may exclude witnesses and | ||||||
| 9 | exhibits not identified and shared, except those offered in | ||||||
| 10 | rebuttal for which the party could not reasonably have | ||||||
| 11 | anticipated prior to the hearing); pre-hearing discovery | ||||||
| 12 | and preparation, including provision for written | ||||||
| 13 | interrogatories and requests for production of documents, | ||||||
| 14 | provided that discovery depositions are prohibited; the | ||||||
| 15 | conduct of the hearing; the right of each party to be | ||||||
| 16 | represented by counsel, the offer of evidence and witnesses | ||||||
| 17 | and the cross-examination of witnesses; the authority of | ||||||
| 18 | the hearing officer to issue subpoenas and subpoenas duces | ||||||
| 19 | tecum, provided that the hearing officer may limit the | ||||||
| 20 | number of witnesses to be subpoenaed on behalf of each | ||||||
| 21 | party to no more than 7; the length of post-hearing briefs; | ||||||
| 22 | and the form, length, and content of hearing officers' | ||||||
| 23 | decisions. The hearing officer
shall hold a hearing and | ||||||
| 24 | render a final decision for dismissal pursuant to Article | ||||||
| 25 | 24A of this Code or shall report to the school board | ||||||
| 26 | findings of fact and a recommendation as to whether or not | ||||||
| |||||||
| |||||||
| 1 | the teacher must be dismissed for conduct. The hearing | ||||||
| 2 | officer shall commence the hearing within 75 days and | ||||||
| 3 | conclude the hearing within 120 days after being selected | ||||||
| 4 | as the hearing officer, provided that the hearing officer | ||||||
| 5 | may modify these timelines upon the showing of good cause | ||||||
| 6 | or mutual agreement of the parties. Good cause for the | ||||||
| 7 | purpose of this subsection (d) shall mean the illness or | ||||||
| 8 | otherwise unavoidable emergency of the teacher, district | ||||||
| 9 | representative, their legal representatives, the hearing | ||||||
| 10 | officer, or an essential witness as indicated in each | ||||||
| 11 | party's pre-hearing submission. In a dismissal hearing | ||||||
| 12 | pursuant to Article 24A of this Code in which a witness is | ||||||
| 13 | a student or is under the age of 18, the hearing officer | ||||||
| 14 | must make accommodations for the witness, as provided under | ||||||
| 15 | paragraph (6.5) of this subsection. The hearing officer | ||||||
| 16 | shall consider and give weight to all of the teacher's | ||||||
| 17 | evaluations written pursuant to Article 24A that are | ||||||
| 18 | relevant to the issues in the hearing. | ||||||
| 19 | Each party shall have no more than 3 days to present | ||||||
| 20 | its case, unless extended by the hearing officer to enable | ||||||
| 21 | a party to present adequate evidence and testimony, | ||||||
| 22 | including due to the other party's cross-examination of the | ||||||
| 23 | party's witnesses, for good cause or by mutual agreement of | ||||||
| 24 | the parties. The State Board of Education shall define in | ||||||
| 25 | rules the meaning of "day" for such purposes. All testimony | ||||||
| 26 | at the hearing shall be taken under oath
administered by | ||||||
| |||||||
| |||||||
| 1 | the hearing officer. The hearing officer shall cause a
| ||||||
| 2 | record of the proceedings to be kept and shall employ a | ||||||
| 3 | competent reporter
to take stenographic or stenotype notes | ||||||
| 4 | of all the testimony. The costs of
the reporter's | ||||||
| 5 | attendance and services at the hearing shall be paid by the | ||||||
| 6 | party or parties who are responsible for paying the fees | ||||||
| 7 | and costs of the hearing officer. Either party desiring a | ||||||
| 8 | transcript of the hearing
shall pay for the cost thereof. | ||||||
| 9 | Any post-hearing briefs must be submitted by the parties by | ||||||
| 10 | no later than 21 days after a party's receipt of the | ||||||
| 11 | transcript of the hearing, unless extended by the hearing | ||||||
| 12 | officer for good cause or by mutual agreement of the | ||||||
| 13 | parties. | ||||||
| 14 | (6.5) In the case of charges involving sexual abuse or | ||||||
| 15 | severe physical abuse of a student or a person under the | ||||||
| 16 | age of 18, the hearing officer shall make alternative | ||||||
| 17 | hearing procedures to protect a witness who is a student or | ||||||
| 18 | who is under the age of 18 from being intimidated or | ||||||
| 19 | traumatized. Alternative hearing procedures may include, | ||||||
| 20 | but are not limited to: (i) testimony made via a | ||||||
| 21 | telecommunication device in a location other than the | ||||||
| 22 | hearing room and outside the physical presence of the | ||||||
| 23 | teacher and other hearing participants, (ii) testimony | ||||||
| 24 | outside the physical presence of the teacher, or (iii) | ||||||
| 25 | non-public testimony. During a testimony described under | ||||||
| 26 | this subsection, each party must be permitted to ask a | ||||||
| |||||||
| |||||||
| 1 | witness who is a student or who is under 18 years of age | ||||||
| 2 | all relevant questions and follow-up questions. All | ||||||
| 3 | questions must exclude evidence of the witness' sexual | ||||||
| 4 | behavior or predisposition, unless the evidence is offered | ||||||
| 5 | to prove that someone other than the teacher subject to the | ||||||
| 6 | dismissal hearing engaged in the charge at issue. | ||||||
| 7 | (7) The hearing officer shall, within 30 days from the | ||||||
| 8 | conclusion of the
hearing or closure of the record, | ||||||
| 9 | whichever is later,
make a decision as to whether or not | ||||||
| 10 | the teacher shall be dismissed pursuant to Article 24A of | ||||||
| 11 | this Code or report to the school board findings of fact | ||||||
| 12 | and a recommendation as to whether or not the teacher shall | ||||||
| 13 | be dismissed for cause and
shall give a copy of the | ||||||
| 14 | decision or findings of fact and recommendation to both the | ||||||
| 15 | teacher and the school
board.
If a hearing officer fails
| ||||||
| 16 | without good cause, specifically provided in writing to | ||||||
| 17 | both parties and the State Board of Education, to render a | ||||||
| 18 | decision or findings of fact and recommendation within 30 | ||||||
| 19 | days after the hearing is
concluded or the
record is | ||||||
| 20 | closed, whichever is later,
the
parties may mutually agree | ||||||
| 21 | to select a hearing officer pursuant to the
alternative
| ||||||
| 22 | procedure, as provided in this Section,
to rehear the | ||||||
| 23 | charges heard by the hearing officer who failed to render a
| ||||||
| 24 | decision or findings of fact and recommendation or to | ||||||
| 25 | review the record and render a decision.
If any hearing
| ||||||
| 26 | officer fails without good cause, specifically provided in | ||||||
| |||||||
| |||||||
| 1 | writing to both parties and the State Board of Education, | ||||||
| 2 | to render a decision or findings of fact and recommendation | ||||||
| 3 | within 30 days after the
hearing is concluded or the record | ||||||
| 4 | is closed, whichever is later, the hearing
officer shall be | ||||||
| 5 | removed
from the master
list of hearing officers maintained | ||||||
| 6 | by the State Board of Education for not more than 24 | ||||||
| 7 | months. The parties and the State Board of Education may | ||||||
| 8 | also take such other actions as it deems appropriate, | ||||||
| 9 | including recovering, reducing, or withholding any fees | ||||||
| 10 | paid or to be paid to the hearing officer. If any hearing | ||||||
| 11 | officer repeats such failure, he or she must be permanently | ||||||
| 12 | removed from the master list maintained by the State Board | ||||||
| 13 | of Education and may not be selected by parties through the | ||||||
| 14 | alternative selection process under this paragraph (7) or | ||||||
| 15 | paragraph (4) of this subsection (d).
The board shall not | ||||||
| 16 | lose jurisdiction to discharge a teacher if the hearing
| ||||||
| 17 | officer fails to render a decision or findings of fact and | ||||||
| 18 | recommendation within the time specified in this
Section. | ||||||
| 19 | If the decision of the hearing officer for dismissal | ||||||
| 20 | pursuant to Article 24A of this Code or of the school board | ||||||
| 21 | for dismissal for cause is in favor of the teacher, then | ||||||
| 22 | the hearing officer or school board shall order | ||||||
| 23 | reinstatement to the same or substantially equivalent | ||||||
| 24 | position and shall determine the amount for which the | ||||||
| 25 | school board is liable, including, but not limited to, loss | ||||||
| 26 | of income and benefits. | ||||||
| |||||||
| |||||||
| 1 | (8) The school board, within 45 days after receipt of | ||||||
| 2 | the hearing officer's findings of fact and recommendation | ||||||
| 3 | as to whether (i) the conduct at issue occurred, (ii) the | ||||||
| 4 | conduct that did occur was remediable, and (iii) the | ||||||
| 5 | proposed dismissal should be sustained, shall issue a | ||||||
| 6 | written order as to whether the teacher must be retained or | ||||||
| 7 | dismissed for cause from its employ. The school board's | ||||||
| 8 | written order shall incorporate the hearing officer's | ||||||
| 9 | findings of fact, except that the school board may modify | ||||||
| 10 | or supplement the findings of fact if, in its opinion, the | ||||||
| 11 | findings of fact are against the manifest weight of the | ||||||
| 12 | evidence. | ||||||
| 13 | If the school board dismisses the teacher | ||||||
| 14 | notwithstanding the hearing officer's findings of fact and | ||||||
| 15 | recommendation, the school board shall make a conclusion in | ||||||
| 16 | its written order, giving its reasons therefor, and such | ||||||
| 17 | conclusion and reasons must be included in its written | ||||||
| 18 | order. The failure of the school board to strictly adhere | ||||||
| 19 | to the timelines contained in this Section shall not render | ||||||
| 20 | it without jurisdiction to dismiss the teacher. The school | ||||||
| 21 | board shall not lose jurisdiction to discharge the teacher | ||||||
| 22 | for cause if the hearing officer fails to render a | ||||||
| 23 | recommendation within the time specified in this Section. | ||||||
| 24 | The decision of the school board is final, unless reviewed | ||||||
| 25 | as provided in paragraph (9) of this subsection (d). | ||||||
| 26 | If the school board retains the teacher, the school | ||||||
| |||||||
| |||||||
| 1 | board shall enter a written order stating the amount of | ||||||
| 2 | back pay and lost benefits, less mitigation, to be paid to | ||||||
| 3 | the teacher, within 45 days after its retention order. | ||||||
| 4 | Should the teacher object to the amount of the back pay and | ||||||
| 5 | lost benefits or amount mitigated, the teacher shall give | ||||||
| 6 | written objections to the amount within 21 days. If the | ||||||
| 7 | parties fail to reach resolution within 7 days, the dispute | ||||||
| 8 | shall be referred to the hearing officer, who shall | ||||||
| 9 | consider the school board's written order and teacher's | ||||||
| 10 | written objection and determine the amount to which the | ||||||
| 11 | school board is liable. The costs of the hearing officer's | ||||||
| 12 | review and determination must be paid by the board. | ||||||
| 13 | (9)
The decision of the hearing officer pursuant to | ||||||
| 14 | Article 24A of this Code or of the school board's decision | ||||||
| 15 | to dismiss for cause is final unless reviewed as
provided | ||||||
| 16 | in Section 24-16 of this Code. If the school board's | ||||||
| 17 | decision to dismiss for cause is contrary to the hearing | ||||||
| 18 | officer's recommendation, the court on review shall give | ||||||
| 19 | consideration to the school board's decision and its | ||||||
| 20 | supplemental findings of fact, if applicable, and the | ||||||
| 21 | hearing officer's findings of fact and recommendation in | ||||||
| 22 | making its decision. In the event such review is
| ||||||
| 23 | instituted, the school board shall be responsible for | ||||||
| 24 | preparing and filing the record of proceedings, and such | ||||||
| 25 | costs associated therewith must be divided equally between | ||||||
| 26 | the parties.
| ||||||
| |||||||
| |||||||
| 1 | (10) If a decision of the hearing officer for dismissal | ||||||
| 2 | pursuant to Article 24A of this Code or of the school board | ||||||
| 3 | for dismissal for cause is adjudicated upon review or
| ||||||
| 4 | appeal in favor of the teacher, then the trial court shall | ||||||
| 5 | order
reinstatement and shall remand the matter to the | ||||||
| 6 | school board with direction for entry of an order setting | ||||||
| 7 | the amount of back pay, lost benefits, and costs, less | ||||||
| 8 | mitigation. The teacher may challenge the school board's | ||||||
| 9 | order setting the amount of back pay, lost benefits, and | ||||||
| 10 | costs, less mitigation, through an expedited arbitration | ||||||
| 11 | procedure, with the costs of the arbitrator borne by the | ||||||
| 12 | school board.
| ||||||
| 13 | Any teacher who is reinstated by any hearing or | ||||||
| 14 | adjudication brought
under this Section shall be assigned | ||||||
| 15 | by the board to a position
substantially similar to the one | ||||||
| 16 | which that teacher held prior to that
teacher's suspension | ||||||
| 17 | or dismissal.
| ||||||
| 18 | (11) Subject to any later effective date referenced in | ||||||
| 19 | this Section for a specific aspect of the dismissal | ||||||
| 20 | process, the changes made by Public Act 97-8 shall apply to | ||||||
| 21 | dismissals instituted on or after September 1, 2011. Any | ||||||
| 22 | dismissal instituted prior to September 1, 2011 must be | ||||||
| 23 | carried out in accordance with the requirements of this | ||||||
| 24 | Section prior to amendment by Public Act 97-8.
| ||||||
| 25 | (e) Nothing contained in Public Act 98-648 repeals, | ||||||
| 26 | supersedes, invalidates, or nullifies final decisions in | ||||||
| |||||||
| |||||||
| 1 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
| 2 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
| 3 | Public Act 97-8. | ||||||
| 4 | (Source: P.A. 100-768, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
| 5 | 101-531, eff. 8-23-19; revised 12-3-19.)
| ||||||
| 6 | (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7) | ||||||
| 7 | Sec. 24A-7. Rules. The State Board of Education is | ||||||
| 8 | authorized to adopt such rules as
are deemed necessary to | ||||||
| 9 | implement and accomplish the purposes and
provisions of this | ||||||
| 10 | Article, including, but not limited to, rules: | ||||||
| 11 | (1) (i) relating to the methods for measuring student | ||||||
| 12 | growth (including, but not limited to, limitations on the | ||||||
| 13 | age of usable useable data; the amount of data needed to | ||||||
| 14 | reliably and validly measure growth for the purpose of | ||||||
| 15 | teacher and principal evaluations; and whether and at what | ||||||
| 16 | time annual State assessments may be used as one of | ||||||
| 17 | multiple measures of student growth); | ||||||
| 18 | (2) , (ii) defining the term "significant factor" for | ||||||
| 19 | purposes of including consideration of student growth in | ||||||
| 20 | performance ratings; | ||||||
| 21 | (3) , (iii) controlling for such factors as student | ||||||
| 22 | characteristics (including, but not limited to, students | ||||||
| 23 | receiving special education and English Language Learner | ||||||
| 24 | services), student attendance, and student mobility so as | ||||||
| 25 | to best measure the impact that a teacher, principal, | ||||||
| |||||||
| |||||||
| 1 | school and school district has on students' academic | ||||||
| 2 | achievement; | ||||||
| 3 | (4) , (iv) establishing minimum requirements for | ||||||
| 4 | district teacher and principal evaluation instruments and | ||||||
| 5 | procedures; , and | ||||||
| 6 | (5) (v) establishing a model evaluation plan for use by | ||||||
| 7 | school districts in which student growth shall comprise 50% | ||||||
| 8 | of the performance rating. | ||||||
| 9 | Notwithstanding any other provision in this Section, such | ||||||
| 10 | rules shall not preclude a school district having 500,000 or | ||||||
| 11 | more inhabitants from using an annual State assessment as the | ||||||
| 12 | sole measure of student growth for purposes of teacher or | ||||||
| 13 | principal evaluations. | ||||||
| 14 | The State Superintendent of Education shall convene a | ||||||
| 15 | Performance Evaluation Advisory Council, which shall be | ||||||
| 16 | staffed by the State Board of Education. Members of the Council | ||||||
| 17 | shall be selected by the State Superintendent and include, | ||||||
| 18 | without limitation, representatives of teacher unions and | ||||||
| 19 | school district management, persons with expertise in | ||||||
| 20 | performance evaluation processes and systems, as well as other | ||||||
| 21 | stakeholders. The Council shall meet at least quarterly, and | ||||||
| 22 | may also meet at the call of the chairperson of the Council, | ||||||
| 23 | following August 18, 2017 (the effective date of Public Act | ||||||
| 24 | 100-211) this amendatory Act of the 100th General Assembly | ||||||
| 25 | until June 30, 2021. The Council shall advise the State Board | ||||||
| 26 | of Education on the ongoing implementation of performance | ||||||
| |||||||
| |||||||
| 1 | evaluations in this State, which may include gathering public | ||||||
| 2 | feedback, sharing best practices, consulting with the State | ||||||
| 3 | Board on any proposed rule changes regarding evaluations, and | ||||||
| 4 | other subjects as determined by the chairperson of the Council. | ||||||
| 5 | Prior to the applicable implementation date, these rules | ||||||
| 6 | shall not apply to teachers assigned to schools identified in | ||||||
| 7 | an agreement entered into between the board of a school | ||||||
| 8 | district operating under Article 34 of this Code and the | ||||||
| 9 | exclusive representative of the district's teachers in | ||||||
| 10 | accordance with Section 34-85c of this Code. | ||||||
| 11 | (Source: P.A. 100-211, eff. 8-18-17; revised 7-15-19.)
| ||||||
| 12 | (105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
| ||||||
| 13 | (Text of Section before amendment by P.A. 101-227) | ||||||
| 14 | Sec. 27-21. History of United States. History of the United | ||||||
| 15 | States shall be taught in all public schools and
in all other | ||||||
| 16 | educational institutions in this State supported or
| ||||||
| 17 | maintained, in whole or in part, by public funds. The teaching | ||||||
| 18 | of history
shall have as one of its objectives the imparting to | ||||||
| 19 | pupils of a
comprehensive idea of our democratic form of | ||||||
| 20 | government and the principles
for which our government stands | ||||||
| 21 | as regards other nations, including the
studying of the place | ||||||
| 22 | of our government in world-wide movements and the
leaders | ||||||
| 23 | thereof, with particular stress upon the basic principles and
| ||||||
| 24 | ideals of our representative form of government. The teaching | ||||||
| 25 | of history
shall include a study of the role and contributions | ||||||
| |||||||
| |||||||
| 1 | of African Americans and
other ethnic groups, including, but | ||||||
| 2 | not restricted to, Polish, Lithuanian, German,
Hungarian, | ||||||
| 3 | Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
| ||||||
| 4 | French, Scots, Hispanics, Asian Americans, etc., in the history | ||||||
| 5 | of this
country and this
State. To reinforce the study of the | ||||||
| 6 | role and contributions of Hispanics, such curriculum shall | ||||||
| 7 | include the study of the events related to the forceful removal | ||||||
| 8 | and illegal deportation of Mexican-American U.S. citizens | ||||||
| 9 | during the Great Depression. The teaching of history also shall | ||||||
| 10 | include a study of the
role of labor unions and their | ||||||
| 11 | interaction with government in achieving the
goals of a mixed | ||||||
| 12 | free enterprise system. Beginning with the 2020-2021 school | ||||||
| 13 | year, the teaching of history must also include instruction on | ||||||
| 14 | the history of Illinois. No pupils shall be graduated
from the | ||||||
| 15 | eighth grade of any
public school unless he has received such | ||||||
| 16 | instruction in the history of the
United States and gives | ||||||
| 17 | evidence of having a comprehensive knowledge
thereof.
| ||||||
| 18 | (Source: P.A. 101-341, eff. 1-1-20; revised 9-19-19.)
| ||||||
| 19 | (Text of Section after amendment by P.A. 101-227) | ||||||
| 20 | Sec. 27-21. History of United States. History of the United | ||||||
| 21 | States shall be taught in all public schools and
in all other | ||||||
| 22 | educational institutions in this State supported or
| ||||||
| 23 | maintained, in whole or in part, by public funds. The teaching | ||||||
| 24 | of history
shall have as one of its objectives the imparting to | ||||||
| 25 | pupils of a
comprehensive idea of our democratic form of | ||||||
| |||||||
| |||||||
| 1 | government and the principles
for which our government stands | ||||||
| 2 | as regards other nations, including the
studying of the place | ||||||
| 3 | of our government in world-wide movements and the
leaders | ||||||
| 4 | thereof, with particular stress upon the basic principles and
| ||||||
| 5 | ideals of our representative form of government. The teaching | ||||||
| 6 | of history
shall include a study of the role and contributions | ||||||
| 7 | of African Americans and
other ethnic groups, including, but | ||||||
| 8 | not restricted to, Polish, Lithuanian, German,
Hungarian, | ||||||
| 9 | Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
| ||||||
| 10 | French, Scots, Hispanics, Asian Americans, etc., in the history | ||||||
| 11 | of this
country and this
State. To reinforce the study of the | ||||||
| 12 | role and contributions of Hispanics, such curriculum shall | ||||||
| 13 | include the study of the events related to the forceful removal | ||||||
| 14 | and illegal deportation of Mexican-American U.S. citizens | ||||||
| 15 | during the Great Depression. In public schools only, the | ||||||
| 16 | teaching of history shall include a study of the roles and | ||||||
| 17 | contributions of lesbian, gay, bisexual, and transgender | ||||||
| 18 | people in the history of this country and this State. The | ||||||
| 19 | teaching of history also shall include a study of the
role of | ||||||
| 20 | labor unions and their interaction with government in achieving | ||||||
| 21 | the
goals of a mixed free enterprise system. Beginning with the | ||||||
| 22 | 2020-2021 school year, the teaching of history must also | ||||||
| 23 | include instruction on the history of Illinois. No pupils shall | ||||||
| 24 | be graduated
from the eighth grade of any
public school unless | ||||||
| 25 | he or she has received such instruction in the history of the
| ||||||
| 26 | United States and gives evidence of having a comprehensive | ||||||
| |||||||
| |||||||
| 1 | knowledge
thereof.
| ||||||
| 2 | (Source: P.A. 101-227, eff. 7-1-20; 101-341, eff. 1-1-20; | ||||||
| 3 | revised 9-19-19.)
| ||||||
| 4 | (105 ILCS 5/27-23.13) | ||||||
| 5 | Sec. 27-23.13. Hunting safety. A school district may offer | ||||||
| 6 | its students a course on hunting safety as part of its | ||||||
| 7 | curriculum during the school day or as part of an after-school | ||||||
| 8 | program. The State Board of Education may prepare and make | ||||||
| 9 | available to school boards resources on hunting safety that may | ||||||
| 10 | be used as guidelines for the development of a course under | ||||||
| 11 | this Section.
| ||||||
| 12 | (Source: P.A. 101-152, eff. 7-26-19.)
| ||||||
| 13 | (105 ILCS 5/27-23.14) | ||||||
| 14 | Sec. 27-23.14 27-23.13. Workplace preparation course. A | ||||||
| 15 | school district that maintains any of grades 9 through 12 may | ||||||
| 16 | include in its high school curriculum a unit of instruction on | ||||||
| 17 | workplace preparation that covers legal protections in the | ||||||
| 18 | workplace, including protection against sexual harassment and | ||||||
| 19 | racial and other forms of discrimination and other protections | ||||||
| 20 | for employees. A school board may determine the minimum amount | ||||||
| 21 | of instruction time that qualifies as a unit of instruction | ||||||
| 22 | under this Section.
| ||||||
| 23 | (Source: P.A. 101-347, eff. 1-1-20; revised 9-25-19.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
| ||||||
| 2 | Sec. 27-24.1. Definitions. As used in the Driver Education | ||||||
| 3 | Act unless the context otherwise
requires:
| ||||||
| 4 | "State Board" means the State Board of Education. ;
| ||||||
| 5 | "Driver education course" and "course" means a course of | ||||||
| 6 | instruction
in the use and operation of cars, including | ||||||
| 7 | instruction in the safe
operation of cars and rules of the road | ||||||
| 8 | and the laws of this State
relating to motor vehicles, which | ||||||
| 9 | meets the minimum requirements of this
Act and the rules and | ||||||
| 10 | regulations issued thereunder by the
State Board and has been | ||||||
| 11 | approved by the State
Board as meeting
such requirements. ;
| ||||||
| 12 | "Car" means a motor vehicle of the first division as | ||||||
| 13 | defined in the
Illinois Vehicle Code. ;
| ||||||
| 14 | "Motorcycle" or "motor driven cycle" means such a vehicle | ||||||
| 15 | as defined
in the Illinois Vehicle Code. ;
| ||||||
| 16 | "Driver's license" means any license or permit issued by | ||||||
| 17 | the
Secretary of State under Chapter 6 of the Illinois Vehicle | ||||||
| 18 | Code.
| ||||||
| 19 | "Distance learning program" means a program of study in | ||||||
| 20 | which all participating teachers and students do not physically | ||||||
| 21 | meet in the classroom and instead use the Internet, email, or | ||||||
| 22 | any other method other than the classroom to provide | ||||||
| 23 | instruction. | ||||||
| 24 | With reference to persons, the singular number includes the | ||||||
| 25 | plural
and vice versa, and the masculine gender includes the | ||||||
| 26 | feminine.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
| ||||||
| 2 | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) | ||||||
| 3 | Sec. 27-24.2. Safety education; driver education course. | ||||||
| 4 | Instruction shall be given in safety education in each of | ||||||
| 5 | grades one through 8, equivalent to one class period each week, | ||||||
| 6 | and any school district which maintains
grades 9 through 12 | ||||||
| 7 | shall offer a driver education course in any such school
which | ||||||
| 8 | it operates. Its curriculum shall include content dealing with | ||||||
| 9 | Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, | ||||||
| 10 | the rules adopted pursuant to those Chapters insofar as they | ||||||
| 11 | pertain to the operation of motor vehicles, and the portions of | ||||||
| 12 | the Litter Control Act relating to the operation of motor | ||||||
| 13 | vehicles. The course of instruction given in grades 10 through | ||||||
| 14 | 12 shall include an emphasis on the development of knowledge, | ||||||
| 15 | attitudes, habits, and skills necessary for the safe operation | ||||||
| 16 | of motor vehicles, including motorcycles insofar as they can be | ||||||
| 17 | taught in the classroom, and instruction on distracted driving | ||||||
| 18 | as a major traffic safety issue. In addition, the course shall | ||||||
| 19 | include instruction on special hazards existing at and required | ||||||
| 20 | safety and driving precautions that must be observed at | ||||||
| 21 | emergency situations, highway construction and maintenance | ||||||
| 22 | zones, and railroad crossings and the approaches thereto. | ||||||
| 23 | Beginning with the 2017-2018 school year, the course shall also | ||||||
| 24 | include instruction concerning law enforcement procedures for | ||||||
| 25 | traffic stops, including a demonstration of the proper actions | ||||||
| |||||||
| |||||||
| 1 | to be taken during a traffic stop and appropriate interactions | ||||||
| 2 | with law enforcement. The course of instruction required of | ||||||
| 3 | each eligible student at the high school level shall consist of | ||||||
| 4 | a minimum of 30 clock hours of classroom instruction and a | ||||||
| 5 | minimum of 6 clock hours of individual behind-the-wheel | ||||||
| 6 | instruction in a dual control car on public roadways taught by | ||||||
| 7 | a driver education instructor endorsed by the State Board of | ||||||
| 8 | Education. A school district's decision to allow a student to | ||||||
| 9 | take a portion of the driver education course through a | ||||||
| 10 | distance learning program must be determined on a case-by-case | ||||||
| 11 | basis and must be approved by the school's administration, | ||||||
| 12 | including the student's driver education teacher, and the | ||||||
| 13 | student's parent or guardian. Under no circumstances may the | ||||||
| 14 | student take the entire driver education course through a | ||||||
| 15 | distance learning program. Both the classroom instruction part | ||||||
| 16 | and the practice driving
part of a driver education course | ||||||
| 17 | shall be open to a resident or
non-resident student attending a | ||||||
| 18 | non-public school in the district wherein the
course is | ||||||
| 19 | offered. Each student attending any public or non-public high | ||||||
| 20 | school
in the district must receive a passing grade in at least | ||||||
| 21 | 8 courses during the
previous 2 semesters prior to enrolling in | ||||||
| 22 | a driver education course, or the
student shall not be | ||||||
| 23 | permitted to enroll in the course; provided that the local
| ||||||
| 24 | superintendent of schools (with respect to a student attending | ||||||
| 25 | a public high
school in the district) or chief school | ||||||
| 26 | administrator (with respect to a
student attending a non-public | ||||||
| |||||||
| |||||||
| 1 | high school in the district) may waive the
requirement if the | ||||||
| 2 | superintendent or chief school administrator, as the case
may | ||||||
| 3 | be, deems it to be in the best interest of the student. A | ||||||
| 4 | student may be allowed to commence the
classroom instruction | ||||||
| 5 | part of such driver education course prior to reaching
age 15 | ||||||
| 6 | if such student then will be eligible to complete the entire | ||||||
| 7 | course
within 12 months after being allowed to commence such | ||||||
| 8 | classroom instruction. | ||||||
| 9 | A school district may offer a driver education course in a | ||||||
| 10 | school by contracting with a commercial driver training school | ||||||
| 11 | to provide both the classroom instruction part and the practice | ||||||
| 12 | driving part or either one without having to request a | ||||||
| 13 | modification or waiver of administrative rules of the State | ||||||
| 14 | Board of Education if the school district approves the action | ||||||
| 15 | during a public hearing on whether to enter into a contract | ||||||
| 16 | with a commercial driver training school. The public hearing | ||||||
| 17 | shall be held at a regular or special school board meeting | ||||||
| 18 | prior to entering into such a contract. If a school district | ||||||
| 19 | chooses to approve a contract with a commercial driver training | ||||||
| 20 | school, then the district must provide evidence to the State | ||||||
| 21 | Board of Education that the commercial driver training school | ||||||
| 22 | with which it will contract holds a license issued by the | ||||||
| 23 | Secretary of State under Article IV of Chapter 6 of the | ||||||
| 24 | Illinois Vehicle Code and that each instructor employed by the | ||||||
| 25 | commercial driver training school to provide instruction to | ||||||
| 26 | students served by the school district holds a valid teaching | ||||||
| |||||||
| |||||||
| 1 | license issued under the requirements of this Code and rules of | ||||||
| 2 | the State Board of Education. Such evidence must include, but | ||||||
| 3 | need not be limited to, a list of each instructor assigned to | ||||||
| 4 | teach students served by the school district, which list shall | ||||||
| 5 | include the instructor's name, personal identification number | ||||||
| 6 | as required by the State Board of Education, birth date, and | ||||||
| 7 | driver's license number. Once the contract is entered into, the | ||||||
| 8 | school district shall notify the State Board of Education of | ||||||
| 9 | any changes in the personnel providing instruction either (i) | ||||||
| 10 | within 15 calendar days after an instructor leaves the program | ||||||
| 11 | or (ii) before a new instructor is hired. Such notification | ||||||
| 12 | shall include the instructor's name, personal identification | ||||||
| 13 | number as required by the State Board of Education, birth date, | ||||||
| 14 | and driver's license number. If the school district maintains | ||||||
| 15 | an Internet website, then the district shall post a copy of the | ||||||
| 16 | final contract between the district and the commercial driver | ||||||
| 17 | training school on the district's Internet website. If no | ||||||
| 18 | Internet website exists, then the school district shall make | ||||||
| 19 | available the contract upon request. A record of all materials | ||||||
| 20 | in relation to the contract must be maintained by the school | ||||||
| 21 | district and made available to parents and guardians upon | ||||||
| 22 | request. The instructor's date of birth and driver's license | ||||||
| 23 | number and any other personally identifying information as | ||||||
| 24 | deemed by the federal Driver's Privacy Protection Act of 1994 | ||||||
| 25 | must be redacted from any public materials. | ||||||
| 26 | Such a course may be commenced immediately after the | ||||||
| |||||||
| |||||||
| 1 | completion of a prior
course. Teachers of such courses shall | ||||||
| 2 | meet the licensure requirements of
this Code and regulations of | ||||||
| 3 | the State Board as to qualifications. Except for a contract | ||||||
| 4 | with a Certified Driver Rehabilitation Specialist, a school | ||||||
| 5 | district that contracts with a third party to teach a driver | ||||||
| 6 | education course under this Section must ensure the teacher | ||||||
| 7 | meets the educator licensure and endorsement requirements | ||||||
| 8 | under Article 21B and must follow the same evaluation and | ||||||
| 9 | observation requirements that apply to non-tenured teachers | ||||||
| 10 | under Article 24A. The teacher evaluation must be conducted by | ||||||
| 11 | a school administrator employed by the school district and must | ||||||
| 12 | be submitted annually to the district superintendent and all | ||||||
| 13 | school board members for oversight purposes. | ||||||
| 14 | Subject to rules of the State Board of Education, the | ||||||
| 15 | school district may charge a reasonable fee, not to exceed $50, | ||||||
| 16 | to students who participate in the course, unless a student is | ||||||
| 17 | unable to pay for such a course, in which event the fee for | ||||||
| 18 | such a student must be waived. However, the district may | ||||||
| 19 | increase this fee to an amount not to exceed $250 by school | ||||||
| 20 | board resolution following a public hearing on the increase, | ||||||
| 21 | which increased fee must be waived for students who participate | ||||||
| 22 | in the course and are unable to pay for the course. The total | ||||||
| 23 | amount from driver education fees and reimbursement from the | ||||||
| 24 | State for driver education must not exceed the total cost of | ||||||
| 25 | the driver education program in any year and must be deposited | ||||||
| 26 | into the school district's driver education fund as a separate | ||||||
| |||||||
| |||||||
| 1 | line item budget entry. All moneys deposited into the school | ||||||
| 2 | district's driver education fund must be used solely for the | ||||||
| 3 | funding of a high school driver education program approved by | ||||||
| 4 | the State Board of Education that uses driver education | ||||||
| 5 | instructors endorsed by the State Board of Education. | ||||||
| 6 | (Source: P.A. 100-465, eff. 8-31-17; 101-183, eff. 8-2-19; | ||||||
| 7 | 101-450, eff. 8-23-19; revised 9-19-19.)
| ||||||
| 8 | (105 ILCS 5/27A-5)
| ||||||
| 9 | (Text of Section before amendment by P.A. 101-50) | ||||||
| 10 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
| 11 | (a) A charter school shall be a public, nonsectarian, | ||||||
| 12 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
| 13 | school shall be organized and operated
as a nonprofit | ||||||
| 14 | corporation or other discrete, legal, nonprofit entity
| ||||||
| 15 | authorized under the laws of the State of Illinois.
| ||||||
| 16 | (b) A charter school may be established under this Article | ||||||
| 17 | by creating a new
school or by converting an existing public | ||||||
| 18 | school or attendance center to
charter
school status.
Beginning | ||||||
| 19 | on April 16, 2003 (the effective date of Public Act 93-3), in | ||||||
| 20 | all new
applications to establish
a charter
school in a city | ||||||
| 21 | having a population exceeding 500,000, operation of the
charter
| ||||||
| 22 | school shall be limited to one campus. The changes made to this | ||||||
| 23 | Section by Public Act 93-3 do not apply to charter schools | ||||||
| 24 | existing or approved on or before April 16, 2003 (the
effective | ||||||
| 25 | date of Public Act 93-3). | ||||||
| |||||||
| |||||||
| 1 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
| 2 | a cyber school where students engage in online curriculum and | ||||||
| 3 | instruction via the Internet and electronic communication with | ||||||
| 4 | their teachers at remote locations and with students | ||||||
| 5 | participating at different times. | ||||||
| 6 | From April 1, 2013 through December 31, 2016, there is a | ||||||
| 7 | moratorium on the establishment of charter schools with | ||||||
| 8 | virtual-schooling components in school districts other than a | ||||||
| 9 | school district organized under Article 34 of this Code. This | ||||||
| 10 | moratorium does not apply to a charter school with | ||||||
| 11 | virtual-schooling components existing or approved prior to | ||||||
| 12 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
| 13 | school with virtual-schooling components already approved | ||||||
| 14 | prior to April 1, 2013.
| ||||||
| 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. No later than January 1, 2021 (one year after the | ||||||
| 20 | effective date of Public Act 101-291) this amendatory Act of | ||||||
| 21 | the 101st General Assembly, a charter school's board of | ||||||
| 22 | directors or other governing body must include at least one | ||||||
| 23 | parent or guardian of a pupil currently enrolled in the charter | ||||||
| 24 | school who may be selected through the charter school or a | ||||||
| 25 | charter network election, appointment by the charter school's | ||||||
| 26 | board of directors or other governing body, or by the charter | ||||||
| |||||||
| |||||||
| 1 | school's Parent Teacher Organization or its equivalent. | ||||||
| 2 | (c-5) No later than January 1, 2021 (one year after the | ||||||
| 3 | effective date of Public Act 101-291) this amendatory Act of | ||||||
| 4 | the 101st General Assembly or within the first year of his or | ||||||
| 5 | her first term, every voting member of a charter school's board | ||||||
| 6 | of directors or other governing body shall complete a minimum | ||||||
| 7 | of 4 hours of professional development leadership training to | ||||||
| 8 | ensure that each member has sufficient familiarity with the | ||||||
| 9 | board's or governing body's role and responsibilities, | ||||||
| 10 | including financial oversight and accountability of the | ||||||
| 11 | school, evaluating the principal's and school's performance, | ||||||
| 12 | adherence to the Freedom of Information Act and the Open | ||||||
| 13 | Meetings Act Acts, and compliance with education and labor law. | ||||||
| 14 | In each subsequent year of his or her term, a voting member of | ||||||
| 15 | a charter school's board of directors or other governing body | ||||||
| 16 | shall complete a minimum of 2 hours of professional development | ||||||
| 17 | training in these same areas. The training under this | ||||||
| 18 | subsection may be provided or certified by a statewide charter | ||||||
| 19 | school membership association or may be provided or certified | ||||||
| 20 | by other qualified providers approved by the State Board of | ||||||
| 21 | Education.
| ||||||
| 22 | (d) For purposes of this subsection (d), "non-curricular | ||||||
| 23 | health and safety requirement" means any health and safety | ||||||
| 24 | requirement created by statute or rule to provide, maintain, | ||||||
| 25 | preserve, or safeguard safe or healthful conditions for | ||||||
| 26 | students and school personnel or to eliminate, reduce, or | ||||||
| |||||||
| |||||||
| 1 | prevent threats to the health and safety of students and school | ||||||
| 2 | personnel. "Non-curricular health and safety requirement" does | ||||||
| 3 | not include any course of study or specialized instructional | ||||||
| 4 | requirement for which the State Board has established goals and | ||||||
| 5 | learning standards or which is designed primarily to impart | ||||||
| 6 | knowledge and skills for students to master and apply as an | ||||||
| 7 | outcome of their education. | ||||||
| 8 | A charter school shall comply with all non-curricular | ||||||
| 9 | health and safety
requirements applicable to public schools | ||||||
| 10 | under the laws of the State of
Illinois. On or before September | ||||||
| 11 | 1, 2015, the State Board shall promulgate and post on its | ||||||
| 12 | Internet website a list of non-curricular health and safety | ||||||
| 13 | requirements that a charter school must meet. The list shall be | ||||||
| 14 | updated annually no later than September 1. Any charter | ||||||
| 15 | contract between a charter school and its authorizer must | ||||||
| 16 | contain a provision that requires the charter school to follow | ||||||
| 17 | the list of all non-curricular health and safety requirements | ||||||
| 18 | promulgated by the State Board and any non-curricular health | ||||||
| 19 | and safety requirements added by the State Board to such list | ||||||
| 20 | during the term of the charter. Nothing in this subsection (d) | ||||||
| 21 | precludes an authorizer from including non-curricular health | ||||||
| 22 | and safety requirements in a charter school contract that are | ||||||
| 23 | not contained in the list promulgated by the State Board, | ||||||
| 24 | including non-curricular health and safety requirements of the | ||||||
| 25 | authorizing local school board.
| ||||||
| 26 | (e) Except as otherwise provided in the School Code, a | ||||||
| |||||||
| |||||||
| 1 | charter school shall
not charge tuition; provided that a | ||||||
| 2 | charter school may charge reasonable fees
for textbooks, | ||||||
| 3 | instructional materials, and student activities.
| ||||||
| 4 | (f) A charter school shall be responsible for the | ||||||
| 5 | management and operation
of its fiscal affairs including,
but | ||||||
| 6 | not limited to, the preparation of its budget. An audit of each | ||||||
| 7 | charter
school's finances shall be conducted annually by an | ||||||
| 8 | outside, independent
contractor retained by the charter | ||||||
| 9 | school. To ensure financial accountability for the use of | ||||||
| 10 | public funds, on or before December 1 of every year of | ||||||
| 11 | operation, each charter school shall submit to its authorizer | ||||||
| 12 | and the State Board a copy of its audit and a copy of the Form | ||||||
| 13 | 990 the charter school filed that year with the federal | ||||||
| 14 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
| 15 | proper financial oversight of the charter school, an authorizer | ||||||
| 16 | may require quarterly financial statements from each charter | ||||||
| 17 | school.
| ||||||
| 18 | (g) A charter school shall comply with all provisions of | ||||||
| 19 | this Article, the Illinois Educational Labor Relations Act, all | ||||||
| 20 | federal and State laws and rules applicable to public schools | ||||||
| 21 | that pertain to special education and the instruction of | ||||||
| 22 | English learners, and
its charter. A charter
school is exempt | ||||||
| 23 | from all other State laws and regulations in this Code
| ||||||
| 24 | governing public
schools and local school board policies; | ||||||
| 25 | however, a charter school is not exempt from the following:
| ||||||
| 26 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
| |||||||
| |||||||
| 1 | criminal
history records checks and checks of the Statewide | ||||||
| 2 | Sex Offender Database and Statewide Murderer and Violent | ||||||
| 3 | Offender Against Youth Database of applicants for | ||||||
| 4 | employment;
| ||||||
| 5 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
| 6 | 34-84a of this Code regarding discipline of
students;
| ||||||
| 7 | (3) the Local Governmental and Governmental Employees | ||||||
| 8 | Tort Immunity Act;
| ||||||
| 9 | (4) Section 108.75 of the General Not For Profit | ||||||
| 10 | Corporation Act of 1986
regarding indemnification of | ||||||
| 11 | officers, directors, employees, and agents;
| ||||||
| 12 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
| 13 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
| 14 | subsection (b) of Section 34-18.6 of this Code; | ||||||
| 15 | (6) the Illinois School Student Records Act;
| ||||||
| 16 | (7) Section 10-17a of this Code regarding school report | ||||||
| 17 | cards;
| ||||||
| 18 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 19 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 20 | prevention; | ||||||
| 21 | (10) Section 2-3.162 of this Code regarding student | ||||||
| 22 | discipline reporting; | ||||||
| 23 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
| 24 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
| 25 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
| 26 | (14) Section 26-18 of this Code; | ||||||
| |||||||
| |||||||
| 1 | (15) Section 22-30 of this Code; and | ||||||
| 2 | (16) Sections 24-12 and 34-85 of this Code. | ||||||
| 3 | The change made by Public Act 96-104 to this subsection (g) | ||||||
| 4 | is declaratory of existing law. | ||||||
| 5 | (h) A charter school may negotiate and contract with a | ||||||
| 6 | school district, the
governing body of a State college or | ||||||
| 7 | university or public community college, or
any other public or | ||||||
| 8 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
| 9 | school building and grounds or any other real property or | ||||||
| 10 | facilities that
the charter school desires to use or convert | ||||||
| 11 | for use as a charter school site,
(ii) the operation and | ||||||
| 12 | maintenance thereof, and
(iii) the provision of any service, | ||||||
| 13 | activity, or undertaking that the charter
school is required to | ||||||
| 14 | perform in order to carry out the terms of its charter.
| ||||||
| 15 | However, a charter school
that is established on
or
after April | ||||||
| 16 | 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
| 17 | operates
in a city having a population exceeding
500,000 may | ||||||
| 18 | not contract with a for-profit entity to
manage or operate the | ||||||
| 19 | school during the period that commences on April 16, 2003 (the
| ||||||
| 20 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
| 21 | the 2004-2005 school year.
Except as provided in subsection (i) | ||||||
| 22 | of this Section, a school district may
charge a charter school | ||||||
| 23 | reasonable rent for the use of the district's
buildings, | ||||||
| 24 | grounds, and facilities. Any services for which a charter | ||||||
| 25 | school
contracts
with a school district shall be provided by | ||||||
| 26 | the district at cost. Any services
for which a charter school | ||||||
| |||||||
| |||||||
| 1 | contracts with a local school board or with the
governing body | ||||||
| 2 | of a State college or university or public community college
| ||||||
| 3 | shall be provided by the public entity at cost.
| ||||||
| 4 | (i) In no event shall a charter school that is established | ||||||
| 5 | by converting an
existing school or attendance center to | ||||||
| 6 | charter school status be required to
pay rent for space
that is | ||||||
| 7 | deemed available, as negotiated and provided in the charter | ||||||
| 8 | agreement,
in school district
facilities. However, all other | ||||||
| 9 | costs for the operation and maintenance of
school district | ||||||
| 10 | facilities that are used by the charter school shall be subject
| ||||||
| 11 | to negotiation between
the charter school and the local school | ||||||
| 12 | board and shall be set forth in the
charter.
| ||||||
| 13 | (j) A charter school may limit student enrollment by age or | ||||||
| 14 | grade level.
| ||||||
| 15 | (k) If the charter school is approved by the State Board or | ||||||
| 16 | Commission, then the charter school is its own local education | ||||||
| 17 | agency. | ||||||
| 18 | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | ||||||
| 19 | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | ||||||
| 20 | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, | ||||||
| 21 | eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; | ||||||
| 22 | 101-543, eff. 8-23-19; revised 9-19-19.)
| ||||||
| 23 | (Text of Section after amendment by P.A. 101-50)
| ||||||
| 24 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
| 25 | (a) A charter school shall be a public, nonsectarian, | ||||||
| |||||||
| |||||||
| 1 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
| 2 | school shall be organized and operated
as a nonprofit | ||||||
| 3 | corporation or other discrete, legal, nonprofit entity
| ||||||
| 4 | authorized under the laws of the State of Illinois.
| ||||||
| 5 | (b) A charter school may be established under this Article | ||||||
| 6 | by creating a new
school or by converting an existing public | ||||||
| 7 | school or attendance center to
charter
school status.
Beginning | ||||||
| 8 | on April 16, 2003 (the effective date of Public Act 93-3), in | ||||||
| 9 | all new
applications to establish
a charter
school in a city | ||||||
| 10 | having a population exceeding 500,000, operation of the
charter
| ||||||
| 11 | school shall be limited to one campus. The changes made to this | ||||||
| 12 | Section by Public Act 93-3 do not apply to charter schools | ||||||
| 13 | existing or approved on or before April 16, 2003 (the
effective | ||||||
| 14 | date of Public Act 93-3). | ||||||
| 15 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
| 16 | a cyber school where students engage in online curriculum and | ||||||
| 17 | instruction via the Internet and electronic communication with | ||||||
| 18 | their teachers at remote locations and with students | ||||||
| 19 | participating at different times. | ||||||
| 20 | From April 1, 2013 through December 31, 2016, there is a | ||||||
| 21 | moratorium on the establishment of charter schools with | ||||||
| 22 | virtual-schooling components in school districts other than a | ||||||
| 23 | school district organized under Article 34 of this Code. This | ||||||
| 24 | moratorium does not apply to a charter school with | ||||||
| 25 | virtual-schooling components existing or approved prior to | ||||||
| 26 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
| |||||||
| |||||||
| 1 | school with virtual-schooling components already approved | ||||||
| 2 | prior to April 1, 2013.
| ||||||
| 3 | (c) A charter school shall be administered and governed by | ||||||
| 4 | its board of
directors or other governing body
in the manner | ||||||
| 5 | provided in its charter. The governing body of a charter school
| ||||||
| 6 | shall be subject to the Freedom of Information Act and the Open | ||||||
| 7 | Meetings Act. No later than January 1, 2021 (one year after the | ||||||
| 8 | effective date of Public Act 101-291) this amendatory Act of | ||||||
| 9 | the 101st General Assembly, a charter school's board of | ||||||
| 10 | directors or other governing body must include at least one | ||||||
| 11 | parent or guardian of a pupil currently enrolled in the charter | ||||||
| 12 | school who may be selected through the charter school or a | ||||||
| 13 | charter network election, appointment by the charter school's | ||||||
| 14 | board of directors or other governing body, or by the charter | ||||||
| 15 | school's Parent Teacher Organization or its equivalent. | ||||||
| 16 | (c-5) No later than January 1, 2021 (one year after the | ||||||
| 17 | effective date of Public Act 101-291) this amendatory Act of | ||||||
| 18 | the 101st General Assembly or within the first year of his or | ||||||
| 19 | her first term, every voting member of a charter school's board | ||||||
| 20 | of directors or other governing body shall complete a minimum | ||||||
| 21 | of 4 hours of professional development leadership training to | ||||||
| 22 | ensure that each member has sufficient familiarity with the | ||||||
| 23 | board's or governing body's role and responsibilities, | ||||||
| 24 | including financial oversight and accountability of the | ||||||
| 25 | school, evaluating the principal's and school's performance, | ||||||
| 26 | adherence to the Freedom of Information Act and the Open | ||||||
| |||||||
| |||||||
| 1 | Meetings Act Acts, and compliance with education and labor law. | ||||||
| 2 | In each subsequent year of his or her term, a voting member of | ||||||
| 3 | a charter school's board of directors or other governing body | ||||||
| 4 | shall complete a minimum of 2 hours of professional development | ||||||
| 5 | training in these same areas. The training under this | ||||||
| 6 | subsection may be provided or certified by a statewide charter | ||||||
| 7 | school membership association or may be provided or certified | ||||||
| 8 | by other qualified providers approved by the State Board of | ||||||
| 9 | Education.
| ||||||
| 10 | (d) For purposes of this subsection (d), "non-curricular | ||||||
| 11 | health and safety requirement" means any health and safety | ||||||
| 12 | requirement created by statute or rule to provide, maintain, | ||||||
| 13 | preserve, or safeguard safe or healthful conditions for | ||||||
| 14 | students and school personnel or to eliminate, reduce, or | ||||||
| 15 | prevent threats to the health and safety of students and school | ||||||
| 16 | personnel. "Non-curricular health and safety requirement" does | ||||||
| 17 | not include any course of study or specialized instructional | ||||||
| 18 | requirement for which the State Board has established goals and | ||||||
| 19 | learning standards or which is designed primarily to impart | ||||||
| 20 | knowledge and skills for students to master and apply as an | ||||||
| 21 | outcome of their education. | ||||||
| 22 | A charter school shall comply with all non-curricular | ||||||
| 23 | health and safety
requirements applicable to public schools | ||||||
| 24 | under the laws of the State of
Illinois. On or before September | ||||||
| 25 | 1, 2015, the State Board shall promulgate and post on its | ||||||
| 26 | Internet website a list of non-curricular health and safety | ||||||
| |||||||
| |||||||
| 1 | requirements that a charter school must meet. The list shall be | ||||||
| 2 | updated annually no later than September 1. Any charter | ||||||
| 3 | contract between a charter school and its authorizer must | ||||||
| 4 | contain a provision that requires the charter school to follow | ||||||
| 5 | the list of all non-curricular health and safety requirements | ||||||
| 6 | promulgated by the State Board and any non-curricular health | ||||||
| 7 | and safety requirements added by the State Board to such list | ||||||
| 8 | during the term of the charter. Nothing in this subsection (d) | ||||||
| 9 | precludes an authorizer from including non-curricular health | ||||||
| 10 | and safety requirements in a charter school contract that are | ||||||
| 11 | not contained in the list promulgated by the State Board, | ||||||
| 12 | including non-curricular health and safety requirements of the | ||||||
| 13 | authorizing local school board.
| ||||||
| 14 | (e) Except as otherwise provided in the School Code, a | ||||||
| 15 | charter school shall
not charge tuition; provided that a | ||||||
| 16 | charter school may charge reasonable fees
for textbooks, | ||||||
| 17 | instructional materials, and student activities.
| ||||||
| 18 | (f) A charter school shall be responsible for the | ||||||
| 19 | management and operation
of its fiscal affairs including,
but | ||||||
| 20 | not limited to, the preparation of its budget. An audit of each | ||||||
| 21 | charter
school's finances shall be conducted annually by an | ||||||
| 22 | outside, independent
contractor retained by the charter | ||||||
| 23 | school. To ensure financial accountability for the use of | ||||||
| 24 | public funds, on or before December 1 of every year of | ||||||
| 25 | operation, each charter school shall submit to its authorizer | ||||||
| 26 | and the State Board a copy of its audit and a copy of the Form | ||||||
| |||||||
| |||||||
| 1 | 990 the charter school filed that year with the federal | ||||||
| 2 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
| 3 | proper financial oversight of the charter school, an authorizer | ||||||
| 4 | may require quarterly financial statements from each charter | ||||||
| 5 | school.
| ||||||
| 6 | (g) A charter school shall comply with all provisions of | ||||||
| 7 | this Article, the Illinois Educational Labor Relations Act, all | ||||||
| 8 | federal and State laws and rules applicable to public schools | ||||||
| 9 | that pertain to special education and the instruction of | ||||||
| 10 | English learners, and
its charter. A charter
school is exempt | ||||||
| 11 | from all other State laws and regulations in this Code
| ||||||
| 12 | governing public
schools and local school board policies; | ||||||
| 13 | however, a charter school is not exempt from the following:
| ||||||
| 14 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
| 15 | criminal
history records checks and checks of the Statewide | ||||||
| 16 | Sex Offender Database and Statewide Murderer and Violent | ||||||
| 17 | Offender Against Youth Database of applicants for | ||||||
| 18 | employment;
| ||||||
| 19 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
| 20 | 34-84a of this Code regarding discipline of
students;
| ||||||
| 21 | (3) the Local Governmental and Governmental Employees | ||||||
| 22 | Tort Immunity Act;
| ||||||
| 23 | (4) Section 108.75 of the General Not For Profit | ||||||
| 24 | Corporation Act of 1986
regarding indemnification of | ||||||
| 25 | officers, directors, employees, and agents;
| ||||||
| 26 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
| |||||||
| |||||||
| 1 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
| 2 | subsection (b) of Section 34-18.6 of this Code; | ||||||
| 3 | (6) the Illinois School Student Records Act;
| ||||||
| 4 | (7) Section 10-17a of this Code regarding school report | ||||||
| 5 | cards;
| ||||||
| 6 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 7 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 8 | prevention; | ||||||
| 9 | (10) Section 2-3.162 of this Code regarding student | ||||||
| 10 | discipline reporting; | ||||||
| 11 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
| 12 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
| 13 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
| 14 | (14) Section 26-18 of this Code; | ||||||
| 15 | (15) Section 22-30 of this Code; and | ||||||
| 16 | (16) Sections 24-12 and 34-85 of this Code; and . | ||||||
| 17 | (17) (16) The Seizure Smart School Act. | ||||||
| 18 | The change made by Public Act 96-104 to this subsection (g) | ||||||
| 19 | is declaratory of existing law. | ||||||
| 20 | (h) A charter school may negotiate and contract with a | ||||||
| 21 | school district, the
governing body of a State college or | ||||||
| 22 | university or public community college, or
any other public or | ||||||
| 23 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
| 24 | school building and grounds or any other real property or | ||||||
| 25 | facilities that
the charter school desires to use or convert | ||||||
| 26 | for use as a charter school site,
(ii) the operation and | ||||||
| |||||||
| |||||||
| 1 | maintenance thereof, and
(iii) the provision of any service, | ||||||
| 2 | activity, or undertaking that the charter
school is required to | ||||||
| 3 | perform in order to carry out the terms of its charter.
| ||||||
| 4 | However, a charter school
that is established on
or
after April | ||||||
| 5 | 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
| 6 | operates
in a city having a population exceeding
500,000 may | ||||||
| 7 | not contract with a for-profit entity to
manage or operate the | ||||||
| 8 | school during the period that commences on April 16, 2003 (the
| ||||||
| 9 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
| 10 | the 2004-2005 school year.
Except as provided in subsection (i) | ||||||
| 11 | of this Section, a school district may
charge a charter school | ||||||
| 12 | reasonable rent for the use of the district's
buildings, | ||||||
| 13 | grounds, and facilities. Any services for which a charter | ||||||
| 14 | school
contracts
with a school district shall be provided by | ||||||
| 15 | the district at cost. Any services
for which a charter school | ||||||
| 16 | contracts with a local school board or with the
governing body | ||||||
| 17 | of a State college or university or public community college
| ||||||
| 18 | shall be provided by the public entity at cost.
| ||||||
| 19 | (i) In no event shall a charter school that is established | ||||||
| 20 | by converting an
existing school or attendance center to | ||||||
| 21 | charter school status be required to
pay rent for space
that is | ||||||
| 22 | deemed available, as negotiated and provided in the charter | ||||||
| 23 | agreement,
in school district
facilities. However, all other | ||||||
| 24 | costs for the operation and maintenance of
school district | ||||||
| 25 | facilities that are used by the charter school shall be subject
| ||||||
| 26 | to negotiation between
the charter school and the local school | ||||||
| |||||||
| |||||||
| 1 | board and shall be set forth in the
charter.
| ||||||
| 2 | (j) A charter school may limit student enrollment by age or | ||||||
| 3 | grade level.
| ||||||
| 4 | (k) If the charter school is approved by the State Board or | ||||||
| 5 | Commission, then the charter school is its own local education | ||||||
| 6 | agency. | ||||||
| 7 | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | ||||||
| 8 | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | ||||||
| 9 | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | ||||||
| 10 | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | ||||||
| 11 | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised | ||||||
| 12 | 9-19-19.)
| ||||||
| 13 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||||||
| 14 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
| 15 | general
supervision and jurisdiction over the public education | ||||||
| 16 | and the public
school system of the city, and, except as | ||||||
| 17 | otherwise provided by this
Article, shall have power:
| ||||||
| 18 | 1. To make suitable provision for the establishment and | ||||||
| 19 | maintenance
throughout the year or for such portion thereof | ||||||
| 20 | as it may direct, not
less than 9 months and in compliance | ||||||
| 21 | with Section 10-19.05, of schools of all grades and kinds, | ||||||
| 22 | including normal
schools, high schools, night schools, | ||||||
| 23 | schools for defectives and
delinquents, parental and | ||||||
| 24 | truant schools, schools for the blind, the
deaf, and | ||||||
| 25 | persons with physical disabilities, schools or classes in | ||||||
| |||||||
| |||||||
| 1 | manual training,
constructural and vocational teaching, | ||||||
| 2 | domestic arts, and physical
culture, vocation and | ||||||
| 3 | extension schools and lecture courses, and all
other | ||||||
| 4 | educational courses and facilities, including | ||||||
| 5 | establishing,
equipping, maintaining and operating | ||||||
| 6 | playgrounds and recreational
programs, when such programs | ||||||
| 7 | are conducted in, adjacent to, or connected
with any public | ||||||
| 8 | school under the general supervision and jurisdiction
of | ||||||
| 9 | the board; provided that the calendar for the school term | ||||||
| 10 | and any changes must be submitted to and approved by the | ||||||
| 11 | State Board of Education before the calendar or changes may | ||||||
| 12 | take effect, and provided that in allocating funds
from | ||||||
| 13 | year to year for the operation of all attendance centers | ||||||
| 14 | within the
district, the board shall ensure that | ||||||
| 15 | supplemental general State aid or supplemental grant funds
| ||||||
| 16 | are allocated and applied in accordance with Section 18-8, | ||||||
| 17 | 18-8.05, or 18-8.15. To
admit to such
schools without | ||||||
| 18 | charge foreign exchange students who are participants in
an | ||||||
| 19 | organized exchange student program which is authorized by | ||||||
| 20 | the board.
The board shall permit all students to enroll in | ||||||
| 21 | apprenticeship programs
in trade schools operated by the | ||||||
| 22 | board, whether those programs are
union-sponsored or not. | ||||||
| 23 | No student shall be refused admission into or
be excluded | ||||||
| 24 | from any course of instruction offered in the common | ||||||
| 25 | schools
by reason of that student's sex. No student shall | ||||||
| 26 | be denied equal
access to physical education and | ||||||
| |||||||
| |||||||
| 1 | interscholastic athletic programs
supported from school | ||||||
| 2 | district funds or denied participation in
comparable | ||||||
| 3 | physical education and athletic programs solely by reason | ||||||
| 4 | of
the student's sex. Equal access to programs supported | ||||||
| 5 | from school
district funds and comparable programs will be | ||||||
| 6 | defined in rules
promulgated by the State Board of | ||||||
| 7 | Education in
consultation with the Illinois High School | ||||||
| 8 | Association.
Notwithstanding any other provision of this | ||||||
| 9 | Article, neither the board
of education nor any local | ||||||
| 10 | school council or other school official shall
recommend | ||||||
| 11 | that children with disabilities be placed into regular | ||||||
| 12 | education
classrooms unless those children with | ||||||
| 13 | disabilities are provided with
supplementary services to | ||||||
| 14 | assist them so that they benefit from the regular
classroom | ||||||
| 15 | instruction and are included on the teacher's regular | ||||||
| 16 | education
class register;
| ||||||
| 17 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
| 18 | charge
therefor, and to use school funds for the payment of | ||||||
| 19 | such expenses as
the board may determine are necessary in | ||||||
| 20 | conducting the school lunch
program;
| ||||||
| 21 | 3. To co-operate with the circuit court;
| ||||||
| 22 | 4. To make arrangements with the public or quasi-public | ||||||
| 23 | libraries
and museums for the use of their facilities by | ||||||
| 24 | teachers and pupils of
the public schools;
| ||||||
| 25 | 5. To employ dentists and prescribe their duties for | ||||||
| 26 | the purpose of
treating the pupils in the schools, but | ||||||
| |||||||
| |||||||
| 1 | accepting such treatment shall
be optional with parents or | ||||||
| 2 | guardians;
| ||||||
| 3 | 6. To grant the use of assembly halls and classrooms | ||||||
| 4 | when not
otherwise needed, including light, heat, and | ||||||
| 5 | attendants, for free public
lectures, concerts, and other | ||||||
| 6 | educational and social interests, free of
charge, under | ||||||
| 7 | such provisions and control as the principal of the
| ||||||
| 8 | affected attendance center may prescribe;
| ||||||
| 9 | 7. To apportion the pupils to the several schools; | ||||||
| 10 | provided that no pupil
shall be excluded from or segregated | ||||||
| 11 | in any such school on account of his
color, race, sex, or | ||||||
| 12 | nationality. The board shall take into consideration
the | ||||||
| 13 | prevention of segregation and the elimination of | ||||||
| 14 | separation of children
in public schools because of color, | ||||||
| 15 | race, sex, or nationality. Except that
children may be | ||||||
| 16 | committed to or attend parental and social adjustment | ||||||
| 17 | schools
established and maintained either for boys or girls | ||||||
| 18 | only. All records
pertaining to the creation, alteration or | ||||||
| 19 | revision of attendance areas shall
be open to the public. | ||||||
| 20 | Nothing herein shall limit the board's authority to
| ||||||
| 21 | establish multi-area attendance centers or other student | ||||||
| 22 | assignment systems
for desegregation purposes or | ||||||
| 23 | otherwise, and to apportion the pupils to the
several | ||||||
| 24 | schools. Furthermore, beginning in school year 1994-95, | ||||||
| 25 | pursuant
to a board plan adopted by October 1, 1993, the | ||||||
| 26 | board shall offer, commencing
on a phased-in basis, the | ||||||
| |||||||
| |||||||
| 1 | opportunity for families within the school
district to | ||||||
| 2 | apply for enrollment of their children in any attendance | ||||||
| 3 | center
within the school district which does not have | ||||||
| 4 | selective admission
requirements approved by the board. | ||||||
| 5 | The appropriate geographical area in
which such open | ||||||
| 6 | enrollment may be exercised shall be determined by the
| ||||||
| 7 | board of education. Such children may be admitted to any | ||||||
| 8 | such attendance
center on a space available basis after all | ||||||
| 9 | children residing within such
attendance center's area | ||||||
| 10 | have been accommodated. If the number of
applicants from | ||||||
| 11 | outside the attendance area exceed the space available,
| ||||||
| 12 | then successful applicants shall be selected by lottery. | ||||||
| 13 | The board of
education's open enrollment plan must include | ||||||
| 14 | provisions that allow low-income low
income students to | ||||||
| 15 | have access to transportation needed to exercise school
| ||||||
| 16 | choice. Open enrollment shall be in compliance with the | ||||||
| 17 | provisions of the
Consent Decree and Desegregation Plan | ||||||
| 18 | cited in Section 34-1.01;
| ||||||
| 19 | 8. To approve programs and policies for providing | ||||||
| 20 | transportation
services to students. Nothing herein shall | ||||||
| 21 | be construed to permit or empower
the State Board of | ||||||
| 22 | Education to order, mandate, or require busing or other
| ||||||
| 23 | transportation of pupils for the purpose of achieving | ||||||
| 24 | racial balance in any
school;
| ||||||
| 25 | 9. Subject to the limitations in this Article, to | ||||||
| 26 | establish and
approve system-wide curriculum objectives | ||||||
| |||||||
| |||||||
| 1 | and standards, including graduation
standards, which | ||||||
| 2 | reflect the
multi-cultural diversity in the city and are | ||||||
| 3 | consistent with State law,
provided that for all purposes | ||||||
| 4 | of this Article courses or
proficiency in American Sign | ||||||
| 5 | Language shall be deemed to constitute courses
or | ||||||
| 6 | proficiency in a foreign language; and to employ principals | ||||||
| 7 | and teachers,
appointed as provided in this
Article, and | ||||||
| 8 | fix their compensation. The board shall prepare such | ||||||
| 9 | reports
related to minimal competency testing as may be | ||||||
| 10 | requested by the State
Board of Education, and, in | ||||||
| 11 | addition, shall monitor and approve special
education and | ||||||
| 12 | bilingual education programs and policies within the | ||||||
| 13 | district to ensure
assure that appropriate services are | ||||||
| 14 | provided in accordance with applicable
State and federal | ||||||
| 15 | laws to children requiring services and education in those
| ||||||
| 16 | areas;
| ||||||
| 17 | 10. To employ non-teaching personnel or utilize | ||||||
| 18 | volunteer personnel
for: (i) non-teaching duties not | ||||||
| 19 | requiring instructional judgment or
evaluation of pupils, | ||||||
| 20 | including library duties; and (ii) supervising study
| ||||||
| 21 | halls, long distance teaching reception areas used | ||||||
| 22 | incident to instructional
programs transmitted by | ||||||
| 23 | electronic media such as computers, video, and audio,
| ||||||
| 24 | detention and discipline areas, and school-sponsored | ||||||
| 25 | extracurricular
activities. The board may further utilize | ||||||
| 26 | volunteer non-certificated
personnel or employ | ||||||
| |||||||
| |||||||
| 1 | non-certificated personnel to
assist in the instruction of | ||||||
| 2 | pupils under the immediate supervision of a
teacher holding | ||||||
| 3 | a valid certificate, directly engaged in teaching
subject | ||||||
| 4 | matter or conducting activities; provided that the teacher
| ||||||
| 5 | shall be continuously aware of the non-certificated | ||||||
| 6 | persons' activities and
shall be able to control or modify | ||||||
| 7 | them. The general superintendent shall
determine | ||||||
| 8 | qualifications of such personnel and shall prescribe rules | ||||||
| 9 | for
determining the duties and activities to be assigned to | ||||||
| 10 | such personnel;
| ||||||
| 11 | 10.5. To utilize volunteer personnel from a regional | ||||||
| 12 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
| 13 | of the Safe to Learn Program
established pursuant to | ||||||
| 14 | Section 25 of the Illinois Violence Prevention Act
of 1995, | ||||||
| 15 | to provide assistance to schools in times of violence or | ||||||
| 16 | other
traumatic incidents within a school community by | ||||||
| 17 | providing crisis
intervention services to lessen the | ||||||
| 18 | effects of emotional trauma on
individuals and the | ||||||
| 19 | community; the School Crisis Assistance Team
Steering | ||||||
| 20 | Committee shall determine the qualifications for | ||||||
| 21 | volunteers;
| ||||||
| 22 | 11. To provide television studio facilities in not to | ||||||
| 23 | exceed one
school building and to provide programs for | ||||||
| 24 | educational purposes,
provided, however, that the board | ||||||
| 25 | shall not construct, acquire, operate,
or maintain a | ||||||
| 26 | television transmitter; to grant the use of its studio
| ||||||
| |||||||
| |||||||
| 1 | facilities to a licensed television station located in the | ||||||
| 2 | school
district; and to maintain and operate not to exceed | ||||||
| 3 | one school radio
transmitting station and provide programs | ||||||
| 4 | for educational purposes;
| ||||||
| 5 | 12. To offer, if deemed appropriate, outdoor education | ||||||
| 6 | courses,
including field trips within the State of | ||||||
| 7 | Illinois, or adjacent states,
and to use school educational | ||||||
| 8 | funds for the expense of the said outdoor
educational | ||||||
| 9 | programs, whether within the school district or not;
| ||||||
| 10 | 13. During that period of the calendar year not | ||||||
| 11 | embraced within the
regular school term, to provide and | ||||||
| 12 | conduct courses in subject matters
normally embraced in the | ||||||
| 13 | program of the schools during the regular
school term and | ||||||
| 14 | to give regular school credit for satisfactory
completion | ||||||
| 15 | by the student of such courses as may be approved for | ||||||
| 16 | credit
by the State Board of Education;
| ||||||
| 17 | 14. To insure against any loss or liability of the | ||||||
| 18 | board,
the former School Board Nominating Commission, | ||||||
| 19 | Local School Councils, the
Chicago Schools Academic | ||||||
| 20 | Accountability Council, or the former Subdistrict
Councils | ||||||
| 21 | or of any member, officer, agent, or employee thereof, | ||||||
| 22 | resulting
from alleged violations of civil rights arising | ||||||
| 23 | from incidents occurring on
or after September 5, 1967 or | ||||||
| 24 | from the wrongful or negligent act or
omission of any such | ||||||
| 25 | person whether occurring within or without the school
| ||||||
| 26 | premises, provided the officer, agent, or employee was, at | ||||||
| |||||||
| |||||||
| 1 | the time of the
alleged violation of civil rights or | ||||||
| 2 | wrongful act or omission, acting
within the scope of his or | ||||||
| 3 | her employment or under direction of the board, the
former | ||||||
| 4 | School
Board Nominating Commission, the Chicago Schools | ||||||
| 5 | Academic Accountability
Council, Local School Councils, or | ||||||
| 6 | the former Subdistrict Councils;
and to provide for or | ||||||
| 7 | participate in insurance plans for its officers and
| ||||||
| 8 | employees, including, but not limited to, retirement | ||||||
| 9 | annuities, medical,
surgical and hospitalization benefits | ||||||
| 10 | in such types and amounts as may be
determined by the | ||||||
| 11 | board; provided, however, that the board shall contract
for | ||||||
| 12 | such insurance only with an insurance company authorized to | ||||||
| 13 | do business
in this State. Such insurance may include | ||||||
| 14 | provision for employees who rely
on treatment by prayer or | ||||||
| 15 | spiritual means alone for healing, in accordance
with the | ||||||
| 16 | tenets and practice of a recognized religious | ||||||
| 17 | denomination;
| ||||||
| 18 | 15. To contract with the corporate authorities of any | ||||||
| 19 | municipality
or the county board of any county, as the case | ||||||
| 20 | may be, to provide for
the regulation of traffic in parking | ||||||
| 21 | areas of property used for school
purposes, in such manner | ||||||
| 22 | as is provided by Section 11-209 of the The
Illinois | ||||||
| 23 | Vehicle Code, approved September 29, 1969, as amended;
| ||||||
| 24 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
| 25 | school campus and student directory information to the
| ||||||
| 26 | official recruiting representatives of the armed forces of | ||||||
| |||||||
| |||||||
| 1 | Illinois and
the United States for the purposes of | ||||||
| 2 | informing students of the educational
and career | ||||||
| 3 | opportunities available in the military if the board has | ||||||
| 4 | provided
such access to persons or groups whose purpose is | ||||||
| 5 | to acquaint students with
educational or occupational | ||||||
| 6 | opportunities available to them. The board
is not required | ||||||
| 7 | to give greater notice regarding the right of access to
| ||||||
| 8 | recruiting representatives than is given to other persons | ||||||
| 9 | and groups. In
this paragraph 16, "directory information" | ||||||
| 10 | means a high school
student's name, address, and telephone | ||||||
| 11 | number.
| ||||||
| 12 | (b) If a student or his or her parent or guardian | ||||||
| 13 | submits a signed,
written request to the high school before | ||||||
| 14 | the end of the student's sophomore
year (or if the student | ||||||
| 15 | is a transfer student, by another time set by
the high | ||||||
| 16 | school) that indicates that the student or his or her | ||||||
| 17 | parent or
guardian does
not want the student's directory | ||||||
| 18 | information to be provided to official
recruiting | ||||||
| 19 | representatives under subsection (a) of this Section, the | ||||||
| 20 | high
school may not provide access to the student's | ||||||
| 21 | directory information to
these recruiting representatives. | ||||||
| 22 | The high school shall notify its
students and their parents | ||||||
| 23 | or guardians of the provisions of this
subsection (b).
| ||||||
| 24 | (c) A high school may require official recruiting | ||||||
| 25 | representatives of
the armed forces of Illinois and the | ||||||
| 26 | United States to pay a fee for copying
and mailing a | ||||||
| |||||||
| |||||||
| 1 | student's directory information in an amount that is not
| ||||||
| 2 | more than the actual costs incurred by the high school.
| ||||||
| 3 | (d) Information received by an official recruiting | ||||||
| 4 | representative
under this Section may be used only to | ||||||
| 5 | provide information to students
concerning educational and | ||||||
| 6 | career opportunities available in the military
and may not | ||||||
| 7 | be released to a person who is not involved in recruiting
| ||||||
| 8 | students for the armed forces of Illinois or the United | ||||||
| 9 | States;
| ||||||
| 10 | 17. (a) To sell or market any computer program | ||||||
| 11 | developed by an employee
of the school district, provided | ||||||
| 12 | that such employee developed the computer
program as a | ||||||
| 13 | direct result of his or her duties with the school district
| ||||||
| 14 | or through the utilization of the school district resources | ||||||
| 15 | or facilities.
The employee who developed the computer | ||||||
| 16 | program shall be entitled to share
in the proceeds of such | ||||||
| 17 | sale or marketing of the computer program. The
distribution | ||||||
| 18 | of such proceeds between the employee and the school | ||||||
| 19 | district
shall be as agreed upon by the employee and the | ||||||
| 20 | school district, except
that neither the employee nor the | ||||||
| 21 | school district may receive more than 90%
of such proceeds. | ||||||
| 22 | The negotiation for an employee who is represented by an
| ||||||
| 23 | exclusive bargaining representative may be conducted by | ||||||
| 24 | such bargaining
representative at the employee's request.
| ||||||
| 25 | (b) For the purpose of this paragraph 17:
| ||||||
| 26 | (1) "Computer" means an internally programmed, | ||||||
| |||||||
| |||||||
| 1 | general purpose digital
device capable of | ||||||
| 2 | automatically accepting data, processing data and | ||||||
| 3 | supplying
the results of the operation.
| ||||||
| 4 | (2) "Computer program" means a series of coded | ||||||
| 5 | instructions or
statements in a form acceptable to a | ||||||
| 6 | computer, which causes the computer to
process data in | ||||||
| 7 | order to achieve a certain result.
| ||||||
| 8 | (3) "Proceeds" means profits derived from the | ||||||
| 9 | marketing or sale of a product
after deducting the | ||||||
| 10 | expenses of developing and marketing such product;
| ||||||
| 11 | 18. To delegate to the general superintendent of
| ||||||
| 12 | schools, by resolution, the authority to approve contracts | ||||||
| 13 | and expenditures
in amounts of $10,000 or less;
| ||||||
| 14 | 19. Upon the written request of an employee, to | ||||||
| 15 | withhold from
the compensation of that employee any dues, | ||||||
| 16 | payments, or contributions
payable by such employee to any | ||||||
| 17 | labor organization as defined in the
Illinois Educational | ||||||
| 18 | Labor Relations Act. Under such arrangement, an
amount | ||||||
| 19 | shall be withheld from each regular payroll period which is | ||||||
| 20 | equal to
the pro rata share of the annual dues plus any | ||||||
| 21 | payments or contributions,
and the board shall transmit | ||||||
| 22 | such withholdings to the specified labor
organization | ||||||
| 23 | within 10 working days from the time of the withholding;
| ||||||
| 24 | 19a. Upon receipt of notice from the comptroller of a | ||||||
| 25 | municipality with
a population of 500,000 or more, a county | ||||||
| 26 | with a population of 3,000,000 or
more, the Cook County | ||||||
| |||||||
| |||||||
| 1 | Forest Preserve District, the Chicago Park District, the
| ||||||
| 2 | Metropolitan Water Reclamation District, the Chicago | ||||||
| 3 | Transit Authority, or
a housing authority of a municipality | ||||||
| 4 | with a population of 500,000 or more
that a debt is due and | ||||||
| 5 | owing the municipality, the county, the Cook County
Forest | ||||||
| 6 | Preserve District, the Chicago Park District, the | ||||||
| 7 | Metropolitan Water
Reclamation District, the Chicago | ||||||
| 8 | Transit Authority, or the housing authority
by an employee | ||||||
| 9 | of the Chicago Board of Education, to withhold, from the
| ||||||
| 10 | compensation of that employee, the amount of the debt that | ||||||
| 11 | is due and owing
and pay the amount withheld to the | ||||||
| 12 | municipality, the county, the Cook County
Forest Preserve | ||||||
| 13 | District, the Chicago Park District, the Metropolitan | ||||||
| 14 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
| 15 | or the housing authority;
provided, however, that the | ||||||
| 16 | amount
deducted from any one salary or wage payment shall | ||||||
| 17 | not exceed 25% of the net
amount of the payment. Before the | ||||||
| 18 | Board deducts any amount from any salary or
wage of an | ||||||
| 19 | employee under this paragraph, the municipality, the | ||||||
| 20 | county, the
Cook County Forest Preserve District, the | ||||||
| 21 | Chicago Park District, the
Metropolitan Water Reclamation | ||||||
| 22 | District, the Chicago Transit Authority, or the
housing | ||||||
| 23 | authority shall certify that (i) the employee has been | ||||||
| 24 | afforded an
opportunity for a hearing to dispute the debt | ||||||
| 25 | that is due and owing the
municipality, the county, the | ||||||
| 26 | Cook County Forest Preserve District, the Chicago
Park | ||||||
| |||||||
| |||||||
| 1 | District, the Metropolitan Water Reclamation District, the | ||||||
| 2 | Chicago Transit
Authority, or the housing authority and | ||||||
| 3 | (ii) the employee has received notice
of a wage deduction | ||||||
| 4 | order and has been afforded an opportunity for a hearing to
| ||||||
| 5 | object to the order. For purposes of this paragraph, "net | ||||||
| 6 | amount" means that
part of the salary or wage payment | ||||||
| 7 | remaining after the deduction of any amounts
required by | ||||||
| 8 | law to be deducted and "debt due and owing" means (i) a | ||||||
| 9 | specified
sum of money owed to the municipality, the | ||||||
| 10 | county, the Cook County Forest
Preserve District, the | ||||||
| 11 | Chicago Park District, the Metropolitan Water
Reclamation | ||||||
| 12 | District, the Chicago Transit Authority, or the housing | ||||||
| 13 | authority
for services, work, or goods, after the period | ||||||
| 14 | granted for payment has expired,
or (ii) a specified sum of | ||||||
| 15 | money owed to the municipality, the county, the Cook
County | ||||||
| 16 | Forest Preserve District, the Chicago Park District, the | ||||||
| 17 | Metropolitan
Water Reclamation District, the Chicago | ||||||
| 18 | Transit Authority, or the housing
authority pursuant to a | ||||||
| 19 | court order or order of an administrative hearing
officer | ||||||
| 20 | after the exhaustion of, or the failure to exhaust, | ||||||
| 21 | judicial review;
| ||||||
| 22 | 20. The board is encouraged to employ a sufficient | ||||||
| 23 | number of
certified school counselors to maintain a | ||||||
| 24 | student/counselor ratio of 250 to
1 by July 1, 1990. Each | ||||||
| 25 | counselor shall spend at least 75% of his work
time in | ||||||
| 26 | direct contact with students and shall maintain a record of | ||||||
| |||||||
| |||||||
| 1 | such time;
| ||||||
| 2 | 21. To make available to students vocational and career
| ||||||
| 3 | counseling and to establish 5 special career counseling | ||||||
| 4 | days for students
and parents. On these days | ||||||
| 5 | representatives of local businesses and
industries shall | ||||||
| 6 | be invited to the school campus and shall inform students
| ||||||
| 7 | of career opportunities available to them in the various | ||||||
| 8 | businesses and
industries. Special consideration shall be | ||||||
| 9 | given to counseling minority
students as to career | ||||||
| 10 | opportunities available to them in various fields.
For the | ||||||
| 11 | purposes of this paragraph, minority student means a person | ||||||
| 12 | who is any of the following:
| ||||||
| 13 | (a) American Indian or Alaska Native (a person having | ||||||
| 14 | origins in any of the original peoples of North and South | ||||||
| 15 | America, including Central America, and who maintains | ||||||
| 16 | tribal affiliation or community attachment). | ||||||
| 17 | (b) Asian (a person having origins in any of the | ||||||
| 18 | original peoples of the Far East, Southeast Asia, or the | ||||||
| 19 | Indian subcontinent, including, but not limited to, | ||||||
| 20 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
| 21 | the Philippine Islands, Thailand, and Vietnam). | ||||||
| 22 | (c) Black or African American (a person having origins | ||||||
| 23 | in any of the black racial groups of Africa). Terms such as | ||||||
| 24 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
| 25 | African American". | ||||||
| 26 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| |||||||
| |||||||
| 1 | Puerto Rican, South or Central American, or other Spanish | ||||||
| 2 | culture or origin, regardless of race). | ||||||
| 3 | (e) Native Hawaiian or Other Pacific Islander (a person | ||||||
| 4 | having origins in any of the original peoples of Hawaii, | ||||||
| 5 | Guam, Samoa, or other Pacific Islands).
| ||||||
| 6 | Counseling days shall not be in lieu of regular school | ||||||
| 7 | days;
| ||||||
| 8 | 22. To report to the State Board of Education the | ||||||
| 9 | annual
student dropout rate and number of students who | ||||||
| 10 | graduate from, transfer
from, or otherwise leave bilingual | ||||||
| 11 | programs;
| ||||||
| 12 | 23. Except as otherwise provided in the Abused and | ||||||
| 13 | Neglected Child
Reporting Act or other applicable State or | ||||||
| 14 | federal law, to permit school
officials to withhold, from | ||||||
| 15 | any person, information on the whereabouts of
any child | ||||||
| 16 | removed from school premises when the child has been taken | ||||||
| 17 | into
protective custody as a victim of suspected child | ||||||
| 18 | abuse. School officials
shall direct such person to the | ||||||
| 19 | Department of Children and Family Services,
or to the local | ||||||
| 20 | law enforcement agency, if appropriate;
| ||||||
| 21 | 24. To develop a policy, based on the current state of | ||||||
| 22 | existing school
facilities, projected enrollment, and | ||||||
| 23 | efficient utilization of available
resources, for capital | ||||||
| 24 | improvement of schools and school buildings within
the | ||||||
| 25 | district, addressing in that policy both the relative | ||||||
| 26 | priority for
major repairs, renovations, and additions to | ||||||
| |||||||
| |||||||
| 1 | school facilities, and the
advisability or necessity of | ||||||
| 2 | building new school facilities or closing
existing schools | ||||||
| 3 | to meet current or projected demographic patterns within
| ||||||
| 4 | the district;
| ||||||
| 5 | 25. To make available to the students in every high | ||||||
| 6 | school attendance
center the ability to take all courses | ||||||
| 7 | necessary to comply with the Board
of Higher Education's | ||||||
| 8 | college entrance criteria effective in 1993;
| ||||||
| 9 | 26. To encourage mid-career changes into the teaching | ||||||
| 10 | profession,
whereby qualified professionals become | ||||||
| 11 | certified teachers, by allowing
credit for professional | ||||||
| 12 | employment in related fields when determining point
of | ||||||
| 13 | entry on the teacher pay scale;
| ||||||
| 14 | 27. To provide or contract out training programs for | ||||||
| 15 | administrative
personnel and principals with revised or | ||||||
| 16 | expanded duties pursuant to this Code
Act in order to | ||||||
| 17 | ensure assure they have the knowledge and skills to perform
| ||||||
| 18 | their duties;
| ||||||
| 19 | 28. To establish a fund for the prioritized special | ||||||
| 20 | needs programs, and
to allocate such funds and other lump | ||||||
| 21 | sum amounts to each attendance center
in a manner | ||||||
| 22 | consistent with the provisions of part 4 of Section 34-2.3.
| ||||||
| 23 | Nothing in this paragraph shall be construed to require any | ||||||
| 24 | additional
appropriations of State funds for this purpose;
| ||||||
| 25 | 29. (Blank);
| ||||||
| 26 | 30. Notwithstanding any other provision of this Act or | ||||||
| |||||||
| |||||||
| 1 | any other law to
the contrary, to contract with third | ||||||
| 2 | parties for services otherwise performed
by employees, | ||||||
| 3 | including those in a bargaining unit, and to layoff those
| ||||||
| 4 | employees upon 14 days written notice to the affected | ||||||
| 5 | employees. Those
contracts may be for a period not to | ||||||
| 6 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
| 7 | The board may not operate more than 30 contract schools, | ||||||
| 8 | provided that the board may operate an additional 5 | ||||||
| 9 | contract turnaround schools pursuant to item (5.5) of | ||||||
| 10 | subsection (d) of Section 34-8.3 of this Code, and the | ||||||
| 11 | governing bodies of contract schools are subject to the | ||||||
| 12 | Freedom of Information Act and Open Meetings Act;
| ||||||
| 13 | 31. To promulgate rules establishing procedures | ||||||
| 14 | governing the layoff or
reduction in force of employees and | ||||||
| 15 | the recall of such employees, including,
but not limited | ||||||
| 16 | to, criteria for such layoffs, reductions in force or | ||||||
| 17 | recall
rights of such employees and the weight to be given | ||||||
| 18 | to any particular
criterion. Such criteria shall take into | ||||||
| 19 | account factors, including, but not be
limited to, | ||||||
| 20 | qualifications, certifications, experience, performance | ||||||
| 21 | ratings or
evaluations, and any other factors relating to | ||||||
| 22 | an employee's job performance;
| ||||||
| 23 | 32. To develop a policy to prevent nepotism in the | ||||||
| 24 | hiring of personnel
or the selection of contractors;
| ||||||
| 25 | 33. (Blank); and
| ||||||
| 26 | 34. To establish a Labor Management Council to the | ||||||
| |||||||
| |||||||
| 1 | board
comprised of representatives of the board, the chief | ||||||
| 2 | executive
officer, and those labor organizations that are | ||||||
| 3 | the exclusive
representatives of employees of the board and | ||||||
| 4 | to promulgate
policies and procedures for the operation of | ||||||
| 5 | the Council.
| ||||||
| 6 | The specifications of the powers herein granted are not to | ||||||
| 7 | be
construed as exclusive, but the board shall also exercise | ||||||
| 8 | all other
powers that they may be requisite or proper for the | ||||||
| 9 | maintenance and the
development of a public school system, not | ||||||
| 10 | inconsistent with the other
provisions of this Article or | ||||||
| 11 | provisions of this Code which apply to all
school districts.
| ||||||
| 12 | In addition to the powers herein granted and authorized to | ||||||
| 13 | be exercised
by the board, it shall be the duty of the board to | ||||||
| 14 | review or to direct
independent reviews of special education | ||||||
| 15 | expenditures and services.
The board shall file a report of | ||||||
| 16 | such review with the General Assembly on
or before May 1, 1990.
| ||||||
| 17 | (Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18; | ||||||
| 18 | 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
| ||||||
| 19 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||||||
| 20 | Sec. 34-18.5. Criminal history records checks and checks of | ||||||
| 21 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
| 22 | Violent Offender Against Youth Database. | ||||||
| 23 | (a) Licensed and nonlicensed applicants for
employment | ||||||
| 24 | with the school district are required as a condition of
| ||||||
| 25 | employment to authorize a fingerprint-based criminal history | ||||||
| |||||||
| |||||||
| 1 | records check to determine if such applicants
have been | ||||||
| 2 | convicted of any disqualifying, enumerated criminal or drug | ||||||
| 3 | offense offenses in
subsection (c) of this Section or have been
| ||||||
| 4 | convicted, within 7 years of the application for employment | ||||||
| 5 | with the
school district, of any other felony under the laws of | ||||||
| 6 | this State or of any
offense committed or attempted in any | ||||||
| 7 | other state or against the laws of
the United States that, if | ||||||
| 8 | committed or attempted in this State, would
have been | ||||||
| 9 | punishable as a felony under the laws of this State. | ||||||
| 10 | Authorization
for
the
check shall
be furnished by the applicant | ||||||
| 11 | to the school district, except that if the
applicant is a | ||||||
| 12 | substitute teacher seeking employment in more than one
school | ||||||
| 13 | district, or a teacher seeking concurrent part-time employment
| ||||||
| 14 | positions with more than one school district (as a reading | ||||||
| 15 | specialist,
special education teacher or otherwise), or an | ||||||
| 16 | educational support
personnel employee seeking employment | ||||||
| 17 | positions with more than one
district, any such district may | ||||||
| 18 | require the applicant to furnish
authorization for
the check to | ||||||
| 19 | the regional superintendent of the
educational service region | ||||||
| 20 | in which are located the school districts in
which the | ||||||
| 21 | applicant is seeking employment as a substitute or concurrent
| ||||||
| 22 | part-time teacher or concurrent educational support personnel | ||||||
| 23 | employee.
Upon receipt of this authorization, the school | ||||||
| 24 | district or the appropriate
regional superintendent, as the | ||||||
| 25 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
| 26 | of birth, social security number, fingerprint images, and other | ||||||
| |||||||
| |||||||
| 1 | identifiers, as prescribed by the Department
of State Police, | ||||||
| 2 | to the Department. The regional
superintendent submitting the | ||||||
| 3 | requisite information to the Department of
State Police shall | ||||||
| 4 | promptly notify the school districts in which the
applicant is | ||||||
| 5 | seeking employment as a substitute or concurrent part-time
| ||||||
| 6 | teacher or concurrent educational support personnel employee | ||||||
| 7 | that
the
check of the applicant has been requested. The | ||||||
| 8 | Department of State
Police and the Federal Bureau of | ||||||
| 9 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
| 10 | criminal history records check, records of convictions, | ||||||
| 11 | forever and hereinafter, until expunged, to the president of | ||||||
| 12 | the school board for the school district that requested the | ||||||
| 13 | check, or to the regional superintendent who requested the | ||||||
| 14 | check. The
Department shall charge
the school district
or the | ||||||
| 15 | appropriate regional superintendent a fee for
conducting
such | ||||||
| 16 | check, which fee shall be deposited in the State
Police | ||||||
| 17 | Services Fund and shall not exceed the cost of the inquiry; and | ||||||
| 18 | the
applicant shall not be charged a fee for
such check by the | ||||||
| 19 | school
district or by the regional superintendent. Subject to | ||||||
| 20 | appropriations for these purposes, the State Superintendent of | ||||||
| 21 | Education shall reimburse the school district and regional | ||||||
| 22 | superintendent for fees paid to obtain criminal history records | ||||||
| 23 | checks under this Section. | ||||||
| 24 | (a-5) The school district or regional superintendent shall | ||||||
| 25 | further perform a check of the Statewide Sex Offender Database, | ||||||
| 26 | as authorized by the Sex Offender Community Notification Law, | ||||||
| |||||||
| |||||||
| 1 | for each applicant. The check of the Statewide Sex Offender | ||||||
| 2 | Database must be conducted by the school district or regional | ||||||
| 3 | superintendent once for every 5 years that an applicant remains | ||||||
| 4 | employed by the school district. | ||||||
| 5 | (a-6) The school district or regional superintendent shall | ||||||
| 6 | further perform a check of the Statewide Murderer and Violent | ||||||
| 7 | Offender Against Youth Database, as authorized by the Murderer | ||||||
| 8 | and Violent Offender Against Youth Community Notification Law, | ||||||
| 9 | for each applicant. The check of the Murderer and Violent | ||||||
| 10 | Offender Against Youth Database must be conducted by the school | ||||||
| 11 | district or regional superintendent once for every 5 years that | ||||||
| 12 | an applicant remains employed by the school district. | ||||||
| 13 | (b) Any
information concerning the record of convictions | ||||||
| 14 | obtained by the president
of the board of education or the | ||||||
| 15 | regional superintendent shall be
confidential and may only be | ||||||
| 16 | transmitted to the general superintendent of
the school | ||||||
| 17 | district or his designee, the appropriate regional
| ||||||
| 18 | superintendent if
the check was requested by the board of | ||||||
| 19 | education
for the school district, the presidents of the | ||||||
| 20 | appropriate board of
education or school boards if
the check | ||||||
| 21 | was requested from the
Department of State Police by the | ||||||
| 22 | regional superintendent, the State Board of Education and the | ||||||
| 23 | school district as authorized under subsection (b-5), the State
| ||||||
| 24 | Superintendent of Education, the State Educator Preparation | ||||||
| 25 | and Licensure Board or any
other person necessary to the | ||||||
| 26 | decision of hiring the applicant for
employment. A copy of the | ||||||
| |||||||
| |||||||
| 1 | record of convictions obtained from the
Department of State | ||||||
| 2 | Police shall be provided to the applicant for
employment. Upon | ||||||
| 3 | the check of the Statewide Sex Offender Database or Statewide | ||||||
| 4 | Murderer and Violent Offender Against Youth Database, the | ||||||
| 5 | school district or regional superintendent shall notify an | ||||||
| 6 | applicant as to whether or not the applicant has been | ||||||
| 7 | identified in the Database. If a check of an applicant for | ||||||
| 8 | employment as a
substitute or concurrent part-time teacher or | ||||||
| 9 | concurrent educational
support personnel employee in more than | ||||||
| 10 | one school district was requested
by the regional | ||||||
| 11 | superintendent, and the Department of State Police upon
a check | ||||||
| 12 | ascertains that the applicant has not been convicted of any
of | ||||||
| 13 | the enumerated criminal or drug offenses in subsection (c) of | ||||||
| 14 | this Section
or has not been
convicted,
within 7 years of the | ||||||
| 15 | application for employment with the
school district, of any | ||||||
| 16 | other felony under the laws of this State or of any
offense | ||||||
| 17 | committed or attempted in any other state or against the laws | ||||||
| 18 | of
the United States that, if committed or attempted in this | ||||||
| 19 | State, would
have been punishable as a felony under the laws of | ||||||
| 20 | this State and so
notifies the regional superintendent and if | ||||||
| 21 | the regional superintendent upon a check ascertains that the | ||||||
| 22 | applicant has not been identified in the Sex Offender Database | ||||||
| 23 | or Statewide Murderer and Violent Offender Against Youth | ||||||
| 24 | Database, then the regional superintendent
shall issue to the | ||||||
| 25 | applicant a certificate evidencing that as of the date
| ||||||
| 26 | specified by the Department of State Police the applicant has | ||||||
| |||||||
| |||||||
| 1 | not been
convicted of any of the enumerated criminal or drug | ||||||
| 2 | offenses in subsection
(c) of this Section
or has not been
| ||||||
| 3 | convicted, within 7 years of the application for employment | ||||||
| 4 | with the
school district, of any other felony under the laws of | ||||||
| 5 | this State or of any
offense committed or attempted in any | ||||||
| 6 | other state or against the laws of
the United States that, if | ||||||
| 7 | committed or attempted in this State, would
have been | ||||||
| 8 | punishable as a felony under the laws of this State and | ||||||
| 9 | evidencing that as of the date that the regional superintendent | ||||||
| 10 | conducted a check of the Statewide Sex Offender Database or | ||||||
| 11 | Statewide Murderer and Violent Offender Against Youth | ||||||
| 12 | Database, the applicant has not been identified in the | ||||||
| 13 | Database. The school
board of any school district may rely on | ||||||
| 14 | the certificate issued by any regional
superintendent to that | ||||||
| 15 | substitute teacher, concurrent part-time teacher, or | ||||||
| 16 | concurrent educational support personnel employee
or may | ||||||
| 17 | initiate its own criminal history records check of
the | ||||||
| 18 | applicant through the Department of State Police and its own | ||||||
| 19 | check of the Statewide Sex Offender Database or Statewide | ||||||
| 20 | Murderer and Violent Offender Against Youth Database as | ||||||
| 21 | provided in
this Section. Any unauthorized release of | ||||||
| 22 | confidential information may be a violation of Section 7 of the | ||||||
| 23 | Criminal Identification Act. | ||||||
| 24 | (b-5) If a criminal history records check or check of the | ||||||
| 25 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
| 26 | Violent Offender Against Youth Database is performed by a | ||||||
| |||||||
| |||||||
| 1 | regional superintendent for an applicant seeking employment as | ||||||
| 2 | a substitute teacher with the school district, the regional | ||||||
| 3 | superintendent may disclose to the State Board of Education | ||||||
| 4 | whether the applicant has been issued a certificate under | ||||||
| 5 | subsection (b) based on those checks. If the State Board | ||||||
| 6 | receives information on an applicant under this subsection, | ||||||
| 7 | then it must indicate in the Educator Licensure Information | ||||||
| 8 | System for a 90-day period that the applicant has been issued | ||||||
| 9 | or has not been issued a certificate. | ||||||
| 10 | (c) The board of education shall not knowingly employ a | ||||||
| 11 | person who has
been convicted of any offense that would subject | ||||||
| 12 | him or her to license suspension or revocation pursuant to | ||||||
| 13 | Section 21B-80 of this Code, except as provided under | ||||||
| 14 | subsection (b) of 21B-80.
Further, the board of education shall | ||||||
| 15 | not knowingly employ a person who has
been found to be the | ||||||
| 16 | perpetrator of sexual or physical abuse of any minor under
18 | ||||||
| 17 | years of age pursuant to proceedings under Article II of the | ||||||
| 18 | Juvenile Court
Act of 1987. As a condition of employment, the | ||||||
| 19 | board of education must consider the status of a person who has | ||||||
| 20 | been issued an indicated finding of abuse or neglect of a child | ||||||
| 21 | by the Department of Children and Family Services under the | ||||||
| 22 | Abused and Neglected Child Reporting Act or by a child welfare | ||||||
| 23 | agency of another jurisdiction. | ||||||
| 24 | (d) The board of education shall not knowingly employ a | ||||||
| 25 | person for whom
a criminal history records check and a | ||||||
| 26 | Statewide Sex Offender Database check have has not been | ||||||
| |||||||
| |||||||
| 1 | initiated. | ||||||
| 2 | (e) No later than 15 business days after receipt of a | ||||||
| 3 | record of conviction or of checking the Statewide Murderer and | ||||||
| 4 | Violent Offender Against Youth Database or the Statewide Sex | ||||||
| 5 | Offender Database and finding a registration, the general | ||||||
| 6 | superintendent of schools or the applicable regional | ||||||
| 7 | superintendent shall, in writing, notify the State | ||||||
| 8 | Superintendent of Education of any license holder who has been | ||||||
| 9 | convicted of a crime set forth in Section 21B-80 of this Code. | ||||||
| 10 | Upon receipt of the record of a conviction of or a finding of | ||||||
| 11 | child
abuse by a holder of any license
issued pursuant to | ||||||
| 12 | Article 21B or Section 34-8.1 or 34-83 of this the
School Code, | ||||||
| 13 | the State Superintendent of
Education may initiate licensure | ||||||
| 14 | suspension and revocation
proceedings as authorized by law. If | ||||||
| 15 | the receipt of the record of conviction or finding of child | ||||||
| 16 | abuse is received within 6 months after the initial grant of or | ||||||
| 17 | renewal of a license, the State Superintendent of Education may | ||||||
| 18 | rescind the license holder's license. | ||||||
| 19 | (e-5) The general superintendent of schools shall, in | ||||||
| 20 | writing, notify the State Superintendent of Education of any | ||||||
| 21 | license holder whom he or she has reasonable cause to believe | ||||||
| 22 | has committed an intentional act of abuse or neglect with the | ||||||
| 23 | result of making a child an abused child or a neglected child, | ||||||
| 24 | as defined in Section 3 of the Abused and Neglected Child | ||||||
| 25 | Reporting Act, and that act resulted in the license holder's | ||||||
| 26 | dismissal or resignation from the school district. This | ||||||
| |||||||
| |||||||
| 1 | notification must be submitted within 30 days after the | ||||||
| 2 | dismissal or resignation. The license holder must also be | ||||||
| 3 | contemporaneously sent a copy of the notice by the | ||||||
| 4 | superintendent. All correspondence, documentation, and other | ||||||
| 5 | information so received by the State Superintendent of | ||||||
| 6 | Education, the State Board of Education, or the State Educator | ||||||
| 7 | Preparation and Licensure Board under this subsection (e-5) is | ||||||
| 8 | confidential and must not be disclosed to third parties, except | ||||||
| 9 | (i) as necessary for the State Superintendent of Education or | ||||||
| 10 | his or her designee to investigate and prosecute pursuant to | ||||||
| 11 | Article 21B of this Code, (ii) pursuant to a court order, (iii) | ||||||
| 12 | for disclosure to the license holder or his or her | ||||||
| 13 | representative, or (iv) as otherwise provided in this Article | ||||||
| 14 | and provided that any such information admitted into evidence | ||||||
| 15 | in a hearing is exempt from this confidentiality and | ||||||
| 16 | non-disclosure requirement. Except for an act of willful or | ||||||
| 17 | wanton misconduct, any superintendent who provides | ||||||
| 18 | notification as required in this subsection (e-5) shall have | ||||||
| 19 | immunity from any liability, whether civil or criminal or that | ||||||
| 20 | otherwise might result by reason of such action. | ||||||
| 21 | (f) After March 19, 1990, the provisions of this Section | ||||||
| 22 | shall apply to
all employees of persons or firms holding | ||||||
| 23 | contracts with any school district
including, but not limited | ||||||
| 24 | to, food service workers, school bus drivers and
other | ||||||
| 25 | transportation employees, who have direct, daily contact with | ||||||
| 26 | the
pupils of any school in such district. For purposes of | ||||||
| |||||||
| |||||||
| 1 | criminal history records checks and checks of the Statewide Sex | ||||||
| 2 | Offender Database on employees of persons or firms holding | ||||||
| 3 | contracts with more
than one school district and assigned to | ||||||
| 4 | more than one school district, the
regional superintendent of | ||||||
| 5 | the educational service region in which the
contracting school | ||||||
| 6 | districts are located may, at the request of any such
school | ||||||
| 7 | district, be responsible for receiving the authorization for
a | ||||||
| 8 | criminal history records check prepared by each such employee | ||||||
| 9 | and submitting the same to the
Department of State Police and | ||||||
| 10 | for conducting a check of the Statewide Sex Offender Database | ||||||
| 11 | for each employee. Any information concerning the record of
| ||||||
| 12 | conviction and identification as a sex offender of any such | ||||||
| 13 | employee obtained by the regional superintendent
shall be | ||||||
| 14 | promptly reported to the president of the appropriate school | ||||||
| 15 | board
or school boards. | ||||||
| 16 | (f-5) Upon request of a school or school district, any | ||||||
| 17 | information obtained by the school district pursuant to | ||||||
| 18 | subsection (f) of this Section within the last year must be | ||||||
| 19 | made available to the requesting school or school district. | ||||||
| 20 | (g) Prior to the commencement of any student teaching | ||||||
| 21 | experience or required internship (which is referred to as | ||||||
| 22 | student teaching in this Section) in the public schools, a | ||||||
| 23 | student teacher is required to authorize a fingerprint-based | ||||||
| 24 | criminal history records check. Authorization for and payment | ||||||
| 25 | of the costs of the check must be furnished by the student | ||||||
| 26 | teacher to the school district. Upon receipt of this | ||||||
| |||||||
| |||||||
| 1 | authorization and payment, the school district shall submit the | ||||||
| 2 | student teacher's name, sex, race, date of birth, social | ||||||
| 3 | security number, fingerprint images, and other identifiers, as | ||||||
| 4 | prescribed by the Department of State Police, to the Department | ||||||
| 5 | of State Police. The Department of State Police and the Federal | ||||||
| 6 | Bureau of Investigation shall furnish, pursuant to a | ||||||
| 7 | fingerprint-based criminal history records check, records of | ||||||
| 8 | convictions, forever and hereinafter, until expunged, to the | ||||||
| 9 | president of the board. The Department shall charge the school | ||||||
| 10 | district a fee for conducting the check, which fee must not | ||||||
| 11 | exceed the cost of the inquiry and must be deposited into the | ||||||
| 12 | State Police Services Fund. The school district shall further | ||||||
| 13 | perform a check of the Statewide Sex Offender Database, as | ||||||
| 14 | authorized by the Sex Offender Community Notification Law, and | ||||||
| 15 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
| 16 | Database, as authorized by the Murderer and Violent Offender | ||||||
| 17 | Against Youth Registration Act, for each student teacher. The | ||||||
| 18 | board may not knowingly allow a person to student teach for | ||||||
| 19 | whom a criminal history records check, a Statewide Sex Offender | ||||||
| 20 | Database check, and a Statewide Murderer and Violent Offender | ||||||
| 21 | Against Youth Database check have not been completed and | ||||||
| 22 | reviewed by the district. | ||||||
| 23 | A copy of the record of convictions obtained from the | ||||||
| 24 | Department of State Police must be provided to the student | ||||||
| 25 | teacher. Any information concerning the record of convictions | ||||||
| 26 | obtained by the president of the board is confidential and may | ||||||
| |||||||
| |||||||
| 1 | only be transmitted to the general superintendent of schools or | ||||||
| 2 | his or her designee, the State Superintendent of Education, the | ||||||
| 3 | State Educator Preparation and Licensure Board, or, for | ||||||
| 4 | clarification purposes, the Department of State Police or the | ||||||
| 5 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
| 6 | Violent Offender Against Youth Database. Any unauthorized | ||||||
| 7 | release of confidential information may be a violation of | ||||||
| 8 | Section 7 of the Criminal Identification Act. | ||||||
| 9 | The board may not knowingly allow a person to student teach | ||||||
| 10 | who has been convicted of any offense that would subject him or | ||||||
| 11 | her to license suspension or revocation pursuant to subsection | ||||||
| 12 | (c) of Section 21B-80 of this Code, except as provided under | ||||||
| 13 | subsection (b) of Section 21B-80. Further, the board may not | ||||||
| 14 | allow a person to student teach if he or she has been found to | ||||||
| 15 | be the perpetrator of sexual or physical abuse of a minor under | ||||||
| 16 | 18 years of age pursuant to proceedings under Article II of the | ||||||
| 17 | Juvenile Court Act of 1987. The board must consider the status | ||||||
| 18 | of a person to student teach who has been issued an indicated | ||||||
| 19 | finding of abuse or neglect of a child by the Department of | ||||||
| 20 | Children and Family Services under the Abused and Neglected | ||||||
| 21 | Child Reporting Act or by a child welfare agency of another | ||||||
| 22 | jurisdiction. | ||||||
| 23 | (h) (Blank). | ||||||
| 24 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
| 25 | revised 9-19-19.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/34-18.61) | ||||||
| 2 | Sec. 34-18.61. Self-administration of Self-administrating | ||||||
| 3 | medication. | ||||||
| 4 | (a) In this Section, "asthma action plan" has the meaning | ||||||
| 5 | given to that term under Section 22-30. | ||||||
| 6 | (b) Notwithstanding any other provision of law, the school | ||||||
| 7 | district must allow any student with an asthma action plan, an | ||||||
| 8 | Individual Health Care Action Plan, an Illinois Food Allergy | ||||||
| 9 | Emergency Action Plan and Treatment Authorization Form, a plan | ||||||
| 10 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
| 11 | 1973, or a plan pursuant to the federal Individuals with | ||||||
| 12 | Disabilities Education Act to self-administer any medication | ||||||
| 13 | required under those plans if the student's parent or guardian | ||||||
| 14 | provides the school district with (i) written permission for | ||||||
| 15 | the student's self-administration of medication and (ii) | ||||||
| 16 | written authorization from the student's physician, physician | ||||||
| 17 | assistant, or advanced practice registered nurse for the | ||||||
| 18 | student to self-administer the medication. A parent or guardian | ||||||
| 19 | must also provide to the school district the prescription label | ||||||
| 20 | for the medication, which must contain the name of the | ||||||
| 21 | medication, the prescribed dosage, and the time or times at | ||||||
| 22 | which or the circumstances under which the medication is to be | ||||||
| 23 | administered. Information received by the school district | ||||||
| 24 | under this subsection shall be kept on file in the office of | ||||||
| 25 | the school nurse or, in the absence of a school nurse, the | ||||||
| 26 | school's administrator. | ||||||
| |||||||
| |||||||
| 1 | (c) The school district must adopt an emergency action plan | ||||||
| 2 | for a student who self-administers medication under subsection | ||||||
| 3 | (b). The plan must include both of the following: | ||||||
| 4 | (1) A plan of action in the event a student is unable | ||||||
| 5 | to self-administer medication. | ||||||
| 6 | (2) The situations in which a school must call 9-1-1. | ||||||
| 7 | (d) The school district and its employees and agents shall | ||||||
| 8 | incur no liability, except for willful and wanton conduct, as a | ||||||
| 9 | result of any injury arising from the self-administration of | ||||||
| 10 | medication by a student under subsection (b). The student's | ||||||
| 11 | parent or guardian must sign a statement to this effect, which | ||||||
| 12 | must acknowledge that the parent or guardian must indemnify and | ||||||
| 13 | hold harmless the school district and its employees and agents | ||||||
| 14 | against any claims, except a claim based on willful and wanton | ||||||
| 15 | conduct, arising out of the self-administration of medication | ||||||
| 16 | by a student.
| ||||||
| 17 | (Source: P.A. 101-205, eff. 1-1-20; revised 10-21-19.)
| ||||||
| 18 | (105 ILCS 5/34-18.62)
| ||||||
| 19 | Sec. 34-18.62 34-18.61. Policy on sexual harassment. The | ||||||
| 20 | school district must create, maintain, and implement an | ||||||
| 21 | age-appropriate policy on sexual harassment that must be posted | ||||||
| 22 | on the school district's website and, if applicable, any other | ||||||
| 23 | area where policies, rules, and standards of conduct are | ||||||
| 24 | currently posted in each school and must also be included in | ||||||
| 25 | the school district's student code of conduct handbook.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-418, eff. 1-1-20; revised 10-21-19.)
| ||||||
| 2 | (105 ILCS 5/34-18.63)
| ||||||
| 3 | Sec. 34-18.63 34-18.61. Class size reporting. No later than | ||||||
| 4 | November 16, 2020, and annually thereafter, the school district | ||||||
| 5 | must report to the State Board of Education information on the | ||||||
| 6 | school district described under subsection (b) of Section | ||||||
| 7 | 2-3.136a and must make that information available on its | ||||||
| 8 | website.
| ||||||
| 9 | (Source: P.A. 101-451, eff. 1-1-20; revised 10-21-19.)
| ||||||
| 10 | (105 ILCS 5/34-18.64)
| ||||||
| 11 | Sec. 34-18.64 34-18.61. Sexual abuse investigations at | ||||||
| 12 | schools. Every 2 years, the school district must review all | ||||||
| 13 | existing policies and procedures concerning sexual abuse | ||||||
| 14 | investigations at schools to ensure consistency with Section | ||||||
| 15 | 22-85.
| ||||||
| 16 | (Source: P.A. 101-531, eff. 8-23-19; revised 10-21-19.)
| ||||||
| 17 | (105 ILCS 5/34-18.65)
| ||||||
| 18 | Sec. 34-18.65 34-18.61. Door security locking means. | ||||||
| 19 | (a) In this Section, "door security locking means" means a | ||||||
| 20 | door locking means intended for use by a trained school | ||||||
| 21 | district employee in a school building for the purpose of | ||||||
| 22 | preventing ingress through a door of the building. | ||||||
| 23 | (b) The school district may install a door security locking | ||||||
| |||||||
| |||||||
| 1 | means on a door of a school building to prevent unwanted entry | ||||||
| 2 | through the door if all of the following requirements are met: | ||||||
| 3 | (1) The door security locking means can be engaged | ||||||
| 4 | without opening the door. | ||||||
| 5 | (2) The unlocking and unlatching of the door security | ||||||
| 6 | locking means from the occupied side of the door can be | ||||||
| 7 | accomplished without the use of a key or tool. | ||||||
| 8 | (3) The door security locking means complies with all | ||||||
| 9 | applicable State and federal accessibility requirements. | ||||||
| 10 | (4) Locks, if remotely engaged, can be unlocked from | ||||||
| 11 | the occupied side. | ||||||
| 12 | (5) The door security locking means is capable of being | ||||||
| 13 | disengaged from the outside by school district employees, | ||||||
| 14 | and school district employees may use a key or other | ||||||
| 15 | credentials to unlock the door from the outside. | ||||||
| 16 | (6) The door security locking means does not modify the | ||||||
| 17 | door-closing hardware, panic hardware, or fire exit | ||||||
| 18 | hardware. | ||||||
| 19 | (7) Any bolts, stops, brackets, or pins employed by the | ||||||
| 20 | door security locking means do not affect the fire rating | ||||||
| 21 | of a fire door assembly. | ||||||
| 22 | (8) School district employees are trained in the | ||||||
| 23 | engagement and release of the door security locking means, | ||||||
| 24 | from within and outside the room, as part of the emergency | ||||||
| 25 | response plan. | ||||||
| 26 | (9) For doors installed before July 1, 2019 only, the | ||||||
| |||||||
| |||||||
| 1 | unlocking and unlatching of a door security locking means | ||||||
| 2 | requires no more than 2 releasing operations. For doors | ||||||
| 3 | installed on or after July 1, 2019, the unlocking and | ||||||
| 4 | unlatching of a door security locking means requires no | ||||||
| 5 | more than one releasing operation. If doors installed | ||||||
| 6 | before July 1, 2019 are replaced on or after July 1, 2019, | ||||||
| 7 | the unlocking and unlatching of a door security locking | ||||||
| 8 | means on the replacement door requires no more than one | ||||||
| 9 | releasing operation. | ||||||
| 10 | (10) The door security locking means is no more than 48 | ||||||
| 11 | inches above the finished floor. | ||||||
| 12 | (11) The door security locking means otherwise | ||||||
| 13 | complies with the school building code prepared by the | ||||||
| 14 | State Board of Education under Section 2-3.12. | ||||||
| 15 | The school district may install a door security locking | ||||||
| 16 | means that does not comply with paragraph (3) or (10) of this | ||||||
| 17 | subsection if (i) the school district meets all other | ||||||
| 18 | requirements under this subsection and (ii) prior to its | ||||||
| 19 | installation, local law enforcement officials, the local fire | ||||||
| 20 | department, and the board agree, in writing, to the | ||||||
| 21 | installation and use of the door security locking means. The | ||||||
| 22 | school district must keep the agreement on file and must, upon | ||||||
| 23 | request, provide the agreement to the State Board of Education. | ||||||
| 24 | The agreement must be included in the school district's filed | ||||||
| 25 | school safety plan under the School Safety Drill Act. | ||||||
| 26 | (c) The school district must include the location of any | ||||||
| |||||||
| |||||||
| 1 | door security locking means and must address the use of the | ||||||
| 2 | locking and unlocking means from within and outside the room in | ||||||
| 3 | its filed school safety plan under the School Safety Drill Act. | ||||||
| 4 | Local law enforcement officials and the local fire department | ||||||
| 5 | must be notified of the location of any door security locking | ||||||
| 6 | means and how to disengage it. Any specific tool needed to | ||||||
| 7 | disengage the door security locking means from the outside of | ||||||
| 8 | the room must, upon request, be made available to local law | ||||||
| 9 | enforcement officials and the local fire department. | ||||||
| 10 | (d) A door security locking means may be used only (i) by a | ||||||
| 11 | school district employee trained under subsection (e), (ii) | ||||||
| 12 | during an emergency that threatens the health and safety of | ||||||
| 13 | students and employees or during an active shooter drill, and | ||||||
| 14 | (iii) when local law enforcement officials and the local fire | ||||||
| 15 | department have been notified of its installation prior to its | ||||||
| 16 | use. The door security locking means must be engaged for a | ||||||
| 17 | finite period of time in accordance with the school district's | ||||||
| 18 | school safety plan adopted under the School Safety Drill Act. | ||||||
| 19 | (e) If the school district installs a door security locking | ||||||
| 20 | means, it must conduct an in-service training program for | ||||||
| 21 | school district employees on the proper use of the door | ||||||
| 22 | security locking means. The school district shall keep a file | ||||||
| 23 | verifying the employees who have completed the program and | ||||||
| 24 | must, upon request, provide the file to the local fire | ||||||
| 25 | department and local law enforcement agency. | ||||||
| 26 | (f) A door security locking means that requires 2 releasing | ||||||
| |||||||
| |||||||
| 1 | operations must be discontinued from use when the door is | ||||||
| 2 | replaced or is a part of new construction. Replacement and new | ||||||
| 3 | construction door hardware must include mortise locks, | ||||||
| 4 | compliant with the applicable building code, and must be | ||||||
| 5 | lockable from the occupied side without opening the door. | ||||||
| 6 | However, mortise locks are not required if panic hardware or | ||||||
| 7 | fire exit hardware is required.
| ||||||
| 8 | (Source: P.A. 101-548, eff. 8-23-19; revised 10-21-19.)
| ||||||
| 9 | Section 290. The Illinois School Student Records Act is | ||||||
| 10 | amended by changing Section 2 as follows:
| ||||||
| 11 | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| ||||||
| 12 | Sec. 2.
As used in this Act: ,
| ||||||
| 13 | (a) "Student" means any person enrolled or previously | ||||||
| 14 | enrolled in a school.
| ||||||
| 15 | (b) "School" means any public preschool, day care center,
| ||||||
| 16 | kindergarten, nursery, elementary or secondary educational | ||||||
| 17 | institution,
vocational school, special educational facility | ||||||
| 18 | or any other elementary or
secondary educational agency or | ||||||
| 19 | institution and any person, agency or
institution which | ||||||
| 20 | maintains school student records from more than one school,
but | ||||||
| 21 | does not include a private or non-public school.
| ||||||
| 22 | (c) "State Board" means the State Board of Education.
| ||||||
| 23 | (d) "School Student Record" means any writing or
other | ||||||
| 24 | recorded information concerning a student
and by which a | ||||||
| |||||||
| |||||||
| 1 | student may be individually identified,
maintained by a school | ||||||
| 2 | or at its direction or by an employee of a
school, regardless | ||||||
| 3 | of how or where the information is stored.
The following shall | ||||||
| 4 | not be deemed school student records under
this Act: writings | ||||||
| 5 | or other recorded information maintained by an
employee of a | ||||||
| 6 | school or other person at the direction of a school for his or
| ||||||
| 7 | her exclusive use; provided that all such writings and other | ||||||
| 8 | recorded
information are destroyed not later than the student's | ||||||
| 9 | graduation or permanent
withdrawal from the school; and | ||||||
| 10 | provided further that no such records or
recorded information | ||||||
| 11 | may be released or disclosed to any person except a person
| ||||||
| 12 | designated by the school as
a substitute unless they are first | ||||||
| 13 | incorporated
in a school student record and made subject to all | ||||||
| 14 | of the
provisions of this Act.
School student records shall not | ||||||
| 15 | include information maintained by
law enforcement | ||||||
| 16 | professionals working in the school.
| ||||||
| 17 | (e) "Student Permanent Record" means the minimum personal
| ||||||
| 18 | information necessary to a school in the education of the | ||||||
| 19 | student
and contained in a school student record. Such | ||||||
| 20 | information
may include the student's name, birth date, | ||||||
| 21 | address, grades
and grade level, parents' names and addresses, | ||||||
| 22 | attendance
records, and such other entries as the State Board | ||||||
| 23 | may
require or authorize.
| ||||||
| 24 | (f) "Student Temporary Record" means all information | ||||||
| 25 | contained in
a school student record but not contained in
the | ||||||
| 26 | student permanent record. Such information may include
family | ||||||
| |||||||
| |||||||
| 1 | background information, intelligence test scores, aptitude
| ||||||
| 2 | test scores, psychological and personality test results, | ||||||
| 3 | teacher
evaluations, and other information of clear relevance | ||||||
| 4 | to the
education of the student, all subject to regulations of | ||||||
| 5 | the State Board.
The information shall include information | ||||||
| 6 | provided under Section 8.6 of the
Abused and Neglected Child | ||||||
| 7 | Reporting Act and information contained in service logs | ||||||
| 8 | maintained by a local education agency under subsection (d) of | ||||||
| 9 | Section 14-8.02f of the School Code.
In addition, the student | ||||||
| 10 | temporary record shall include information regarding
serious | ||||||
| 11 | disciplinary infractions that resulted in expulsion, | ||||||
| 12 | suspension, or the
imposition of punishment or sanction. For | ||||||
| 13 | purposes of this provision, serious
disciplinary infractions | ||||||
| 14 | means: infractions involving drugs, weapons, or bodily
harm to | ||||||
| 15 | another.
| ||||||
| 16 | (g) "Parent" means a person who is the natural parent of | ||||||
| 17 | the
student or other person who has the primary responsibility | ||||||
| 18 | for the
care and upbringing of the student. All rights and | ||||||
| 19 | privileges accorded
to a parent under this Act shall become | ||||||
| 20 | exclusively those of the student
upon his 18th birthday, | ||||||
| 21 | graduation from secondary school, marriage
or entry into | ||||||
| 22 | military service, whichever occurs first. Such
rights and | ||||||
| 23 | privileges may also be exercised by the student
at any time | ||||||
| 24 | with respect to the student's permanent school record.
| ||||||
| 25 | (Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 295. The Education for Homeless Children Act is | ||||||
| 2 | amended by changing Section 1-10 as follows:
| ||||||
| 3 | (105 ILCS 45/1-10)
| ||||||
| 4 | Sec. 1-10. Choice of schools. (a) When a child loses | ||||||
| 5 | permanent housing and becomes a homeless person
within the | ||||||
| 6 | meaning of Section 1-5, or when a homeless child changes his or | ||||||
| 7 | her
temporary living arrangements, the parents or guardians of | ||||||
| 8 | the homeless child
shall have the option of either:
| ||||||
| 9 | (1) continuing the child's education in the school of | ||||||
| 10 | origin for as long
as the child remains homeless or, if the | ||||||
| 11 | child becomes permanently housed,
until the end of the | ||||||
| 12 | academic year during which the housing is acquired; or
| ||||||
| 13 | (2) enrolling the child in any school that nonhomeless | ||||||
| 14 | students who live
in the attendance area in which the child | ||||||
| 15 | or youth is actually living are
eligible to attend.
| ||||||
| 16 | (Source: P.A. 100-201, eff. 8-18-17; revised 7-16-19.)
| ||||||
| 17 | Section 300. The Student Online Personal Protection Act is | ||||||
| 18 | amended by changing Section 27 as follows:
| ||||||
| 19 | (105 ILCS 85/27) | ||||||
| 20 | (This Section may contain text from a Public Act with a | ||||||
| 21 | delayed effective date) | ||||||
| 22 | Sec. 27. School duties. | ||||||
| 23 | (a) Each school shall post and maintain on its website or, | ||||||
| |||||||
| |||||||
| 1 | if the school does not maintain a website, make available for | ||||||
| 2 | inspection by the general public at its administrative office | ||||||
| 3 | all of the following information: | ||||||
| 4 | (1) An explanation, that is clear and understandable by | ||||||
| 5 | a layperson, of the data elements of covered information | ||||||
| 6 | that the school collects, maintains, or discloses to any | ||||||
| 7 | person, entity, third party, or governmental agency. The | ||||||
| 8 | information must explain how the school uses, to whom or | ||||||
| 9 | what entities it discloses, and for what purpose it | ||||||
| 10 | discloses the covered information. | ||||||
| 11 | (2) A list of operators that the school has written | ||||||
| 12 | agreements with, a copy of each written agreement, and a | ||||||
| 13 | business address for each operator. A copy of a written | ||||||
| 14 | agreement posted or made available by a school under this | ||||||
| 15 | paragraph may contain redactions, as provided under | ||||||
| 16 | subparagraph (F) of paragraph (4) of Section 15. | ||||||
| 17 | (3) For each operator, a list of any subcontractors to | ||||||
| 18 | whom covered information may be disclosed or a link to a | ||||||
| 19 | page on the operator's website that clearly lists that | ||||||
| 20 | information, as provided by the operator to the school | ||||||
| 21 | under paragraph (6) of Section 15. | ||||||
| 22 | (4) A written description of the procedures that a | ||||||
| 23 | parent may use to carry out the rights enumerated under | ||||||
| 24 | Section 33. | ||||||
| 25 | (5) A list of any breaches of covered information | ||||||
| 26 | maintained by the school or breaches under Section 15 that | ||||||
| |||||||
| |||||||
| 1 | includes, but is not limited to, all of the following | ||||||
| 2 | information: | ||||||
| 3 | (A) The number of students whose covered | ||||||
| 4 | information is involved in the breach, unless | ||||||
| 5 | disclosing that number would violate the provisions of | ||||||
| 6 | the Personal Information Protection Act. | ||||||
| 7 | (B) The date, estimated date, or estimated date | ||||||
| 8 | range of the breach. | ||||||
| 9 | (C) For a breach under Section 15, the name of the | ||||||
| 10 | operator. | ||||||
| 11 | The school may omit from the list required under this | ||||||
| 12 | paragraph (5): (i) any breach in which, to the best of the | ||||||
| 13 | school's knowledge at the time of updating the list, the | ||||||
| 14 | number of students whose covered information is involved in | ||||||
| 15 | the breach is less than 10% of the school's enrollment, | ||||||
| 16 | (ii) any breach in which, at the time of posting the list, | ||||||
| 17 | the school is not required to notify the parent of a | ||||||
| 18 | student under subsection (d), (iii) any breach in which the | ||||||
| 19 | date, estimated date, or estimated date range in which it | ||||||
| 20 | occurred is earlier than July 1, 2021, or (iv) any breach | ||||||
| 21 | previously posted on a list under this paragraph (5) no | ||||||
| 22 | more than 5 years prior to the school updating the current | ||||||
| 23 | list. | ||||||
| 24 | The school must, at a minimum, update the items under | ||||||
| 25 | paragraphs (1), (3), (4), and (5) no later than 30 calendar | ||||||
| 26 | days following the start of a fiscal year and no later than 30 | ||||||
| |||||||
| |||||||
| 1 | days following the beginning of a calendar year. | ||||||
| 2 | (b) Each school must adopt a policy for designating which | ||||||
| 3 | school employees are authorized to enter into written | ||||||
| 4 | agreements with operators. This subsection may not be construed | ||||||
| 5 | to limit individual school employees outside of the scope of | ||||||
| 6 | their employment from entering into agreements with operators | ||||||
| 7 | on their own behalf and for non-K through 12 school purposes, | ||||||
| 8 | provided that no covered information is provided to the | ||||||
| 9 | operators. Any agreement or contract entered into in violation | ||||||
| 10 | of this Act is void and unenforceable as against public policy. | ||||||
| 11 | (c) A school must post on its website or, if the school | ||||||
| 12 | does not maintain a website, make available at its | ||||||
| 13 | administrative office for inspection by the general public each | ||||||
| 14 | written agreement entered into under this Act, along with any | ||||||
| 15 | information required under subsection (a), no later than 10 | ||||||
| 16 | business days after entering into the agreement. | ||||||
| 17 | (d) After receipt of notice of a breach under Section 15 or | ||||||
| 18 | determination of a breach of covered information maintained by | ||||||
| 19 | the school, a school shall notify, no later than 30 calendar | ||||||
| 20 | days after receipt of the notice or determination that a breach | ||||||
| 21 | has occurred, the parent of any student whose covered | ||||||
| 22 | information is involved in the breach. The notification must | ||||||
| 23 | include, but is not limited to, all of the following: | ||||||
| 24 | (1) The date, estimated date, or estimated date range | ||||||
| 25 | of the breach. | ||||||
| 26 | (2) A description of the covered information that was | ||||||
| |||||||
| |||||||
| 1 | compromised or reasonably believed to have been | ||||||
| 2 | compromised in the breach. | ||||||
| 3 | (3) Information that the parent may use to contact the | ||||||
| 4 | operator and school to inquire about the breach. | ||||||
| 5 | (4) The toll-free numbers, addresses, and websites for | ||||||
| 6 | consumer reporting agencies. | ||||||
| 7 | (5) The toll-free number, address, and website for the | ||||||
| 8 | Federal Trade Commission. | ||||||
| 9 | (6) A statement that the parent may obtain information | ||||||
| 10 | from the Federal Trade Commission and consumer reporting | ||||||
| 11 | agencies about fraud alerts and security freezes. | ||||||
| 12 | A notice of breach required under this subsection may be | ||||||
| 13 | delayed if an appropriate law enforcement agency determines | ||||||
| 14 | that the notification will interfere with a criminal | ||||||
| 15 | investigation and provides the school with a written request | ||||||
| 16 | for a delay of notice. A school must comply with the | ||||||
| 17 | notification requirements as soon as the notification will no | ||||||
| 18 | longer interfere with the investigation. | ||||||
| 19 | (e) Each school must implement and maintain reasonable | ||||||
| 20 | security procedures and practices that otherwise meet or exceed | ||||||
| 21 | industry standards designed to protect covered information | ||||||
| 22 | from unauthorized access, destruction, use, modification, or | ||||||
| 23 | disclosure. Any written agreement under which the disclosure of | ||||||
| 24 | covered information between the school and a third party takes | ||||||
| 25 | place must include a provision requiring the entity to whom the | ||||||
| 26 | covered information is disclosed to implement and maintain | ||||||
| |||||||
| |||||||
| 1 | reasonable security procedures and practices that otherwise | ||||||
| 2 | meet or exceed industry standards designed to protect covered | ||||||
| 3 | information from unauthorized access, destruction, use, | ||||||
| 4 | modification, or disclosure. The State Board must make | ||||||
| 5 | available on its website a guidance document for schools | ||||||
| 6 | pertaining to reasonable security procedures and practices | ||||||
| 7 | under this subsection. | ||||||
| 8 | (f) Each school may designate an appropriate staff person | ||||||
| 9 | as a privacy officer, who may also be an official records | ||||||
| 10 | custodian as designated under the Illinois School Student | ||||||
| 11 | Records Act, to carry out the duties and responsibilities | ||||||
| 12 | assigned to schools and to ensure compliance with the | ||||||
| 13 | requirements of this Section and Section 26. | ||||||
| 14 | (g) A school shall make a request, pursuant to paragraph | ||||||
| 15 | (2) of Section 15, to an operator to delete covered information | ||||||
| 16 | on behalf of a student's parent if the parent requests from the | ||||||
| 17 | school that the student's covered information held by the | ||||||
| 18 | operator be deleted, so long as the deletion of the covered | ||||||
| 19 | information is not in violation of State or federal records | ||||||
| 20 | laws. | ||||||
| 21 | (h) This Section does not apply to nonpublic schools.
| ||||||
| 22 | (Source: P.A. 101-516, eff. 7-1-21; revised 12-3-19.)
| ||||||
| 23 | Section 305. The Dual Credit Quality Act is amended by | ||||||
| 24 | changing Section 20 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 27/20) | ||||||
| 2 | Sec. 20. Standards. All institutions offering dual credit | ||||||
| 3 | courses shall meet the following standards: | ||||||
| 4 | (1) High school instructors teaching credit-bearing | ||||||
| 5 | college-level courses for dual credit must meet any of the | ||||||
| 6 | academic credential requirements set forth in this | ||||||
| 7 | paragraph or paragraph (1), (2), or (3) of this Section and | ||||||
| 8 | need not meet higher certification requirements or those | ||||||
| 9 | set out in Article 21B of the School Code: | ||||||
| 10 | (A) Approved instructors of dual credit courses | ||||||
| 11 | shall meet any of the faculty credential standards | ||||||
| 12 | allowed by the Higher Learning Commission to determine | ||||||
| 13 | minimally qualified faculty. At the request of an | ||||||
| 14 | instructor, an instructor who meets these credential | ||||||
| 15 | standards shall be provided by the State Board of | ||||||
| 16 | Education with a Dual Credit Endorsement, to be placed | ||||||
| 17 | on the professional educator license, as established | ||||||
| 18 | by the State Board of Education and as authorized under | ||||||
| 19 | Article 21B of the School Code and promulgated through | ||||||
| 20 | administrative rule in cooperation with the Illinois | ||||||
| 21 | Community College Board and the Board of Higher | ||||||
| 22 | Education. | ||||||
| 23 | (B) An instructor who does not meet the faculty | ||||||
| 24 | credential standards allowed by the Higher Learning | ||||||
| 25 | Commission to determine minimally qualified faculty | ||||||
| 26 | may teach dual credit courses if the instructor has a | ||||||
| |||||||
| |||||||
| 1 | professional development plan, approved by the | ||||||
| 2 | institution and shared with the State Board of | ||||||
| 3 | Education, within 4 years of January 1, 2019 (the | ||||||
| 4 | effective date of Public Act 100-1049) this amendatory | ||||||
| 5 | Act of the 100th General Assembly, to raise his or her | ||||||
| 6 | credentials to be in line with the credentials under | ||||||
| 7 | subparagraph (A) of this paragraph (1). The | ||||||
| 8 | institution shall have 30 days to review the plan and | ||||||
| 9 | approve an instructor professional development plan | ||||||
| 10 | that is in line with the credentials set forth in | ||||||
| 11 | paragraph (2) of this Section. The institution shall | ||||||
| 12 | not unreasonably withhold approval of a professional | ||||||
| 13 | development plan. These approvals shall be good for as | ||||||
| 14 | long as satisfactory progress toward the completion of | ||||||
| 15 | the credential is demonstrated, but in no event shall a | ||||||
| 16 | professional development plan be in effect for more | ||||||
| 17 | than 3 years from the date of its approval. A high | ||||||
| 18 | school instructor whose professional development plan | ||||||
| 19 | is not approved by the institution may appeal to the | ||||||
| 20 | Illinois Community College Board or the Board of Higher | ||||||
| 21 | Education, as appropriate. | ||||||
| 22 | (C) The Illinois Community College Board shall | ||||||
| 23 | report yearly on its Internet website the number of | ||||||
| 24 | teachers who have approved professional development | ||||||
| 25 | plans under this Section. | ||||||
| 26 | (2) A high school instructor shall qualify for a | ||||||
| |||||||
| |||||||
| 1 | professional development plan if the instructor: | ||||||
| 2 | (A) has a master's degree in any discipline and has | ||||||
| 3 | earned 9 graduate hours in a discipline in which he or | ||||||
| 4 | she is currently teaching or expects to teach; or | ||||||
| 5 | (B) has a bachelor's degree with a minimum of 18 | ||||||
| 6 | graduate hours in a discipline that he or she is | ||||||
| 7 | currently teaching or expects to teach and is enrolled | ||||||
| 8 | in a discipline-specific master's degree program; and | ||||||
| 9 | (C) agrees to demonstrate his or her progress | ||||||
| 10 | toward completion to the supervising institution, as | ||||||
| 11 | outlined in the professional development plan. | ||||||
| 12 | (3) An instructor in career and technical education | ||||||
| 13 | courses must possess the credentials and demonstrated | ||||||
| 14 | teaching competencies appropriate to the field of | ||||||
| 15 | instruction. | ||||||
| 16 | (4) Course content must be equivalent to | ||||||
| 17 | credit-bearing college-level courses offered at the | ||||||
| 18 | community college. | ||||||
| 19 | (5) Learning outcomes must be the same as | ||||||
| 20 | credit-bearing college-level courses and be appropriately | ||||||
| 21 | measured. | ||||||
| 22 | (6) A high school instructor is expected to participate | ||||||
| 23 | in any orientation developed by the institution for dual | ||||||
| 24 | credit instructors in course curriculum, assessment | ||||||
| 25 | methods, and administrative requirements. | ||||||
| 26 | (7) Dual credit instructors must be given the | ||||||
| |||||||
| |||||||
| 1 | opportunity to participate in all activities available to | ||||||
| 2 | other adjunct faculty, including professional development, | ||||||
| 3 | seminars, site visits, and internal communication, | ||||||
| 4 | provided that such opportunities do not interfere with an | ||||||
| 5 | instructor's regular teaching duties. | ||||||
| 6 | (8) Every dual credit course must be reviewed annually | ||||||
| 7 | by faculty through the appropriate department to ensure | ||||||
| 8 | consistency with campus courses.
| ||||||
| 9 | (9) Dual credit students must be assessed using methods | ||||||
| 10 | consistent with students in traditional credit-bearing | ||||||
| 11 | college courses.
| ||||||
| 12 | (Source: P.A. 100-1049, eff. 1-1-19; revised 7-16-19.)
| ||||||
| 13 | Section 310. The Higher Education Veterans Service Act is | ||||||
| 14 | amended by changing Section 15 as follows:
| ||||||
| 15 | (110 ILCS 49/15)
| ||||||
| 16 | Sec. 15. Survey; coordinator; best practices report; best | ||||||
| 17 | efforts.
| ||||||
| 18 | (a) All public colleges and universities shall, within 60 | ||||||
| 19 | days after the effective date of this Act, conduct a survey of | ||||||
| 20 | the services and programs that are provided for veterans, | ||||||
| 21 | active duty military personnel, and their families, at each of | ||||||
| 22 | their respective campuses. This survey shall enumerate and | ||||||
| 23 | fully describe the service or program that is available, the | ||||||
| 24 | number of veterans or active duty personnel using the service | ||||||
| |||||||
| |||||||
| 1 | or program, an estimated range for potential use within a | ||||||
| 2 | 5-year and 10-year period, information on the location of the | ||||||
| 3 | service or program, and how its administrators may be | ||||||
| 4 | contacted. The survey shall indicate the manner or manners in | ||||||
| 5 | which a student veteran may avail himself or herself of the | ||||||
| 6 | program's services. This survey must be made available to all | ||||||
| 7 | veterans matriculating at the college or university in the form | ||||||
| 8 | of an orientation-related guidebook. | ||||||
| 9 | Each public college and university shall make the survey | ||||||
| 10 | available on the homepage of all campus Internet links as soon | ||||||
| 11 | as practical after the completion of the survey. As soon as | ||||||
| 12 | possible after the completion of the survey, each public | ||||||
| 13 | college and university shall provide a copy of its survey to | ||||||
| 14 | the following: | ||||||
| 15 | (1) the Board of Higher Education; | ||||||
| 16 | (2) the Department of Veterans' Affairs; | ||||||
| 17 | (3) the President and Minority Leader of the Senate and | ||||||
| 18 | the Speaker and Minority Leader of the House of | ||||||
| 19 | Representatives; and | ||||||
| 20 | (4) the Governor. | ||||||
| 21 | (b) Each public college and university shall, at its | ||||||
| 22 | discretion, (i) appoint, within 6 months after the effective | ||||||
| 23 | date of this Act, an existing employee or (ii) hire a new | ||||||
| 24 | employee to serve as a Coordinator of Veterans and Military | ||||||
| 25 | Personnel Student Services on each campus of the college or | ||||||
| 26 | university that has an onsite, daily, full-time student | ||||||
| |||||||
| |||||||
| 1 | headcount above 1,000 students. | ||||||
| 2 | The Coordinator of Veterans and Military Personnel Student | ||||||
| 3 | Services shall be an ombudsperson serving the specific needs of | ||||||
| 4 | student veterans and military personnel and their families and | ||||||
| 5 | shall serve as an advocate before the administration of the | ||||||
| 6 | college or university for the needs of student veterans. The | ||||||
| 7 | college or university shall enable the Coordinator of Veterans | ||||||
| 8 | and Military Personnel Student Services to communicate | ||||||
| 9 | directly with the senior executive administration of the | ||||||
| 10 | college or university periodically. The college or university | ||||||
| 11 | shall retain unfettered discretion to determine the | ||||||
| 12 | organizational management structure of its institution. | ||||||
| 13 | In addition to any responsibilities the college or | ||||||
| 14 | university may assign, the Coordinator of Veterans and Military | ||||||
| 15 | Personnel Student Services shall make its best efforts to | ||||||
| 16 | create a centralized source for student veterans and military | ||||||
| 17 | personnel to learn how to receive all benefit programs and | ||||||
| 18 | services for which they are eligible. | ||||||
| 19 | Each college and university campus that is required to have | ||||||
| 20 | a Coordinator of Veterans and Military Personnel Student | ||||||
| 21 | Services shall regularly and conspicuously advertise the | ||||||
| 22 | office location and , phone number of , and Internet access to | ||||||
| 23 | the Coordinator of Veterans and Military Personnel Student | ||||||
| 24 | Services, along with a brief summary of the manner in which he | ||||||
| 25 | or she can assist student veterans. The advertisement shall | ||||||
| 26 | include, but is not necessarily limited to, the following: | ||||||
| |||||||
| |||||||
| 1 | (1) advertisements on each campus' Internet home page; | ||||||
| 2 | and | ||||||
| 3 | (2) any promotional mailings for student application. | ||||||
| 4 | The Coordinator of Veterans and Military Personnel Student | ||||||
| 5 | Services shall facilitate other campus offices with the | ||||||
| 6 | promotion of programs and services that are available. | ||||||
| 7 | (c) Upon receipt of all of the surveys under subsection (a) | ||||||
| 8 | of this Section, the Board of Higher Education and the | ||||||
| 9 | Department of Veterans' Affairs shall conduct a joint review of | ||||||
| 10 | the surveys and post, on any Internet home page they may | ||||||
| 11 | operate, a link to each survey as posted on the Internet | ||||||
| 12 | website for the college or university. Upon receipt of all of | ||||||
| 13 | the surveys, the Office of the Governor, through its military | ||||||
| 14 | affairs advisors, shall similarly conduct a review of the | ||||||
| 15 | surveys and post the surveys on its Internet website. Following | ||||||
| 16 | its review of the surveys, the Office of the Governor shall | ||||||
| 17 | submit an evaluation report to each college and university | ||||||
| 18 | offering suggestions and insight on the conduct of student | ||||||
| 19 | veteran-related policies and programs. | ||||||
| 20 | (d) The Board of Higher Education and the Department of | ||||||
| 21 | Veterans' Affairs may issue a best practices report to | ||||||
| 22 | highlight those programs and services that are most beneficial | ||||||
| 23 | to veterans and active duty military personnel. The report | ||||||
| 24 | shall contain a fiscal needs assessment in conjunction with any | ||||||
| 25 | program recommendations. | ||||||
| 26 | (e) Each college and university campus that is required to | ||||||
| |||||||
| |||||||
| 1 | have a Coordinator of Veterans and Military Personnel Student | ||||||
| 2 | Services under subsection (b) of this Section shall make its | ||||||
| 3 | best efforts to create academic and social programs and | ||||||
| 4 | services for veterans and active duty military personnel that | ||||||
| 5 | will provide reasonable opportunities for academic performance | ||||||
| 6 | and success. | ||||||
| 7 | Each public college and university shall make its best | ||||||
| 8 | efforts to determine how its online educational curricula can | ||||||
| 9 | be expanded or altered to serve the needs of student veterans | ||||||
| 10 | and currently-deployed military, including a determination of | ||||||
| 11 | whether and to what extent the public colleges and universities | ||||||
| 12 | can share existing technologies to improve the online curricula | ||||||
| 13 | of peer institutions, provided such efforts are both | ||||||
| 14 | practically and economically feasible.
| ||||||
| 15 | (Source: P.A. 96-133, eff. 8-7-09; revised 7-16-19.)
| ||||||
| 16 | Section 315. The Public University Energy Conservation Act | ||||||
| 17 | is amended by changing Section 5 as follows:
| ||||||
| 18 | (110 ILCS 62/5)
| ||||||
| 19 | Sec. 5. Definitions. In this Act, words and phrases have | ||||||
| 20 | the
meanings set forth in the following Sections preceding | ||||||
| 21 | Section 10.
| ||||||
| 22 | (Source: P.A. 90-486, eff. 8-17-97; revised 7-16-19.)
| ||||||
| 23 | Section 320. The University of Illinois Act is amended by | ||||||
| |||||||
| |||||||
| 1 | setting forth,
renumbering, and changing multiple versions of | ||||||
| 2 | Section 105 as follows:
| ||||||
| 3 | (110 ILCS 305/105) | ||||||
| 4 | Sec. 105. Mental health resources. For the 2020-2021 | ||||||
| 5 | academic year and for each academic year thereafter, the | ||||||
| 6 | University must make available to its students information on | ||||||
| 7 | all mental health and suicide prevention resources available at | ||||||
| 8 | the University.
| ||||||
| 9 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| 10 | (110 ILCS 305/110)
| ||||||
| 11 | Sec. 110 105. Competency-based learning program; notice. | ||||||
| 12 | If the University offers a competency-based learning program, | ||||||
| 13 | it must notify a student if he or she becomes eligible for the | ||||||
| 14 | program.
| ||||||
| 15 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-21-19.)
| ||||||
| 16 | (110 ILCS 305/115)
| ||||||
| 17 | (Section scheduled to be repealed on January 1, 2022) | ||||||
| 18 | Sec. 115 105. Water rates report. | ||||||
| 19 | (a) Subject to appropriation, no later than December 1, | ||||||
| 20 | 2020, the Government Finance Research Center at the University | ||||||
| 21 | of Illinois at Chicago, in coordination with an | ||||||
| 22 | intergovernmental advisory committee, must issue a report | ||||||
| 23 | evaluating the setting of water rates throughout the Lake | ||||||
| |||||||
| |||||||
| 1 | Michigan service area of northeastern Illinois and, no later | ||||||
| 2 | than December 1, 2021, for the remainder of Illinois. The | ||||||
| 3 | report must provide recommendations for policy and regulatory | ||||||
| 4 | needs at the State and local level based on its findings. The | ||||||
| 5 | report shall, at a minimum, address all of the following areas: | ||||||
| 6 | (1) The components of a water bill. | ||||||
| 7 | (2) Reasons for increases in water rates. | ||||||
| 8 | (3) The definition of affordability throughout the | ||||||
| 9 | State and any variances to that definition. | ||||||
| 10 | (4) Evidence of rate-setting that utilizes | ||||||
| 11 | inappropriate practices. | ||||||
| 12 | (5) The extent to which State or local policies drive | ||||||
| 13 | cost increases or variations in rate-settings. | ||||||
| 14 | (6) Challenges within economically disadvantaged | ||||||
| 15 | communities in setting water rates. | ||||||
| 16 | (7) Opportunities for increased intergovernmental | ||||||
| 17 | coordination for setting equitable water rates. | ||||||
| 18 | (b) In developing the report under this Section, the | ||||||
| 19 | Government Finance Research Center shall form an advisory | ||||||
| 20 | committee, which shall be composed of all of the following | ||||||
| 21 | members: | ||||||
| 22 | (1) The Director of the Environmental Protection | ||||||
| 23 | Agency, or his or her designee. | ||||||
| 24 | (2) The Director of Natural Resources, or his or her | ||||||
| 25 | designee. | ||||||
| 26 | (3) The Director of Commerce and Economic Opportunity, | ||||||
| |||||||
| |||||||
| 1 | or his or her designee. | ||||||
| 2 | (4) The Attorney General, or his or her designee. | ||||||
| 3 | (5) At least 2 members who are representatives of | ||||||
| 4 | private water utilities operating in Illinois, appointed | ||||||
| 5 | by the Director of the Government Finance Research Center. | ||||||
| 6 | (6) At least 4 members who are representatives of | ||||||
| 7 | municipal water utilities, appointed by the Director of the | ||||||
| 8 | Government Finance Research Center. | ||||||
| 9 | (7) One member who is a representative of an | ||||||
| 10 | environmental justice advocacy organization, appointed by | ||||||
| 11 | the Director of the Government Finance Research Center. | ||||||
| 12 | (8) One member who is a representative of a consumer | ||||||
| 13 | advocacy organization, appointed by the Director of the | ||||||
| 14 | Government Finance Research Center. | ||||||
| 15 | (9) One member who is a representative of an | ||||||
| 16 | environmental planning organization that serves | ||||||
| 17 | northeastern Illinois, appointed by the Director of the | ||||||
| 18 | Government Finance Research Center. | ||||||
| 19 | (10) The Director of the Illinois State Water Survey, | ||||||
| 20 | or his or her designee. | ||||||
| 21 | (11) The Chairperson of the Illinois Commerce | ||||||
| 22 | Commission, or his or her designee. | ||||||
| 23 | (c) After all members are appointed, the committee shall | ||||||
| 24 | hold its first meeting at the call of the Director of the | ||||||
| 25 | Government Finance Research Center, at which meeting the | ||||||
| 26 | members shall select a chairperson from among themselves. After | ||||||
| |||||||
| |||||||
| 1 | its first meeting, the committee shall meet at the call of the | ||||||
| 2 | chairperson. Members of the committee shall serve without | ||||||
| 3 | compensation but may be reimbursed for their reasonable and | ||||||
| 4 | necessary expenses incurred in performing their duties. The | ||||||
| 5 | Government Finance Research Center shall provide | ||||||
| 6 | administrative and other support to the committee. | ||||||
| 7 | (d) No later than 60 days after August 23, 2019 (the | ||||||
| 8 | effective date of Public Act 101-562) this amendatory Act of | ||||||
| 9 | the 101st General Assembly, the Government Finance Research | ||||||
| 10 | Center must provide an opportunity for public comment on the | ||||||
| 11 | questions to be addressed in the report, the metrics to be | ||||||
| 12 | used, and the recommendations that need to be issued. | ||||||
| 13 | (e) This Section is repealed on January 1, 2022.
| ||||||
| 14 | (Source: P.A. 101-562, eff. 8-23-19; revised 10-21-19.)
| ||||||
| 15 | Section 325. The University of Illinois Hospital Act is | ||||||
| 16 | amended by setting forth,
renumbering, and changing multiple | ||||||
| 17 | versions of Section 8b as follows:
| ||||||
| 18 | (110 ILCS 330/8b) | ||||||
| 19 | Sec. 8b. Instruments for taking a pregnant woman's blood | ||||||
| 20 | pressure. The University of Illinois Hospital shall ensure that | ||||||
| 21 | it has the proper instruments available for taking a pregnant | ||||||
| 22 | woman's blood pressure. The Department of Public Health shall | ||||||
| 23 | adopt rules for the implementation of this Section.
| ||||||
| 24 | (Source: P.A. 101-91, eff. 1-1-20.)
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 330/8c) | ||||||
| 2 | Sec. 8c 8b. Closed captioning required. The University of | ||||||
| 3 | Illinois Hospital must make reasonable efforts to have | ||||||
| 4 | activated at all times the closed captioning feature on a | ||||||
| 5 | television in a common area provided for use by the general | ||||||
| 6 | public or in a patient's room or to enable the closed | ||||||
| 7 | captioning feature when requested to do so by a member of the | ||||||
| 8 | general public or a patient if the television includes a closed | ||||||
| 9 | captioning feature. | ||||||
| 10 | It is not a violation of this Section if the closed | ||||||
| 11 | captioning feature is deactivated by a member of the University | ||||||
| 12 | of Illinois Hospital's staff after such feature is enabled in a | ||||||
| 13 | common area or in a patient's room unless the deactivation of | ||||||
| 14 | the closed captioning feature is knowing or intentional. It is | ||||||
| 15 | not a violation of this Section if the closed captioning | ||||||
| 16 | feature is deactivated by a member of the general public, a | ||||||
| 17 | patient, or a member of the University of Illinois Hospital's | ||||||
| 18 | staff at the request of a patient of the University of Illinois | ||||||
| 19 | Hospital. | ||||||
| 20 | If the University of Illinois Hospital does not have a | ||||||
| 21 | television that includes a closed captioning feature, then the | ||||||
| 22 | University of Illinois Hospital must ensure that all | ||||||
| 23 | televisions obtained for common areas and patient rooms after | ||||||
| 24 | January 1, 2020 (the effective date of Public Act 101-116) this | ||||||
| 25 | amendatory Act of the 101st General Assembly include a closed | ||||||
| |||||||
| |||||||
| 1 | captioning feature. This Section does not affect any other | ||||||
| 2 | provision of law relating to disability discrimination or | ||||||
| 3 | providing reasonable accommodations or diminish the rights of a | ||||||
| 4 | person with a disability under any other law. | ||||||
| 5 | As used in this Section, "closed captioning" means a text | ||||||
| 6 | display of spoken words presented on a television that allows a | ||||||
| 7 | deaf or hard of hearing viewer to follow the dialogue and the | ||||||
| 8 | action of a program simultaneously.
| ||||||
| 9 | (Source: P.A. 101-116, eff. 1-1-20; revised 9-17-19.)
| ||||||
| 10 | Section 330. The Southern Illinois University Management | ||||||
| 11 | Act is amended by setting forth and
renumbering multiple | ||||||
| 12 | versions of Section 90 as follows:
| ||||||
| 13 | (110 ILCS 520/90) | ||||||
| 14 | Sec. 90. Mental health resources. For the 2020-2021 | ||||||
| 15 | academic year and for each academic year thereafter, the | ||||||
| 16 | University must make available to its students information on | ||||||
| 17 | all mental health and suicide prevention resources available at | ||||||
| 18 | the University.
| ||||||
| 19 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| 20 | (110 ILCS 520/95) | ||||||
| 21 | Sec. 95 90. Competency-based learning program; notice. If | ||||||
| 22 | the University offers a competency-based learning program, it | ||||||
| 23 | must notify a student if he or she becomes eligible for the | ||||||
| |||||||
| |||||||
| 1 | program.
| ||||||
| 2 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
| 3 | Section 335. The Chicago State University Law is amended by | ||||||
| 4 | setting forth and
renumbering multiple versions of Section | ||||||
| 5 | 5-200 as follows:
| ||||||
| 6 | (110 ILCS 660/5-200) | ||||||
| 7 | Sec. 5-200. Mental health resources. For the 2020-2021 | ||||||
| 8 | academic year for and each academic year thereafter, the | ||||||
| 9 | University must make available to its students information on | ||||||
| 10 | all mental health and suicide prevention resources available at | ||||||
| 11 | the University.
| ||||||
| 12 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| 13 | (110 ILCS 660/5-205) | ||||||
| 14 | Sec. 5-205 5-200. Competency-based learning program; | ||||||
| 15 | notice. If the University offers a competency-based learning | ||||||
| 16 | program, it must notify a student if he or she becomes eligible | ||||||
| 17 | for the program.
| ||||||
| 18 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
| 19 | Section 340. The Eastern Illinois University Law is amended | ||||||
| 20 | by setting forth and
renumbering multiple versions of Section | ||||||
| 21 | 10-200 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 665/10-200) | ||||||
| 2 | Sec. 10-200. Mental health resources. For the 2020-2021 | ||||||
| 3 | academic year and for each academic year thereafter, the | ||||||
| 4 | University must make available to its students information on | ||||||
| 5 | all mental health and suicide prevention resources available at | ||||||
| 6 | the University.
| ||||||
| 7 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| 8 | (110 ILCS 665/10-205) | ||||||
| 9 | Sec. 10-205 10-200. Competency-based learning program; | ||||||
| 10 | notice. If the University offers a competency-based learning | ||||||
| 11 | program, it must notify a student if he or she becomes eligible | ||||||
| 12 | for the program.
| ||||||
| 13 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
| 14 | Section 345. The Governors State University Law is amended | ||||||
| 15 | by setting forth and renumbering multiple versions of Section | ||||||
| 16 | 15-200 as follows:
| ||||||
| 17 | (110 ILCS 670/15-200) | ||||||
| 18 | Sec. 15-200. Mental health resources. For the 2020-2021 | ||||||
| 19 | academic year and for each academic year thereafter, the | ||||||
| 20 | University must make available to its students information on | ||||||
| 21 | all mental health and suicide prevention resources available at | ||||||
| 22 | the University.
| ||||||
| 23 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 670/15-205) | ||||||
| 2 | Sec. 15-205 15-200. Competency-based learning program; | ||||||
| 3 | notice. If the University offers a competency-based learning | ||||||
| 4 | program, it must notify a student if he or she becomes eligible | ||||||
| 5 | for the program.
| ||||||
| 6 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
| 7 | Section 350. The Illinois State University Law is amended | ||||||
| 8 | by setting forth and
renumbering changing multiple versions of | ||||||
| 9 | Section 20-205 as follows:
| ||||||
| 10 | (110 ILCS 675/20-205) | ||||||
| 11 | Sec. 20-205. Mental health resources. For the 2020-2021 | ||||||
| 12 | academic year and for each academic year thereafter, the | ||||||
| 13 | University must make available to its students information on | ||||||
| 14 | all mental health and suicide prevention resources available at | ||||||
| 15 | the University.
| ||||||
| 16 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| 17 | (110 ILCS 675/20-210) | ||||||
| 18 | Sec. 20-210 20-205. Competency-based learning program; | ||||||
| 19 | notice. If the University offers a competency-based learning | ||||||
| 20 | program, it must notify a student if he or she becomes eligible | ||||||
| 21 | for the program.
| ||||||
| 22 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 355. The Northeastern Illinois University Law is | ||||||
| 2 | amended by setting forth and
renumbering multiple versions of | ||||||
| 3 | Section 25-200 as follows:
| ||||||
| 4 | (110 ILCS 680/25-200) | ||||||
| 5 | Sec. 25-200. Mental health resources. For the 2020-2021 | ||||||
| 6 | academic year and for each academic year thereafter, the | ||||||
| 7 | University must make available to its students information on | ||||||
| 8 | all mental health and suicide prevention resources available at | ||||||
| 9 | the University.
| ||||||
| 10 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| 11 | (110 ILCS 680/25-205) | ||||||
| 12 | Sec. 25-205 25-200. Competency-based learning program; | ||||||
| 13 | notice. If the University offers a competency-based learning | ||||||
| 14 | program, it must notify a student if he or she becomes eligible | ||||||
| 15 | for the program.
| ||||||
| 16 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
| 17 | Section 360. The Northern Illinois University Law is | ||||||
| 18 | amended by setting forth and renumbering multiple versions of | ||||||
| 19 | Section 30-210 as follows:
| ||||||
| 20 | (110 ILCS 685/30-210) | ||||||
| 21 | Sec. 30-210. Mental health resources. For the 2020-2021 | ||||||
| |||||||
| |||||||
| 1 | academic year and for each academic year thereafter, the | ||||||
| 2 | University must make available to its students information on | ||||||
| 3 | all mental health and suicide prevention resources available at | ||||||
| 4 | the University.
| ||||||
| 5 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| 6 | (110 ILCS 685/30-215) | ||||||
| 7 | Sec. 30-215 30-210. Competency-based learning program; | ||||||
| 8 | notice. If the University offers a competency-based learning | ||||||
| 9 | program, it must notify a student if he or she becomes eligible | ||||||
| 10 | for the program.
| ||||||
| 11 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
| 12 | Section 365. The Western Illinois University Law is amended | ||||||
| 13 | by setting forth and
renumbering multiple versions of Section | ||||||
| 14 | 35-205 as follows:
| ||||||
| 15 | (110 ILCS 690/35-205) | ||||||
| 16 | Sec. 35-205. Mental health resources. For the 2020-2021 | ||||||
| 17 | academic year and for each academic year thereafter, the | ||||||
| 18 | University must make available to its students information on | ||||||
| 19 | all mental health and suicide prevention resources available at | ||||||
| 20 | the University.
| ||||||
| 21 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
| 22 | (110 ILCS 690/35-210) | ||||||
| |||||||
| |||||||
| 1 | Sec. 35-210 35-205. Competency-based learning program; | ||||||
| 2 | notice. If the University offers a competency-based learning | ||||||
| 3 | program, it must notify a student if he or she becomes eligible | ||||||
| 4 | for the program.
| ||||||
| 5 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
| 6 | Section 370. The Illinois Banking Act is amended by | ||||||
| 7 | changing Section 48 as follows:
| ||||||
| 8 | (205 ILCS 5/48)
| ||||||
| 9 | Sec. 48. Secretary's powers; duties. The Secretary shall | ||||||
| 10 | have the
powers and authority, and is charged with the duties | ||||||
| 11 | and responsibilities
designated in this Act, and a State bank | ||||||
| 12 | shall not be subject to any
other visitorial power other than | ||||||
| 13 | as authorized by this Act, except those
vested in the courts, | ||||||
| 14 | or upon prior consultation with the Secretary, a
foreign bank | ||||||
| 15 | regulator with an appropriate supervisory interest in the | ||||||
| 16 | parent
or affiliate of a state bank. In the performance of the | ||||||
| 17 | Secretary's
duties:
| ||||||
| 18 | (1) The Commissioner shall call for statements from all | ||||||
| 19 | State banks
as provided in Section 47 at least one time | ||||||
| 20 | during each calendar quarter.
| ||||||
| 21 | (2) (a) The Commissioner, as often as the Commissioner | ||||||
| 22 | shall deem
necessary or
proper, and no less frequently than | ||||||
| 23 | 18 months following the preceding
examination, shall | ||||||
| 24 | appoint a suitable person or
persons to make an examination | ||||||
| |||||||
| |||||||
| 1 | of the affairs of every State bank,
except that for every | ||||||
| 2 | eligible State bank, as defined by regulation, the
| ||||||
| 3 | Commissioner in lieu of the examination may accept on an | ||||||
| 4 | alternating basis the
examination made by the eligible | ||||||
| 5 | State bank's appropriate federal banking
agency pursuant | ||||||
| 6 | to Section 111 of the Federal Deposit Insurance Corporation
| ||||||
| 7 | Improvement Act of 1991, provided the appropriate federal | ||||||
| 8 | banking agency has
made such an examination. A person so | ||||||
| 9 | appointed shall not be a stockholder or
officer or employee | ||||||
| 10 | of
any bank which that person may be directed to examine, | ||||||
| 11 | and shall have
powers to make a thorough examination into | ||||||
| 12 | all the affairs of the bank and
in so doing to examine any | ||||||
| 13 | of the officers or agents or employees thereof
on oath and | ||||||
| 14 | shall make a full and detailed report of the condition of | ||||||
| 15 | the
bank to the Commissioner. In making the examination the | ||||||
| 16 | examiners shall
include an examination of the affairs of | ||||||
| 17 | all the affiliates of the bank, as
defined in subsection | ||||||
| 18 | (b) of Section 35.2 of this Act, or subsidiaries of the
| ||||||
| 19 | bank as shall be
necessary to disclose fully the conditions | ||||||
| 20 | of the subsidiaries or
affiliates, the relations
between | ||||||
| 21 | the bank and the subsidiaries or affiliates and the effect | ||||||
| 22 | of those
relations upon
the affairs of the bank, and in | ||||||
| 23 | connection therewith shall have power to
examine any of the | ||||||
| 24 | officers, directors, agents, or employees of the
| ||||||
| 25 | subsidiaries or affiliates
on oath. After May 31, 1997, the | ||||||
| 26 | Commissioner may enter into cooperative
agreements
with | ||||||
| |||||||
| |||||||
| 1 | state regulatory authorities of other states to provide for | ||||||
| 2 | examination of
State bank branches in those states, and the | ||||||
| 3 | Commissioner may accept reports
of examinations of State | ||||||
| 4 | bank branches from those state regulatory authorities.
| ||||||
| 5 | These cooperative agreements may set forth the manner in | ||||||
| 6 | which the other state
regulatory authorities may be | ||||||
| 7 | compensated for examinations prepared for and
submitted to | ||||||
| 8 | the Commissioner.
| ||||||
| 9 | (b) After May 31, 1997, the Commissioner is authorized | ||||||
| 10 | to examine, as often
as the Commissioner shall deem | ||||||
| 11 | necessary or proper, branches of out-of-state
banks. The | ||||||
| 12 | Commissioner may establish and may assess fees to be paid | ||||||
| 13 | to the
Commissioner for examinations under this subsection | ||||||
| 14 | (b). The fees shall be
borne by the out-of-state bank, | ||||||
| 15 | unless the fees are borne by the state
regulatory authority | ||||||
| 16 | that chartered the out-of-state bank, as determined by a
| ||||||
| 17 | cooperative agreement between the Commissioner and the | ||||||
| 18 | state regulatory
authority that chartered the out-of-state | ||||||
| 19 | bank.
| ||||||
| 20 | (2.1) Pursuant to paragraph (a) of subsection (6) of | ||||||
| 21 | this Section, the Secretary shall adopt rules that ensure | ||||||
| 22 | consistency and due process in the examination process. The | ||||||
| 23 | Secretary may also establish guidelines that (i) define the | ||||||
| 24 | scope of the examination process and (ii) clarify | ||||||
| 25 | examination items to be resolved. The rules, formal | ||||||
| 26 | guidance, interpretive letters, or opinions furnished to | ||||||
| |||||||
| |||||||
| 1 | State banks by the Secretary may be relied upon by the | ||||||
| 2 | State banks. | ||||||
| 3 | (2.5) Whenever any State bank, any subsidiary or | ||||||
| 4 | affiliate of a State
bank, or after May 31, 1997, any | ||||||
| 5 | branch of an out-of-state bank causes to
be performed, by | ||||||
| 6 | contract or otherwise, any bank services
for itself, | ||||||
| 7 | whether on or off its premises:
| ||||||
| 8 | (a) that performance shall be subject to | ||||||
| 9 | examination by the Commissioner
to the same extent as | ||||||
| 10 | if services were being performed by the bank or, after
| ||||||
| 11 | May 31, 1997, branch of the out-of-state bank itself
on | ||||||
| 12 | its own premises; and
| ||||||
| 13 | (b) the bank or, after May 31, 1997, branch of the | ||||||
| 14 | out-of-state bank
shall notify the Commissioner of the | ||||||
| 15 | existence of a service
relationship. The notification | ||||||
| 16 | shall be submitted with the first statement
of | ||||||
| 17 | condition (as required by Section 47 of this Act) due | ||||||
| 18 | after the making
of the service contract or the | ||||||
| 19 | performance of the service, whichever occurs
first. | ||||||
| 20 | The Commissioner shall be notified of each subsequent | ||||||
| 21 | contract in
the same manner.
| ||||||
| 22 | For purposes of this subsection (2.5), the term "bank | ||||||
| 23 | services" means
services such as sorting and posting of | ||||||
| 24 | checks and deposits, computation
and posting of interest | ||||||
| 25 | and other credits and charges, preparation and
mailing of | ||||||
| 26 | checks, statements, notices, and similar items, or any | ||||||
| |||||||
| |||||||
| 1 | other
clerical, bookkeeping, accounting, statistical, or | ||||||
| 2 | similar functions
performed for a State bank, including, | ||||||
| 3 | but not limited to, electronic data
processing related to | ||||||
| 4 | those bank services.
| ||||||
| 5 | (3) The expense of administering this Act, including | ||||||
| 6 | the expense of
the examinations of State banks as provided | ||||||
| 7 | in this Act, shall to the extent
of the amounts resulting | ||||||
| 8 | from the fees provided for in paragraphs (a),
(a-2), and | ||||||
| 9 | (b) of this subsection (3) be assessed against and borne by | ||||||
| 10 | the
State banks:
| ||||||
| 11 | (a) Each bank shall pay to the Secretary a Call | ||||||
| 12 | Report Fee which
shall be paid in quarterly | ||||||
| 13 | installments equal
to one-fourth of the sum of the | ||||||
| 14 | annual fixed fee of $800, plus a variable
fee based on | ||||||
| 15 | the assets shown on the quarterly statement of | ||||||
| 16 | condition
delivered to the Secretary in accordance | ||||||
| 17 | with Section 47 for the
preceding quarter according to | ||||||
| 18 | the following schedule: 16¢ per $1,000 of
the first | ||||||
| 19 | $5,000,000 of total assets, 15¢ per $1,000 of the next
| ||||||
| 20 | $20,000,000 of total assets, 13¢ per $1,000 of the next | ||||||
| 21 | $75,000,000 of
total assets, 9¢ per $1,000 of the next | ||||||
| 22 | $400,000,000 of total assets, 7¢
per $1,000 of the next | ||||||
| 23 | $500,000,000 of total assets, and 5¢ per $1,000 of
all | ||||||
| 24 | assets in excess of $1,000,000,000, of the State bank. | ||||||
| 25 | The Call Report
Fee shall be calculated by the | ||||||
| 26 | Secretary and billed to the banks for
remittance at the | ||||||
| |||||||
| |||||||
| 1 | time of the quarterly statements of condition
provided | ||||||
| 2 | for in Section 47. The Secretary may require payment of | ||||||
| 3 | the fees
provided in this Section by an electronic | ||||||
| 4 | transfer of funds or an automatic
debit of an account | ||||||
| 5 | of each of the State banks. In case more than one
| ||||||
| 6 | examination of any
bank is deemed by the Secretary to | ||||||
| 7 | be necessary in any examination
frequency cycle | ||||||
| 8 | specified in subsection 2(a) of this Section,
and is | ||||||
| 9 | performed at his direction, the Secretary may
assess a | ||||||
| 10 | reasonable additional fee to recover the cost of the | ||||||
| 11 | additional
examination.
In lieu
of the method and | ||||||
| 12 | amounts set forth in this paragraph (a) for the | ||||||
| 13 | calculation
of the Call Report Fee, the Secretary may | ||||||
| 14 | specify by
rule that the Call Report Fees provided by | ||||||
| 15 | this Section may be assessed
semiannually or some other | ||||||
| 16 | period and may provide in the rule the formula to
be
| ||||||
| 17 | used for calculating and assessing the periodic Call | ||||||
| 18 | Report Fees to be paid by
State
banks.
| ||||||
| 19 | (a-1) If in the opinion of the Commissioner an | ||||||
| 20 | emergency exists or
appears likely, the Commissioner | ||||||
| 21 | may assign an examiner or examiners to
monitor the | ||||||
| 22 | affairs of a State bank with whatever frequency he | ||||||
| 23 | deems
appropriate, including, but not limited to, a | ||||||
| 24 | daily basis. The reasonable
and necessary expenses of | ||||||
| 25 | the Commissioner during the period of the monitoring
| ||||||
| 26 | shall be borne by the subject bank. The Commissioner | ||||||
| |||||||
| |||||||
| 1 | shall furnish the
State bank a statement of time and | ||||||
| 2 | expenses if requested to do so within 30
days of the | ||||||
| 3 | conclusion of the monitoring period.
| ||||||
| 4 | (a-2) On and after January 1, 1990, the reasonable | ||||||
| 5 | and necessary
expenses of the Commissioner during | ||||||
| 6 | examination of the performance of
electronic data | ||||||
| 7 | processing services under subsection (2.5) shall be
| ||||||
| 8 | borne by the banks for which the services are provided. | ||||||
| 9 | An amount, based
upon a fee structure prescribed by the | ||||||
| 10 | Commissioner, shall be paid by the
banks or, after May | ||||||
| 11 | 31, 1997, branches of out-of-state banks receiving the
| ||||||
| 12 | electronic data processing services along with the
| ||||||
| 13 | Call Report Fee assessed under paragraph (a) of this
| ||||||
| 14 | subsection (3).
| ||||||
| 15 | (a-3) After May 31, 1997, the reasonable and | ||||||
| 16 | necessary expenses of the
Commissioner during | ||||||
| 17 | examination of the performance of electronic data
| ||||||
| 18 | processing services under subsection (2.5) at or on | ||||||
| 19 | behalf of branches of
out-of-state banks shall be borne | ||||||
| 20 | by the out-of-state banks, unless those
expenses are | ||||||
| 21 | borne by the state regulatory authorities that | ||||||
| 22 | chartered the
out-of-state banks, as determined by | ||||||
| 23 | cooperative agreements between the
Commissioner and | ||||||
| 24 | the state regulatory authorities that chartered the
| ||||||
| 25 | out-of-state banks.
| ||||||
| 26 | (b) "Fiscal year" for purposes of this Section 48 | ||||||
| |||||||
| |||||||
| 1 | is defined as a
period beginning July 1 of any year and | ||||||
| 2 | ending June 30 of the next year.
The Commissioner shall | ||||||
| 3 | receive for each fiscal year, commencing with the
| ||||||
| 4 | fiscal year ending June 30, 1987, a contingent fee | ||||||
| 5 | equal to the lesser of
the aggregate of the fees paid | ||||||
| 6 | by all State banks under paragraph (a) of
subsection | ||||||
| 7 | (3) for that year, or the amount, if any, whereby the | ||||||
| 8 | aggregate
of the administration expenses, as defined | ||||||
| 9 | in paragraph (c), for that
fiscal year exceeds the sum | ||||||
| 10 | of the aggregate of the fees payable by all
State banks | ||||||
| 11 | for that year under paragraph (a) of subsection (3),
| ||||||
| 12 | plus any amounts transferred into the Bank and Trust | ||||||
| 13 | Company Fund from the
State Pensions Fund for that | ||||||
| 14 | year,
plus all
other amounts collected by the | ||||||
| 15 | Commissioner for that year under any
other provision of | ||||||
| 16 | this Act, plus the aggregate of all fees
collected for | ||||||
| 17 | that year by the Commissioner under the Corporate | ||||||
| 18 | Fiduciary
Act, excluding the receivership fees | ||||||
| 19 | provided for in Section 5-10 of the
Corporate Fiduciary | ||||||
| 20 | Act, and the Foreign Banking Office Act.
The aggregate | ||||||
| 21 | amount of the contingent
fee thus arrived at for any | ||||||
| 22 | fiscal year shall be apportioned amongst,
assessed | ||||||
| 23 | upon, and paid by the State banks and foreign banking | ||||||
| 24 | corporations,
respectively, in the same proportion
| ||||||
| 25 | that the fee of each under paragraph (a) of subsection | ||||||
| 26 | (3), respectively,
for that year bears to the aggregate | ||||||
| |||||||
| |||||||
| 1 | for that year of the fees collected
under paragraph (a) | ||||||
| 2 | of subsection (3). The aggregate amount of the
| ||||||
| 3 | contingent fee, and the portion thereof to be assessed | ||||||
| 4 | upon each State
bank and foreign banking corporation,
| ||||||
| 5 | respectively, shall be determined by the Commissioner | ||||||
| 6 | and shall be paid by
each, respectively, within 120 | ||||||
| 7 | days of the close of the period for which
the | ||||||
| 8 | contingent fee is computed and is payable, and the | ||||||
| 9 | Commissioner shall
give 20 days' advance notice of the | ||||||
| 10 | amount of the contingent fee payable by
the State bank | ||||||
| 11 | and of the date fixed by the Commissioner for payment | ||||||
| 12 | of
the fee.
| ||||||
| 13 | (c) The "administration expenses" for any fiscal | ||||||
| 14 | year shall mean the
ordinary and contingent expenses | ||||||
| 15 | for that year incident to making the
examinations | ||||||
| 16 | provided for by, and for otherwise administering, this | ||||||
| 17 | Act,
the Corporate Fiduciary Act, excluding the | ||||||
| 18 | expenses paid from the
Corporate Fiduciary | ||||||
| 19 | Receivership account in the Bank and Trust Company
| ||||||
| 20 | Fund, the Foreign Banking Office Act,
the Electronic | ||||||
| 21 | Fund Transfer Act,
and the Illinois Bank Examiners'
| ||||||
| 22 | Education Foundation Act, including all salaries and | ||||||
| 23 | other
compensation paid for personal services rendered | ||||||
| 24 | for the State by
officers or employees of the State, | ||||||
| 25 | including the Commissioner and the
Deputy | ||||||
| 26 | Commissioners, communication equipment and services, | ||||||
| |||||||
| |||||||
| 1 | office furnishings, surety bond
premiums, and travel | ||||||
| 2 | expenses of those officers and employees, employees,
| ||||||
| 3 | expenditures or charges for the acquisition, | ||||||
| 4 | enlargement or improvement
of, or for the use of, any | ||||||
| 5 | office space, building, or structure, or
expenditures | ||||||
| 6 | for the maintenance thereof or for furnishing heat, | ||||||
| 7 | light,
or power with respect thereto, all to the extent | ||||||
| 8 | that those expenditures
are directly incidental to | ||||||
| 9 | such examinations or administration.
The Commissioner | ||||||
| 10 | shall not be required by paragraphs (c) or (d-1) of | ||||||
| 11 | this
subsection (3) to maintain in any fiscal year's | ||||||
| 12 | budget appropriated reserves
for accrued vacation and | ||||||
| 13 | accrued sick leave that is required to be paid to
| ||||||
| 14 | employees of the Commissioner upon termination of | ||||||
| 15 | their service with the
Commissioner in an amount that | ||||||
| 16 | is more than is reasonably anticipated to be
necessary | ||||||
| 17 | for any anticipated turnover in employees, whether due | ||||||
| 18 | to normal
attrition or due to layoffs, terminations, or | ||||||
| 19 | resignations.
| ||||||
| 20 | (d) The aggregate of all fees collected by the | ||||||
| 21 | Secretary under
this Act, the Corporate Fiduciary Act,
| ||||||
| 22 | or the Foreign Banking Office Act on
and after July 1, | ||||||
| 23 | 1979, shall be paid promptly after receipt of the same,
| ||||||
| 24 | accompanied by a detailed statement thereof, into the | ||||||
| 25 | State treasury and
shall be set apart in a special fund | ||||||
| 26 | to be known as the "Bank and Trust
Company Fund", | ||||||
| |||||||
| |||||||
| 1 | except as provided in paragraph (c) of subsection (11) | ||||||
| 2 | of
this Section. All earnings received from | ||||||
| 3 | investments of funds in the Bank
and
Trust Company Fund | ||||||
| 4 | shall be deposited in the Bank and Trust Company Fund
| ||||||
| 5 | and may be used for the same purposes as fees deposited | ||||||
| 6 | in that Fund. The
amount from time to time deposited | ||||||
| 7 | into the Bank and
Trust Company Fund shall be used: (i) | ||||||
| 8 | to offset the ordinary administrative
expenses of the | ||||||
| 9 | Secretary as defined in
this Section or (ii) as a | ||||||
| 10 | credit against fees under paragraph (d-1) of this | ||||||
| 11 | subsection (3). Nothing in Public Act 81-131 shall | ||||||
| 12 | prevent
continuing the practice of paying expenses | ||||||
| 13 | involving salaries, retirement,
social security, and | ||||||
| 14 | State-paid insurance premiums of State officers by
| ||||||
| 15 | appropriations from the General Revenue Fund. However, | ||||||
| 16 | the General Revenue
Fund shall be reimbursed for those | ||||||
| 17 | payments made on and after July 1, 1979,
by an annual | ||||||
| 18 | transfer of funds from the Bank and Trust Company Fund. | ||||||
| 19 | Moneys in the Bank and Trust Company Fund may be | ||||||
| 20 | transferred to the Professions Indirect Cost Fund, as | ||||||
| 21 | authorized under Section 2105-300 of the Department of | ||||||
| 22 | Professional Regulation Law of the Civil | ||||||
| 23 | Administrative Code of Illinois.
| ||||||
| 24 | Notwithstanding provisions in the State Finance | ||||||
| 25 | Act, as now or hereafter amended, or any other law to | ||||||
| 26 | the contrary, the Governor may, during any fiscal year | ||||||
| |||||||
| |||||||
| 1 | through January 10, 2011, from time to time direct the | ||||||
| 2 | State Treasurer and Comptroller to transfer a | ||||||
| 3 | specified sum not exceeding 10% of the revenues to be | ||||||
| 4 | deposited into the Bank and Trust Company Fund during | ||||||
| 5 | that fiscal year from that Fund to the General Revenue | ||||||
| 6 | Fund in order to help defray the State's operating | ||||||
| 7 | costs for the fiscal year. Notwithstanding provisions | ||||||
| 8 | in the State Finance Act, as now or hereafter amended, | ||||||
| 9 | or any other law to the contrary, the total sum | ||||||
| 10 | transferred during any fiscal year through January 10, | ||||||
| 11 | 2011, from the Bank and Trust Company Fund to the | ||||||
| 12 | General Revenue Fund pursuant to this provision shall | ||||||
| 13 | not exceed during any fiscal year 10% of the revenues | ||||||
| 14 | to be deposited into the Bank and Trust Company Fund | ||||||
| 15 | during that fiscal year. The State Treasurer and | ||||||
| 16 | Comptroller shall transfer the amounts designated | ||||||
| 17 | under this Section as soon as may be practicable after | ||||||
| 18 | receiving the direction to transfer from the Governor.
| ||||||
| 19 | (d-1) Adequate funds shall be available in the Bank | ||||||
| 20 | and Trust
Company Fund to permit the timely payment of | ||||||
| 21 | administration expenses. In
each fiscal year the total | ||||||
| 22 | administration expenses shall be deducted from
the | ||||||
| 23 | total fees collected by the Commissioner and the | ||||||
| 24 | remainder transferred
into the Cash Flow Reserve | ||||||
| 25 | Account, unless the balance of the Cash Flow
Reserve | ||||||
| 26 | Account prior to the transfer equals or exceeds
| ||||||
| |||||||
| |||||||
| 1 | one-fourth of the total initial appropriations from | ||||||
| 2 | the Bank and Trust
Company Fund for the subsequent | ||||||
| 3 | year, in which case the remainder shall be
credited to | ||||||
| 4 | State banks and foreign banking corporations
and | ||||||
| 5 | applied against their fees for the subsequent
year. The | ||||||
| 6 | amount credited to each State bank and foreign banking | ||||||
| 7 | corporation
shall be in the same proportion as the
Call | ||||||
| 8 | Report Fees paid by each for the year bear to the total | ||||||
| 9 | Call Report
Fees collected for the year. If, after a | ||||||
| 10 | transfer to the Cash Flow Reserve
Account is made or if | ||||||
| 11 | no remainder is available for transfer, the balance
of | ||||||
| 12 | the Cash Flow Reserve Account is less than one-fourth | ||||||
| 13 | of the total
initial appropriations for the subsequent | ||||||
| 14 | year and the amount transferred
is less than 5% of the | ||||||
| 15 | total Call Report Fees for the year, additional
amounts | ||||||
| 16 | needed to make the transfer equal to 5% of the total | ||||||
| 17 | Call Report
Fees for the year shall be apportioned | ||||||
| 18 | amongst, assessed upon, and
paid by the State banks and | ||||||
| 19 | foreign banking corporations
in the same proportion | ||||||
| 20 | that the Call Report Fees of each,
respectively, for | ||||||
| 21 | the year bear to the total Call Report Fees collected | ||||||
| 22 | for
the year. The additional amounts assessed shall be | ||||||
| 23 | transferred into the
Cash Flow Reserve Account. For | ||||||
| 24 | purposes of this paragraph (d-1), the
calculation of | ||||||
| 25 | the fees collected by the Commissioner shall exclude | ||||||
| 26 | the
receivership fees provided for in Section 5-10 of | ||||||
| |||||||
| |||||||
| 1 | the Corporate Fiduciary Act.
| ||||||
| 2 | (e) The Commissioner may upon request certify to | ||||||
| 3 | any public record
in his keeping and shall have | ||||||
| 4 | authority to levy a reasonable charge for
issuing | ||||||
| 5 | certifications of any public record in his keeping.
| ||||||
| 6 | (f) In addition to fees authorized elsewhere in | ||||||
| 7 | this Act, the
Commissioner
may, in connection with a | ||||||
| 8 | review, approval, or provision of a service, levy a
| ||||||
| 9 | reasonable charge to recover the cost of the review, | ||||||
| 10 | approval, or service.
| ||||||
| 11 | (4) Nothing contained in this Act shall be construed to | ||||||
| 12 | limit the
obligation relative to examinations and reports | ||||||
| 13 | of any State bank, deposits
in which are to any extent | ||||||
| 14 | insured by the United States or any agency
thereof, nor to | ||||||
| 15 | limit in any way the powers of the Commissioner with
| ||||||
| 16 | reference to examinations and reports of that bank.
| ||||||
| 17 | (5) The nature and condition of the assets in or | ||||||
| 18 | investment of any
bonus, pension, or profit sharing plan | ||||||
| 19 | for officers or employees of every
State bank or, after May | ||||||
| 20 | 31, 1997, branch of an out-of-state bank shall be
deemed to | ||||||
| 21 | be included in the affairs of that State
bank or branch of | ||||||
| 22 | an out-of-state bank subject to examination by the
| ||||||
| 23 | Commissioner under the
provisions of subsection (2) of this | ||||||
| 24 | Section, and if the Commissioner
shall find from an | ||||||
| 25 | examination that the condition of or operation
of the | ||||||
| 26 | investments or assets of the plan is unlawful, fraudulent, | ||||||
| |||||||
| |||||||
| 1 | or
unsafe, or that any trustee has abused his trust, the | ||||||
| 2 | Commissioner
shall, if the situation so found by the | ||||||
| 3 | Commissioner shall not be
corrected to his satisfaction | ||||||
| 4 | within 60 days after the Commissioner has
given notice to | ||||||
| 5 | the board of directors of the State bank or out-of-state
| ||||||
| 6 | bank of his
findings, report the facts to the Attorney | ||||||
| 7 | General who shall thereupon
institute proceedings against | ||||||
| 8 | the State bank or out-of-state bank, the
board of directors
| ||||||
| 9 | thereof, or the trustees under such plan as the nature of | ||||||
| 10 | the case may require.
| ||||||
| 11 | (6) The Commissioner shall have the power:
| ||||||
| 12 | (a) To promulgate reasonable rules for the purpose | ||||||
| 13 | of
administering the provisions of this Act.
| ||||||
| 14 | (a-5) To impose conditions on any approval issued | ||||||
| 15 | by the Commissioner
if he determines that the | ||||||
| 16 | conditions are necessary or appropriate. These
| ||||||
| 17 | conditions shall be imposed in writing and shall | ||||||
| 18 | continue
in effect for the period prescribed by the | ||||||
| 19 | Commissioner.
| ||||||
| 20 | (b) To issue orders
against any person, if the | ||||||
| 21 | Commissioner has
reasonable cause to believe that an | ||||||
| 22 | unsafe or unsound banking practice
has occurred, is | ||||||
| 23 | occurring, or is about to occur, if any person has | ||||||
| 24 | violated,
is violating, or is about to violate any law, | ||||||
| 25 | rule, or written
agreement with the Commissioner, or
| ||||||
| 26 | for the purpose of administering the provisions of
this | ||||||
| |||||||
| |||||||
| 1 | Act and any rule promulgated in accordance with this | ||||||
| 2 | Act.
| ||||||
| 3 | (b-1) To enter into agreements with a bank | ||||||
| 4 | establishing a program to
correct the condition of the | ||||||
| 5 | bank or its practices.
| ||||||
| 6 | (c) To appoint hearing officers to execute any of | ||||||
| 7 | the powers granted to
the Commissioner under this | ||||||
| 8 | Section for the purpose of administering this
Act and | ||||||
| 9 | any rule promulgated in accordance with this Act
and | ||||||
| 10 | otherwise to authorize, in writing, an officer or | ||||||
| 11 | employee of the Office
of
Banks and Real Estate to | ||||||
| 12 | exercise his powers under this Act.
| ||||||
| 13 | (d) To subpoena witnesses, to compel their | ||||||
| 14 | attendance, to administer
an oath, to examine any | ||||||
| 15 | person under oath, and to require the production of
any | ||||||
| 16 | relevant books, papers, accounts, and documents in the | ||||||
| 17 | course of and
pursuant to any investigation being | ||||||
| 18 | conducted, or any action being taken,
by the | ||||||
| 19 | Commissioner in respect of any matter relating to the | ||||||
| 20 | duties imposed
upon, or the powers vested in, the | ||||||
| 21 | Commissioner under the provisions of
this Act or any | ||||||
| 22 | rule promulgated in accordance with this Act.
| ||||||
| 23 | (e) To conduct hearings.
| ||||||
| 24 | (7) Whenever, in the opinion of the Secretary, any | ||||||
| 25 | director,
officer, employee, or agent of a State bank
or | ||||||
| 26 | any subsidiary or bank holding company of the bank
or, | ||||||
| |||||||
| |||||||
| 1 | after May 31, 1997, of any
branch of an out-of-state bank
| ||||||
| 2 | or any subsidiary or bank holding company of the bank
shall | ||||||
| 3 | have violated any law,
rule, or order relating to that bank
| ||||||
| 4 | or any subsidiary or bank holding company of the bank, | ||||||
| 5 | shall have
obstructed or impeded any examination or | ||||||
| 6 | investigation by the Secretary, shall have engaged in an | ||||||
| 7 | unsafe or
unsound practice in conducting the business of | ||||||
| 8 | that bank
or any subsidiary or bank holding company of the | ||||||
| 9 | bank,
or shall have
violated any law or engaged or | ||||||
| 10 | participated in any unsafe or unsound practice
in | ||||||
| 11 | connection with any financial institution or other | ||||||
| 12 | business entity such that
the character and fitness of the | ||||||
| 13 | director, officer, employee, or agent does not
assure | ||||||
| 14 | reasonable promise of safe and sound operation of the State | ||||||
| 15 | bank, the
Secretary
may issue an order of removal.
If, in | ||||||
| 16 | the opinion of the Secretary, any former director, officer,
| ||||||
| 17 | employee,
or agent of a State bank
or any subsidiary or | ||||||
| 18 | bank holding company of the bank, prior to the
termination | ||||||
| 19 | of his or her service with
that bank
or any subsidiary or | ||||||
| 20 | bank holding company of the bank, violated any law,
rule, | ||||||
| 21 | or order relating to that
State bank
or any subsidiary or | ||||||
| 22 | bank holding company of the bank, obstructed or impeded
any | ||||||
| 23 | examination or investigation by the Secretary, engaged in | ||||||
| 24 | an unsafe or unsound practice in conducting the
business of | ||||||
| 25 | that bank
or any subsidiary or bank holding company of the | ||||||
| 26 | bank,
or violated any law or engaged or participated in any
| ||||||
| |||||||
| |||||||
| 1 | unsafe or unsound practice in connection with any financial | ||||||
| 2 | institution or
other business entity such that the | ||||||
| 3 | character and fitness of the director,
officer, employee, | ||||||
| 4 | or agent would not have assured reasonable promise of safe
| ||||||
| 5 | and sound operation of the State bank, the Secretary may | ||||||
| 6 | issue an order
prohibiting that person from
further
service | ||||||
| 7 | with a bank
or any subsidiary or bank holding company of | ||||||
| 8 | the bank
as a director, officer, employee, or agent. An | ||||||
| 9 | order
issued pursuant to this subsection shall be served | ||||||
| 10 | upon the
director,
officer, employee, or agent. A copy of | ||||||
| 11 | the order shall be sent to each
director of the bank | ||||||
| 12 | affected by registered mail. A copy of
the order shall also | ||||||
| 13 | be served upon the bank of which he is a director,
officer, | ||||||
| 14 | employee, or agent, whereupon he shall cease to be a | ||||||
| 15 | director,
officer, employee, or agent of that bank. The | ||||||
| 16 | Secretary may
institute a civil action against the | ||||||
| 17 | director, officer, or agent of the
State bank or, after May | ||||||
| 18 | 31, 1997, of the branch of the out-of-state bank
against | ||||||
| 19 | whom any order provided for by this subsection (7) of
this | ||||||
| 20 | Section 48 has been issued, and against the State bank or, | ||||||
| 21 | after May 31,
1997, out-of-state bank, to enforce
| ||||||
| 22 | compliance with or to enjoin any violation of the terms of | ||||||
| 23 | the order.
Any person who has been the subject of an order | ||||||
| 24 | of removal
or
an order of prohibition issued by the | ||||||
| 25 | Secretary under
this subsection or Section 5-6 of the | ||||||
| 26 | Corporate Fiduciary Act may not
thereafter serve as | ||||||
| |||||||
| |||||||
| 1 | director, officer, employee, or agent of any State bank
or | ||||||
| 2 | of any branch of any out-of-state bank,
or of any corporate | ||||||
| 3 | fiduciary, as defined in Section 1-5.05 of the
Corporate
| ||||||
| 4 | Fiduciary Act, or of any other entity that is subject to | ||||||
| 5 | licensure or
regulation by the Division of Banking unless
| ||||||
| 6 | the Secretary has granted prior approval in writing.
| ||||||
| 7 | For purposes of this paragraph (7), "bank holding | ||||||
| 8 | company" has the
meaning prescribed in Section 2 of the | ||||||
| 9 | Illinois Bank Holding Company Act of
1957.
| ||||||
| 10 | (7.5) Notwithstanding the provisions of this Section, | ||||||
| 11 | the Secretary shall not: | ||||||
| 12 | (1) issue an order against a State bank or any | ||||||
| 13 | subsidiary organized under this Act for unsafe or | ||||||
| 14 | unsound banking practices solely because the entity | ||||||
| 15 | provides or has provided financial services to a | ||||||
| 16 | cannabis-related legitimate business; | ||||||
| 17 | (2) prohibit, penalize, or otherwise discourage a | ||||||
| 18 | State bank or any subsidiary from providing financial | ||||||
| 19 | services to a cannabis-related legitimate business | ||||||
| 20 | solely because the entity provides or has provided | ||||||
| 21 | financial services to a cannabis-related legitimate | ||||||
| 22 | business; | ||||||
| 23 | (3) recommend, incentivize, or encourage a State | ||||||
| 24 | bank or any subsidiary not to offer financial services | ||||||
| 25 | to an account holder or to downgrade or cancel the | ||||||
| 26 | financial services offered to an account holder solely | ||||||
| |||||||
| |||||||
| 1 | because: | ||||||
| 2 | (A) the account holder is a manufacturer or | ||||||
| 3 | producer, or is the owner, operator, or employee of | ||||||
| 4 | a cannabis-related legitimate business; | ||||||
| 5 | (B) the account holder later becomes an owner | ||||||
| 6 | or operator of a cannabis-related legitimate | ||||||
| 7 | business; or | ||||||
| 8 | (C) the State bank or any subsidiary was not | ||||||
| 9 | aware that the account holder is the owner or | ||||||
| 10 | operator of a cannabis-related legitimate | ||||||
| 11 | business; and | ||||||
| 12 | (4) take any adverse or corrective supervisory | ||||||
| 13 | action on a loan made to an owner or operator of: | ||||||
| 14 | (A) a cannabis-related legitimate business | ||||||
| 15 | solely because the owner or operator owns or | ||||||
| 16 | operates a cannabis-related legitimate business; | ||||||
| 17 | or | ||||||
| 18 | (B) real estate or equipment that is leased to | ||||||
| 19 | a cannabis-related legitimate business solely | ||||||
| 20 | because the owner or operator of the real estate or | ||||||
| 21 | equipment leased the equipment or real estate to a | ||||||
| 22 | cannabis-related legitimate business. | ||||||
| 23 | (8) The Commissioner may impose civil penalties of up | ||||||
| 24 | to $100,000 against
any person for each violation of any | ||||||
| 25 | provision of this Act, any rule
promulgated in accordance | ||||||
| 26 | with this Act, any order of the Commissioner, or
any other | ||||||
| |||||||
| |||||||
| 1 | action which in the Commissioner's discretion is an unsafe | ||||||
| 2 | or
unsound banking practice.
| ||||||
| 3 | (9) The Commissioner may impose civil penalties of up | ||||||
| 4 | to $100
against any person for the first failure to comply | ||||||
| 5 | with reporting
requirements set forth in the report of | ||||||
| 6 | examination of the bank and up to
$200 for the second and | ||||||
| 7 | subsequent failures to comply with those reporting
| ||||||
| 8 | requirements.
| ||||||
| 9 | (10) All final administrative decisions of the | ||||||
| 10 | Commissioner hereunder
shall be subject to judicial review | ||||||
| 11 | pursuant to the provisions of the
Administrative Review | ||||||
| 12 | Law. For matters involving administrative review,
venue | ||||||
| 13 | shall be in either Sangamon County or Cook County.
| ||||||
| 14 | (11) The endowment fund for the Illinois Bank | ||||||
| 15 | Examiners' Education
Foundation shall be administered as | ||||||
| 16 | follows:
| ||||||
| 17 | (a) (Blank).
| ||||||
| 18 | (b) The Foundation is empowered to receive | ||||||
| 19 | voluntary contributions,
gifts, grants, bequests, and | ||||||
| 20 | donations on behalf of the Illinois Bank
Examiners' | ||||||
| 21 | Education Foundation from national banks and other | ||||||
| 22 | persons for
the purpose of funding the endowment of the | ||||||
| 23 | Illinois Bank Examiners'
Education Foundation.
| ||||||
| 24 | (c) The aggregate of all special educational fees | ||||||
| 25 | collected by the
Secretary and property received by the | ||||||
| 26 | Secretary on behalf of the
Illinois Bank Examiners' | ||||||
| |||||||
| |||||||
| 1 | Education Foundation under this subsection
(11) on or | ||||||
| 2 | after June 30, 1986, shall be either (i) promptly paid | ||||||
| 3 | after
receipt of the same, accompanied by a detailed | ||||||
| 4 | statement thereof, into the
State Treasury and shall be | ||||||
| 5 | set apart in a special fund to be known as "The
| ||||||
| 6 | Illinois Bank Examiners' Education Fund" to be | ||||||
| 7 | invested by either the
Treasurer of the State of | ||||||
| 8 | Illinois in the Public Treasurers' Investment
Pool or | ||||||
| 9 | in any other investment he is authorized to make or by | ||||||
| 10 | the Illinois
State Board of Investment as the State | ||||||
| 11 | Banking Board of Illinois may direct or (ii) deposited | ||||||
| 12 | into an account
maintained in a commercial bank or | ||||||
| 13 | corporate fiduciary in the name of the
Illinois Bank | ||||||
| 14 | Examiners' Education Foundation pursuant to the order | ||||||
| 15 | and
direction of the Board of Trustees of the Illinois | ||||||
| 16 | Bank Examiners' Education
Foundation.
| ||||||
| 17 | (12) (Blank).
| ||||||
| 18 | (13) The Secretary may borrow funds from the General | ||||||
| 19 | Revenue Fund on behalf of the Bank and Trust Company Fund | ||||||
| 20 | if the Director of Banking certifies to the Governor that | ||||||
| 21 | there is an economic emergency affecting banking that | ||||||
| 22 | requires a borrowing to provide additional funds to the | ||||||
| 23 | Bank and Trust Company Fund. The borrowed funds shall be | ||||||
| 24 | paid back within 3 years and shall not exceed the total | ||||||
| 25 | funding appropriated to the Agency in the previous year. | ||||||
| 26 | (14) In addition to the fees authorized in this Act, | ||||||
| |||||||
| |||||||
| 1 | the Secretary may assess reasonable receivership fees | ||||||
| 2 | against any State bank that does not maintain insurance | ||||||
| 3 | with the Federal Deposit Insurance Corporation. All fees | ||||||
| 4 | collected under this subsection (14) shall be paid into the | ||||||
| 5 | Non-insured Institutions Receivership account in the Bank | ||||||
| 6 | and Trust Company Fund, as established by the Secretary. | ||||||
| 7 | The fees assessed under this subsection (14) shall provide | ||||||
| 8 | for the expenses that arise from the administration of the | ||||||
| 9 | receivership of any such institution required to pay into | ||||||
| 10 | the Non-insured Institutions Receivership account, whether | ||||||
| 11 | pursuant to this Act, the Corporate Fiduciary Act, the | ||||||
| 12 | Foreign Banking Office Act, or any other Act that requires | ||||||
| 13 | payments into the Non-insured Institutions Receivership | ||||||
| 14 | account. The Secretary may establish by rule a reasonable | ||||||
| 15 | manner of assessing fees under this subsection (14). | ||||||
| 16 | (Source: P.A. 100-22, eff. 1-1-18; 101-27, eff. 6-25-19; | ||||||
| 17 | 101-275, eff. 8-9-19; revised 9-19-19.)
| ||||||
| 18 | Section 375. The Savings Bank Act is amended by changing | ||||||
| 19 | Section 1008 as follows:
| ||||||
| 20 | (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
| ||||||
| 21 | Sec. 1008. General corporate powers.
| ||||||
| 22 | (a) A savings bank operating under this Act shall be a body
| ||||||
| 23 | corporate and politic and shall have all of the powers
| ||||||
| 24 | conferred by this Act including, but not limited to, the | ||||||
| |||||||
| |||||||
| 1 | following powers:
| ||||||
| 2 | (1) To sue and be sued, complain, and defend in its | ||||||
| 3 | corporate
name and to have a common seal, which it may | ||||||
| 4 | alter or renew at
pleasure.
| ||||||
| 5 | (2) To obtain and maintain insurance
by a deposit | ||||||
| 6 | insurance corporation as defined in this Act.
| ||||||
| 7 | (3) To act as a fiscal agent for the United States, the | ||||||
| 8 | State
of Illinois or any department, branch, arm, or agency | ||||||
| 9 | of the State
or any unit of local government or school | ||||||
| 10 | district in the State,
when duly designated for that | ||||||
| 11 | purpose, and as agent to perform
reasonable functions as | ||||||
| 12 | may be required of it.
| ||||||
| 13 | (4) To become a member of or deal with any corporation | ||||||
| 14 | or
agency of the United States or the State of Illinois, to | ||||||
| 15 | the extent
that the agency assists in furthering or | ||||||
| 16 | facilitating its purposes
or powers and to that end to | ||||||
| 17 | purchase stock or securities thereof
or deposit money | ||||||
| 18 | therewith, and to comply with any other conditions
of | ||||||
| 19 | membership or credit.
| ||||||
| 20 | (5) To make donations in reasonable amounts for the | ||||||
| 21 | public welfare or for
charitable, scientific, religious, | ||||||
| 22 | or educational purposes.
| ||||||
| 23 | (6) To adopt and operate reasonable insurance, bonus, | ||||||
| 24 | profit sharing, and
retirement plans for officers and | ||||||
| 25 | employees and for directors including, but
not limited to, | ||||||
| 26 | advisory, honorary, and emeritus directors,
who are not | ||||||
| |||||||
| |||||||
| 1 | officers or employees.
| ||||||
| 2 | (7) To reject any application for membership; to retire | ||||||
| 3 | deposit accounts
by enforced retirement as provided in this | ||||||
| 4 | Act and the bylaws; and to limit the
issuance of, or | ||||||
| 5 | payments on, deposit accounts, subject, however, to | ||||||
| 6 | contractual
obligations.
| ||||||
| 7 | (8) To purchase stock or membership interests in | ||||||
| 8 | service corporations and to invest in any form of
| ||||||
| 9 | indebtedness of any service corporation as defined in this | ||||||
| 10 | Act, subject to
regulations of the Secretary.
| ||||||
| 11 | (9) To purchase stock of a corporation whose principal | ||||||
| 12 | purpose is to
operate a safe deposit company or escrow | ||||||
| 13 | service company.
| ||||||
| 14 | (10) To exercise all the powers necessary to qualify as | ||||||
| 15 | a trustee or
custodian under federal or State law, provided | ||||||
| 16 | that the authority to accept and
execute trusts is subject | ||||||
| 17 | to the provisions of the Corporate Fiduciary Act and
to the | ||||||
| 18 | supervision of those activities by the Secretary.
| ||||||
| 19 | (11) (Blank).
| ||||||
| 20 | (12) To establish, maintain, and operate terminals as | ||||||
| 21 | authorized by the
Electronic Fund Transfer Act.
| ||||||
| 22 | (13) To pledge its assets:
| ||||||
| 23 | (A) to enable it to act as agent for the sale of | ||||||
| 24 | obligations of the
United States;
| ||||||
| 25 | (B) to secure deposits;
| ||||||
| 26 | (C) to secure deposits of money whenever required | ||||||
| |||||||
| |||||||
| 1 | by the National
Bankruptcy Act;
| ||||||
| 2 | (D) (blank); and
| ||||||
| 3 | (E) to secure trust funds commingled with the | ||||||
| 4 | savings
bank's funds,
whether deposited by the savings | ||||||
| 5 | bank or an affiliate of the savings bank,
as required | ||||||
| 6 | under Section 2-8 of the Corporate Fiduciary Act.
| ||||||
| 7 | (14) To accept for payment at a future date not to | ||||||
| 8 | exceed one year
from the date of acceptance, drafts drawn | ||||||
| 9 | upon it by its customers; and to
issue, advise, or confirm | ||||||
| 10 | letters of credit authorizing holders thereof to
draw | ||||||
| 11 | drafts upon it or its correspondents.
| ||||||
| 12 | (15) Subject to the regulations of the Secretary, to | ||||||
| 13 | own and lease
personal property acquired by the savings | ||||||
| 14 | bank at the request of a
prospective lessee and, upon the | ||||||
| 15 | agreement of that person, to lease the
personal property.
| ||||||
| 16 | (16) To establish temporary service booths at any | ||||||
| 17 | International Fair
in this State that is approved by the | ||||||
| 18 | United States Department of Commerce
for the duration of | ||||||
| 19 | the international fair for the purpose of providing a
| ||||||
| 20 | convenient place for foreign trade customers to exchange | ||||||
| 21 | their home
countries' currency into United States currency | ||||||
| 22 | or the converse. To provide
temporary periodic service to | ||||||
| 23 | persons residing in a bona fide nursing home,
senior
| ||||||
| 24 | citizens' retirement home, or long-term care facility. | ||||||
| 25 | These powers shall not be construed as establishing a new | ||||||
| 26 | place or change of
location for the savings bank providing | ||||||
| |||||||
| |||||||
| 1 | the service booth.
| ||||||
| 2 | (17) To indemnify its officers, directors, employees, | ||||||
| 3 | and agents, as
authorized for corporations under Section | ||||||
| 4 | 8.75 of the Business Corporation Corporations
Act of 1983.
| ||||||
| 5 | (18) To provide data processing services to others on a | ||||||
| 6 | for-profit basis.
| ||||||
| 7 | (19) To utilize any electronic technology to provide | ||||||
| 8 | customers with
home banking services.
| ||||||
| 9 | (20) Subject to the regulations of the Secretary, to | ||||||
| 10 | enter into an
agreement to act as a surety.
| ||||||
| 11 | (21) Subject to the regulations of the Secretary, to | ||||||
| 12 | issue credit
cards, extend credit therewith, and otherwise | ||||||
| 13 | engage in or participate in
credit card operations.
| ||||||
| 14 | (22) To purchase for its own account shares of stock of | ||||||
| 15 | a bankers' bank,
described in Section 13(b)(1) of the | ||||||
| 16 | Illinois Banking Act, on the same terms
and conditions as a | ||||||
| 17 | bank may purchase such shares. In no event shall the total
| ||||||
| 18 | amount of such stock held by a savings bank in such
| ||||||
| 19 | bankers' bank exceed 10% of
its capital and surplus | ||||||
| 20 | (including undivided profits) and in no event shall a
| ||||||
| 21 | savings bank acquire more than 5% of any class of voting | ||||||
| 22 | securities of such
bankers' bank.
| ||||||
| 23 | (23) With respect to affiliate facilities:
| ||||||
| 24 | (A) to conduct at affiliate facilities any of the | ||||||
| 25 | following transactions
for
and on behalf of any | ||||||
| 26 | affiliated depository institution, if so authorized by
| ||||||
| |||||||
| |||||||
| 1 | the affiliate or affiliates: receiving deposits; | ||||||
| 2 | renewing deposits; cashing
and issuing checks, drafts, | ||||||
| 3 | money orders, travelers checks, or similar
| ||||||
| 4 | instruments; changing money; receiving payments on | ||||||
| 5 | existing indebtedness; and
conducting ministerial | ||||||
| 6 | functions with respect to loan applications, servicing
| ||||||
| 7 | loans, and providing loan account information; and
| ||||||
| 8 | (B) to authorize an affiliated depository | ||||||
| 9 | institution to conduct for and
on
behalf of it, any of | ||||||
| 10 | the transactions listed in this subsection at one or | ||||||
| 11 | more
affiliate facilities.
| ||||||
| 12 | A savings bank intending to conduct or to authorize an | ||||||
| 13 | affiliated
depository institution to conduct at an | ||||||
| 14 | affiliate facility any of the
transactions specified in | ||||||
| 15 | this subsection shall give written notice to the Secretary
| ||||||
| 16 | at least 30 days before any such transaction is conducted | ||||||
| 17 | at an
affiliate facility. All conduct under this subsection | ||||||
| 18 | shall be on terms
consistent with safe and sound banking | ||||||
| 19 | practices and applicable law.
| ||||||
| 20 | (24) Subject to Article XLIV of the Illinois Insurance | ||||||
| 21 | Code,
to act as the agent for any fire, life, or other | ||||||
| 22 | insurance company
authorized by the State of Illinois, by | ||||||
| 23 | soliciting and selling insurance and
collecting premiums | ||||||
| 24 | on policies issued by such company; and may receive for
| ||||||
| 25 | services so rendered such fees or commissions as may be | ||||||
| 26 | agreed upon between the
said savings bank and the insurance | ||||||
| |||||||
| |||||||
| 1 | company for which it may act as agent;
provided, however, | ||||||
| 2 | that no such savings bank shall in any case assume or
| ||||||
| 3 | guarantee the payment of any premium on insurance policies | ||||||
| 4 | issued through its
agency by its principal; and provided | ||||||
| 5 | further, that the savings bank shall not
guarantee the | ||||||
| 6 | truth of any statement made by an assured in filing his
| ||||||
| 7 | application for insurance.
| ||||||
| 8 | (25) To become a member of the Federal Home Loan
Bank
| ||||||
| 9 | and
to have the powers granted to a savings association | ||||||
| 10 | organized under the
Illinois Savings and Loan Act of 1985 | ||||||
| 11 | or the laws of the United States, subject
to regulations of | ||||||
| 12 | the Secretary.
| ||||||
| 13 | (26) To offer any product or service that is at the | ||||||
| 14 | time authorized or
permitted to a bank by applicable law, | ||||||
| 15 | but subject always to the same
limitations and restrictions | ||||||
| 16 | that are applicable to the bank for the product or
service | ||||||
| 17 | by such applicable law and subject to the applicable | ||||||
| 18 | provisions of the
Financial Institutions Insurance Sales | ||||||
| 19 | Law and rules of the Secretary.
| ||||||
| 20 | (b) If this Act or the regulations adopted under this Act | ||||||
| 21 | fail
to
provide specific guidance in matters of corporate
| ||||||
| 22 | governance, the provisions of the Business Corporation Act of | ||||||
| 23 | 1983 may be
used, or if the savings bank is a limited liability | ||||||
| 24 | company, the provisions
of the Limited Liability Company Act | ||||||
| 25 | shall be used.
| ||||||
| 26 | (c) A savings bank may be organized as a limited liability | ||||||
| |||||||
| |||||||
| 1 | company, may
convert to a limited liability company, or may | ||||||
| 2 | merge with and into a limited
liability company, under the | ||||||
| 3 | applicable laws of this State and of the United
States, | ||||||
| 4 | including any rules promulgated thereunder. A savings bank | ||||||
| 5 | organized as
a limited liability company shall
be subject to | ||||||
| 6 | the provisions of the Limited Liability Company Act in addition
| ||||||
| 7 | to this Act, provided that if a provision of the Limited | ||||||
| 8 | Liability
Company Act conflicts with a provision of this Act or | ||||||
| 9 | with any rule of the Secretary, the provision of this Act or | ||||||
| 10 | the rule of the Secretary shall
apply.
| ||||||
| 11 | Any filing required to be made under the Limited Liability | ||||||
| 12 | Company Act shall
be made exclusively with the Secretary, and | ||||||
| 13 | the Secretary shall possess
the exclusive authority to regulate | ||||||
| 14 | the savings bank as provided in this Act.
| ||||||
| 15 | Any organization as, conversion to, and merger with or into | ||||||
| 16 | a limited
liability company shall be subject to the prior | ||||||
| 17 | approval of the Secretary.
| ||||||
| 18 | A savings bank that is a limited liability company shall be | ||||||
| 19 | subject to all of
the provisions of this Act in the same manner | ||||||
| 20 | as a savings bank that is
organized in stock form.
| ||||||
| 21 | The Secretary may promulgate rules to ensure that a savings | ||||||
| 22 | bank that is a
limited liability company (i) is operating in a | ||||||
| 23 | safe and sound manner and (ii)
is subject to the Secretary's | ||||||
| 24 | authority in the same manner as a savings bank
that is | ||||||
| 25 | organized in stock form.
| ||||||
| 26 | (Source: P.A. 97-492, eff. 1-1-12; revised 8-23-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 380. The Illinois Credit Union Act is amended by | ||||||
| 2 | changing Sections 9 and 46 as follows:
| ||||||
| 3 | (205 ILCS 305/9) (from Ch. 17, par. 4410)
| ||||||
| 4 | Sec. 9. Reports and examinations.
| ||||||
| 5 | (1) Credit unions shall report to
the Department on forms | ||||||
| 6 | supplied by the Department, in accordance with a
schedule | ||||||
| 7 | published by the Department. A recapitulation of the annual | ||||||
| 8 | reports
shall be compiled and published annually by the | ||||||
| 9 | Department, for the use
of the General Assembly, credit unions, | ||||||
| 10 | various educational institutions
and other interested parties. | ||||||
| 11 | A credit union which fails to file any report
when due shall | ||||||
| 12 | pay to the Department a late filing fee for each
day the report | ||||||
| 13 | is overdue as prescribed by rule. The Secretary may extend
the | ||||||
| 14 | time for filing a
report.
| ||||||
| 15 | (2) The Secretary may require special examinations of and | ||||||
| 16 | special
financial reports from a credit union or a credit
union | ||||||
| 17 | organization in which a credit union loans, invests, or | ||||||
| 18 | delegates
substantially all
managerial duties and | ||||||
| 19 | responsibilities when he determines that such
examinations
and | ||||||
| 20 | reports are necessary to enable the Department
to determine the | ||||||
| 21 | safety of a credit union's operation or its solvency.
The cost | ||||||
| 22 | to the Department of the aforesaid special examinations shall | ||||||
| 23 | be
borne by the credit union being examined as prescribed by | ||||||
| 24 | rule.
| ||||||
| |||||||
| |||||||
| 1 | (3) All credit unions incorporated under this Act shall be | ||||||
| 2 | examined at
least biennially by the Department or, at the | ||||||
| 3 | discretion of
the Secretary,
by a public accountant registered | ||||||
| 4 | by the Department of Financial and Professional
Regulation. The | ||||||
| 5 | costs of an examination shall be paid by the
credit union. The | ||||||
| 6 | scope of all examinations by a public accountant shall
be at | ||||||
| 7 | least equal to the examinations made by the Department. The | ||||||
| 8 | examiners
shall have full access to, and may compel the | ||||||
| 9 | production of, all the books,
papers, securities and accounts | ||||||
| 10 | of any credit union. A special examination
shall be made by the | ||||||
| 11 | Department or by a public accountant approved by the
Department | ||||||
| 12 | upon written request of 5 or more members, who guarantee the
| ||||||
| 13 | expense of the same. Any credit union refusing to submit to an | ||||||
| 14 | examination
when ordered by the Department shall be reported to | ||||||
| 15 | the Attorney General,
who shall institute proceedings to have | ||||||
| 16 | its charter revoked. If the Secretary
determines that the | ||||||
| 17 | examination of a credit
union is to be
conducted by a public | ||||||
| 18 | accountant registered by the Department of Financial and
| ||||||
| 19 | Professional Regulation and the examination is
done in | ||||||
| 20 | conjunction
with the credit union's external independent audit | ||||||
| 21 | of financial
statements, the requirements of this Section and | ||||||
| 22 | subsection (3) of Section
34 shall be deemed met.
| ||||||
| 23 | (3.5) Pursuant to Section 8, the Secretary shall adopt | ||||||
| 24 | rules that ensure consistency and due process in the | ||||||
| 25 | examination process. The Secretary may also establish | ||||||
| 26 | guidelines that (i) define the scope of the examination process | ||||||
| |||||||
| |||||||
| 1 | and (ii) clarify examination items to be resolved. The rules, | ||||||
| 2 | formal guidance, interpretive interpretative letters, or | ||||||
| 3 | opinions furnished to credit unions by the Secretary may be | ||||||
| 4 | relied upon by the credit unions. | ||||||
| 5 | (4) A copy of the completed report of examination and a | ||||||
| 6 | review comment
letter, if any, citing exceptions revealed | ||||||
| 7 | during the examination, shall
be submitted to the credit union | ||||||
| 8 | by the Department. A detailed report stating
the corrective | ||||||
| 9 | actions taken by the board of directors on each exception
set | ||||||
| 10 | forth in the review comment letter shall be filed with the | ||||||
| 11 | Department
within 40 days after the date of the review comment | ||||||
| 12 | letter, or as otherwise
directed by the Department. Any credit | ||||||
| 13 | union through its officers, directors,
committee members or | ||||||
| 14 | employees, which willfully provides fraudulent or
misleading | ||||||
| 15 | information regarding the corrective actions taken on | ||||||
| 16 | exceptions
appearing in a review comment letter may have its | ||||||
| 17 | operations restricted to
the collection of principal and | ||||||
| 18 | interest on loans outstanding and the
payment of normal | ||||||
| 19 | expenses and salaries until all exceptions are corrected
and | ||||||
| 20 | accepted by the Department.
| ||||||
| 21 | (Source: P.A. 97-133, eff. 1-1-12; 98-784, eff. 7-24-14; | ||||||
| 22 | revised 8-23-19.)
| ||||||
| 23 | (205 ILCS 305/46) (from Ch. 17, par. 4447)
| ||||||
| 24 | Sec. 46. Loans and interest rate.
| ||||||
| 25 | (1) A credit union may make loans
to its members for such | ||||||
| |||||||
| |||||||
| 1 | purpose and upon such security and terms, including
rates of | ||||||
| 2 | interest, as the credit committee, credit manager, or loan | ||||||
| 3 | officer
approves.
Notwithstanding the provisions of any other | ||||||
| 4 | law in connection with extensions
of credit, a credit union may | ||||||
| 5 | elect to
contract for and receive interest and fees and other | ||||||
| 6 | charges for extensions of
credit subject only to the provisions | ||||||
| 7 | of this Act and rules promulgated under
this Act, except that | ||||||
| 8 | extensions of credit secured by residential real estate
shall | ||||||
| 9 | be subject to the laws applicable thereto.
The rates of | ||||||
| 10 | interest to be charged on loans to members shall be
set by the | ||||||
| 11 | board of directors of each individual credit union in | ||||||
| 12 | accordance with Section 30 of this Act and such
rates may be | ||||||
| 13 | less than, but may not exceed, the maximum rate set forth in
| ||||||
| 14 | this Section. A borrower may repay his loan prior to maturity, | ||||||
| 15 | in whole or
in part, without penalty. A prepayment penalty does | ||||||
| 16 | not include a waived, bona fide third-party charge that the | ||||||
| 17 | credit union imposes if the borrower prepays all of the | ||||||
| 18 | transaction's principal sooner than 36 months after | ||||||
| 19 | consummation of a closed-end credit transaction, a waived, bona | ||||||
| 20 | fide third-party charge that the credit union imposes if the | ||||||
| 21 | borrower terminates an open-end credit plan sooner than 36 | ||||||
| 22 | months after account opening, or a yield maintenance fee | ||||||
| 23 | imposed on a business loan transaction. The credit contract may | ||||||
| 24 | provide for the payment
by the member and receipt by the credit | ||||||
| 25 | union of all costs and
disbursements, including reasonable | ||||||
| 26 | attorney's fees and collection agency
charges, incurred by the | ||||||
| |||||||
| |||||||
| 1 | credit union to collect or enforce the debt in the
event of a | ||||||
| 2 | delinquency by the member, or in the event of a breach of any
| ||||||
| 3 | obligation of the member under the credit contract. A | ||||||
| 4 | contingency or
hourly arrangement established under an | ||||||
| 5 | agreement entered into by a credit
union with an attorney or | ||||||
| 6 | collection agency to collect a loan of a member
in default | ||||||
| 7 | shall be presumed prima facie reasonable.
| ||||||
| 8 | (2) Credit unions may make loans based upon the security of | ||||||
| 9 | any
interest or equity in real estate, subject to rules and | ||||||
| 10 | regulations
promulgated by the Secretary. In any contract or | ||||||
| 11 | loan which
is secured by a mortgage, deed of
trust, or | ||||||
| 12 | conveyance in the nature of a mortgage, on residential real
| ||||||
| 13 | estate, the interest which is computed, calculated, charged, or | ||||||
| 14 | collected
pursuant to such contract or loan, or pursuant to any | ||||||
| 15 | regulation or rule
promulgated pursuant to this Act, may not be | ||||||
| 16 | computed, calculated, charged
or collected for any period of | ||||||
| 17 | time occurring after the date on which the
total indebtedness, | ||||||
| 18 | with the exception of late payment penalties, is paid
in full.
| ||||||
| 19 | For purposes of this subsection (2) of this Section 46, a | ||||||
| 20 | prepayment
shall mean the payment of the total indebtedness, | ||||||
| 21 | with the exception of
late payment penalties if incurred or | ||||||
| 22 | charged, on any date before the date
specified in the contract | ||||||
| 23 | or loan agreement on which the total indebtedness
shall be paid | ||||||
| 24 | in full, or before the date on which all payments, if timely
| ||||||
| 25 | made, shall have been made. In the event of a prepayment of the
| ||||||
| 26 | indebtedness which is made on a date
after the date on which | ||||||
| |||||||
| |||||||
| 1 | interest on the indebtedness was last computed,
calculated, | ||||||
| 2 | charged, or collected but before the next date on which | ||||||
| 3 | interest
on the indebtedness was to be calculated, computed, | ||||||
| 4 | charged, or collected,
the lender may calculate, charge and | ||||||
| 5 | collect interest on the indebtedness
for the period which | ||||||
| 6 | elapsed between the date on which the prepayment is
made and | ||||||
| 7 | the date on which interest on the indebtedness was last | ||||||
| 8 | computed,
calculated, charged or collected at a rate equal to | ||||||
| 9 | 1/360 of the annual
rate for each day which so elapsed, which | ||||||
| 10 | rate shall be applied to the
indebtedness outstanding as of the | ||||||
| 11 | date of prepayment. The lender shall
refund to the borrower any | ||||||
| 12 | interest charged or collected which exceeds that
which the | ||||||
| 13 | lender may charge or collect pursuant to the preceding | ||||||
| 14 | sentence.
| ||||||
| 15 | (3) (Blank).
| ||||||
| 16 | (4) Notwithstanding any other provisions of this Act, a | ||||||
| 17 | credit union
authorized under this Act to make loans secured by | ||||||
| 18 | an interest or equity
in real property may engage in making | ||||||
| 19 | revolving credit loans secured by
mortgages or deeds of trust | ||||||
| 20 | on such real property or by security
assignments of beneficial | ||||||
| 21 | interests in land trusts.
| ||||||
| 22 | For purposes of this Section, "revolving credit" has the | ||||||
| 23 | meaning defined
in Section 4.1 of the Interest Act.
| ||||||
| 24 | Any mortgage or deed of trust given to secure a revolving | ||||||
| 25 | credit loan may,
and when so expressed therein shall, secure | ||||||
| 26 | not only the existing indebtedness
but also such future | ||||||
| |||||||
| |||||||
| 1 | advances, whether such advances are obligatory or to
be made at | ||||||
| 2 | the option of the lender, or otherwise, as are made within 20 | ||||||
| 3 | twenty
years from the date thereof, to the same extent as if | ||||||
| 4 | such future advances
were made on the date of the execution of | ||||||
| 5 | such mortgage or deed of trust,
although there may be no | ||||||
| 6 | advance made at the time of execution of such mortgage
or other | ||||||
| 7 | instrument, and although there may be no indebtedness | ||||||
| 8 | outstanding
at the time any advance is made. The lien of such | ||||||
| 9 | mortgage or deed of trust,
as to third persons
without actual | ||||||
| 10 | notice thereof, shall be valid as to all such indebtedness
and | ||||||
| 11 | future advances from form the time said mortgage or deed of | ||||||
| 12 | trust is filed
for record in the office of the recorder of | ||||||
| 13 | deeds or the registrar of titles
of the county where the real | ||||||
| 14 | property described therein is located. The
total amount of | ||||||
| 15 | indebtedness that may be so secured may increase or decrease
| ||||||
| 16 | from time to time, but the total unpaid balance so secured at | ||||||
| 17 | any one time
shall not exceed a maximum principal amount which | ||||||
| 18 | must be specified in such
mortgage or deed of trust, plus | ||||||
| 19 | interest thereon, and any disbursements
made for the payment of | ||||||
| 20 | taxes, special assessments, or insurance on said
real property, | ||||||
| 21 | with interest on such disbursements.
| ||||||
| 22 | Any such mortgage or deed of trust shall be valid and have | ||||||
| 23 | priority over
all subsequent liens and encumbrances, including | ||||||
| 24 | statutory liens, except
taxes and assessments levied on said | ||||||
| 25 | real property.
| ||||||
| 26 | (4-5) For purposes of this Section, "real estate" and "real | ||||||
| |||||||
| |||||||
| 1 | property" include a manufactured home as defined in subdivision | ||||||
| 2 | (53) of Section 9-102 of the Uniform Commercial Code which is | ||||||
| 3 | real property as defined in Section 5-35 of the Conveyance and | ||||||
| 4 | Encumbrance of Manufactured Homes as Real Property and | ||||||
| 5 | Severance Act. | ||||||
| 6 | (5) Compliance with federal or Illinois preemptive laws or | ||||||
| 7 | regulations
governing loans made by a credit union chartered | ||||||
| 8 | under this Act shall
constitute compliance with this Act.
| ||||||
| 9 | (6) Credit unions may make residential real estate mortgage | ||||||
| 10 | loans on terms and conditions established by the United States | ||||||
| 11 | Department of Agriculture through its Rural Development | ||||||
| 12 | Housing and Community Facilities Program. The portion of any | ||||||
| 13 | loan in excess of the appraised value of the real estate shall | ||||||
| 14 | be allocable only to the guarantee fee required under the | ||||||
| 15 | program. | ||||||
| 16 | (7) For a renewal, refinancing, or restructuring of an | ||||||
| 17 | existing loan at the credit union that is secured by an | ||||||
| 18 | interest or equity in real estate, a new appraisal of the | ||||||
| 19 | collateral shall not be required when (i) no new moneys are | ||||||
| 20 | advanced other than funds necessary to cover reasonable closing | ||||||
| 21 | costs, or (ii) there has been no obvious or material change in | ||||||
| 22 | market conditions or physical aspects of the real estate that | ||||||
| 23 | threatens the adequacy of the credit union's real estate | ||||||
| 24 | collateral protection after the transaction, even with the | ||||||
| 25 | advancement of new moneys. The Department reserves the right to | ||||||
| 26 | require an appraisal under this subsection (7) whenever the | ||||||
| |||||||
| |||||||
| 1 | Department believes it is necessary to address safety and | ||||||
| 2 | soundness concerns. | ||||||
| 3 | (Source: P.A. 99-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, | ||||||
| 4 | eff. 1-1-16; 99-614, eff. 7-22-16; 99-642, eff. 7-28-16; | ||||||
| 5 | 100-201, eff. 8-18-17; revised 8-23-19.)
| ||||||
| 6 | Section 385. The Community Living Facilities Licensing Act | ||||||
| 7 | is amended by changing Section 5.5 as follows:
| ||||||
| 8 | (210 ILCS 35/5.5) | ||||||
| 9 | Sec. 5.5. Closed captioning required. A Community Living | ||||||
| 10 | Facility licensed under this Act must make reasonable efforts | ||||||
| 11 | to have activated at all times the closed captioning feature on | ||||||
| 12 | a television in a common area provided for use by the general | ||||||
| 13 | public or in a resident's room, or enable the closed captioning | ||||||
| 14 | feature when requested to do so by a member of the general | ||||||
| 15 | public or a resident, if the television includes a closed | ||||||
| 16 | captioning feature. | ||||||
| 17 | It is not a violation of this Section if the closed | ||||||
| 18 | captioning feature is deactivated by a member of the Community | ||||||
| 19 | Living Facility's staff after such feature is enabled in a | ||||||
| 20 | common area or in a resident's room unless the deactivation of | ||||||
| 21 | the closed captioning feature is knowing or intentional. It is | ||||||
| 22 | not a violation of this Section if the closed captioning | ||||||
| 23 | feature is deactivated by a member of the general public, a | ||||||
| 24 | resident, or a member of the a Community Living Facility's | ||||||
| |||||||
| |||||||
| 1 | staff at the request of a resident of the Community Living | ||||||
| 2 | Facility licensed under this Act. | ||||||
| 3 | If a Community Living Facility licensed under this Act does | ||||||
| 4 | not have a television in a common area that includes a closed | ||||||
| 5 | captioning feature, then the Community Living Facility | ||||||
| 6 | licensed under this Act must ensure that all televisions | ||||||
| 7 | obtained for common areas after January 1, 2020 (the effective | ||||||
| 8 | date of Public Act 101-116) this amendatory Act of the 101st | ||||||
| 9 | General Assembly include a closed captioning feature. This | ||||||
| 10 | Section does not affect any other provision of law relating to | ||||||
| 11 | disability discrimination or providing reasonable | ||||||
| 12 | accommodations or diminish the rights of a person with a | ||||||
| 13 | disability under any other law. Nothing in this Section shall | ||||||
| 14 | apply to televisions that are privately owned by a resident or | ||||||
| 15 | third party and not owned by the Community Living Facility. | ||||||
| 16 | As used in this Section, "closed captioning" means a text | ||||||
| 17 | display of spoken words presented on a television that allows a | ||||||
| 18 | deaf or hard of hearing viewer to follow the dialogue and the | ||||||
| 19 | action of a program simultaneously.
| ||||||
| 20 | (Source: P.A. 101-116, eff. 1-1-20; revised 9-26-19.)
| ||||||
| 21 | Section 390. The Specialized Mental Health Rehabilitation | ||||||
| 22 | Act of 2013 is amended by changing Section 2-101 as follows:
| ||||||
| 23 | (210 ILCS 49/2-101)
| ||||||
| 24 | Sec. 2-101. Standards for facilities. | ||||||
| |||||||
| |||||||
| 1 | (a) The Department shall, by rule, prescribe minimum | ||||||
| 2 | standards for each level of care for facilities to be in place | ||||||
| 3 | during the provisional licensure period and thereafter. These | ||||||
| 4 | standards shall include, but are not limited to, the following:
| ||||||
| 5 | (1) life safety standards that will ensure the health, | ||||||
| 6 | safety and welfare of residents and their protection from | ||||||
| 7 | hazards;
| ||||||
| 8 | (2) number and qualifications of all personnel, | ||||||
| 9 | including management and clinical personnel, having | ||||||
| 10 | responsibility for any part of the care given to consumers; | ||||||
| 11 | specifically, the Department shall establish staffing | ||||||
| 12 | ratios for facilities which shall specify the number of | ||||||
| 13 | staff hours per consumer of care that are needed for each | ||||||
| 14 | level of care offered within the facility;
| ||||||
| 15 | (3) all sanitary conditions within the facility and its | ||||||
| 16 | surroundings, including water supply, sewage disposal, | ||||||
| 17 | food handling, and general hygiene which shall ensure the | ||||||
| 18 | health and comfort of consumers;
| ||||||
| 19 | (4) a program for adequate maintenance of physical | ||||||
| 20 | plant and equipment;
| ||||||
| 21 | (5) adequate accommodations, staff, and services for | ||||||
| 22 | the number and types of services being offered to consumers | ||||||
| 23 | for whom the facility is licensed to care; | ||||||
| 24 | (6) development of evacuation and other appropriate | ||||||
| 25 | safety plans for use during weather, health, fire, physical | ||||||
| 26 | plant, environmental, and national defense emergencies; | ||||||
| |||||||
| |||||||
| 1 | (7) maintenance of minimum financial or other | ||||||
| 2 | resources necessary to meet the standards established | ||||||
| 3 | under this Section, and to operate and conduct the facility | ||||||
| 4 | in accordance with this Act; and | ||||||
| 5 | (8) standards for coercive free environment, | ||||||
| 6 | restraint, and therapeutic separation; and . | ||||||
| 7 | (9) each multiple bedroom shall have at least 55 square | ||||||
| 8 | feet of net floor area per consumer, not including space | ||||||
| 9 | for closets, bathrooms, and clearly defined entryway | ||||||
| 10 | areas. A minimum of 3 feet of clearance at the foot and one | ||||||
| 11 | side of each bed shall be provided.
| ||||||
| 12 | (b) Any requirement contained in administrative rule | ||||||
| 13 | concerning a percentage of single occupancy rooms shall be | ||||||
| 14 | calculated based on the total number of licensed or | ||||||
| 15 | provisionally licensed beds under this Act on January 1, 2019 | ||||||
| 16 | and shall not be calculated on a per-facility basis. | ||||||
| 17 | (Source: P.A. 100-1181, eff. 3-8-19; 101-10, eff. 6-5-19; | ||||||
| 18 | revised 7-17-19.)
| ||||||
| 19 | Section 395. The Emergency Medical Services (EMS) Systems | ||||||
| 20 | Act is amended by changing Sections 3.50, 3.233, and 32.5 as | ||||||
| 21 | follows:
| ||||||
| 22 | (210 ILCS 50/3.50)
| ||||||
| 23 | Sec. 3.50. Emergency Medical Services personnel licensure | ||||||
| 24 | levels.
| ||||||
| |||||||
| |||||||
| 1 | (a) "Emergency Medical Technician" or
"EMT" means a person | ||||||
| 2 | who has successfully completed a course in basic life support
| ||||||
| 3 | as approved by the
Department, is currently licensed by the | ||||||
| 4 | Department in
accordance with standards prescribed by this Act | ||||||
| 5 | and rules
adopted by the Department pursuant to this Act, and | ||||||
| 6 | practices within an EMS
System. A valid Emergency Medical | ||||||
| 7 | Technician-Basic (EMT-B) license issued under this Act shall | ||||||
| 8 | continue to be valid and shall be recognized as an Emergency | ||||||
| 9 | Medical Technician (EMT) license until the Emergency Medical | ||||||
| 10 | Technician-Basic (EMT-B) license expires.
| ||||||
| 11 | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||||||
| 12 | means a person who has successfully completed a
course in | ||||||
| 13 | intermediate life support
as approved
by the Department, is | ||||||
| 14 | currently licensed by the
Department in accordance with | ||||||
| 15 | standards prescribed by this
Act and rules adopted by the | ||||||
| 16 | Department pursuant to this
Act, and practices within an | ||||||
| 17 | Intermediate or Advanced
Life Support EMS System.
| ||||||
| 18 | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||||||
| 19 | means a person who has successfully completed a course in basic | ||||||
| 20 | and limited advanced emergency medical care as approved by the | ||||||
| 21 | Department, is currently licensed by the Department in | ||||||
| 22 | accordance with standards prescribed by this Act and rules | ||||||
| 23 | adopted by the Department pursuant to this Act, and practices | ||||||
| 24 | within an Intermediate or Advanced Life Support EMS System. | ||||||
| 25 | (c) "Paramedic (EMT-P)" means a person who
has successfully | ||||||
| 26 | completed a
course in advanced life support care
as approved
by | ||||||
| |||||||
| |||||||
| 1 | the Department, is licensed by the Department
in accordance | ||||||
| 2 | with standards prescribed by this Act and
rules adopted by the | ||||||
| 3 | Department pursuant to this Act, and
practices within an | ||||||
| 4 | Advanced Life Support EMS System. A valid Emergency Medical | ||||||
| 5 | Technician-Paramedic (EMT-P) license issued under this Act | ||||||
| 6 | shall continue to be valid and shall be recognized as a | ||||||
| 7 | Paramedic license until the Emergency Medical | ||||||
| 8 | Technician-Paramedic (EMT-P) license expires.
| ||||||
| 9 | (c-5) "Emergency Medical Responder" or "EMR (First | ||||||
| 10 | Responder)" means a person who has successfully completed a | ||||||
| 11 | course in emergency medical response as approved by the | ||||||
| 12 | Department and provides emergency medical response services | ||||||
| 13 | prior to the arrival of an ambulance or specialized emergency | ||||||
| 14 | medical services vehicle, in accordance with the level of care | ||||||
| 15 | established by the National EMS Educational Standards | ||||||
| 16 | Emergency Medical Responder course as modified by the | ||||||
| 17 | Department. An Emergency Medical Responder who provides | ||||||
| 18 | services as part of an EMS System response plan shall comply | ||||||
| 19 | with the applicable sections of the Program Plan, as approved | ||||||
| 20 | by the Department, of that EMS System. The Department shall | ||||||
| 21 | have the authority to adopt rules governing the curriculum, | ||||||
| 22 | practice, and necessary equipment applicable to Emergency | ||||||
| 23 | Medical Responders. | ||||||
| 24 | On August 15, 2014 (the effective date of Public Act | ||||||
| 25 | 98-973), a person who is licensed by the Department as a First | ||||||
| 26 | Responder and has completed a Department-approved course in | ||||||
| |||||||
| |||||||
| 1 | first responder defibrillator training based on, or equivalent | ||||||
| 2 | to, the National EMS Educational Standards or other standards | ||||||
| 3 | previously recognized by the Department shall be eligible for | ||||||
| 4 | licensure as an Emergency Medical Responder upon meeting the | ||||||
| 5 | licensure requirements and submitting an application to the | ||||||
| 6 | Department. A valid First Responder license issued under this | ||||||
| 7 | Act shall continue to be valid and shall be recognized as an | ||||||
| 8 | Emergency Medical Responder license until the First Responder | ||||||
| 9 | license expires. | ||||||
| 10 | (c-10) All EMS Systems and licensees shall be fully | ||||||
| 11 | compliant with the National EMS Education Standards, as | ||||||
| 12 | modified by the Department in administrative rules, within 24 | ||||||
| 13 | months after the adoption of the administrative rules. | ||||||
| 14 | (d) The Department shall have the authority and
| ||||||
| 15 | responsibility to:
| ||||||
| 16 | (1) Prescribe education and training requirements, | ||||||
| 17 | which
includes training in the use of epinephrine,
for all | ||||||
| 18 | levels of EMS personnel except for EMRs, based on the | ||||||
| 19 | National EMS Educational Standards
and any modifications | ||||||
| 20 | to those curricula specified by the
Department through | ||||||
| 21 | rules adopted pursuant to this Act.
| ||||||
| 22 | (2) Prescribe licensure testing requirements
for all | ||||||
| 23 | levels of EMS personnel, which shall include a requirement | ||||||
| 24 | that
all phases of instruction, training, and field | ||||||
| 25 | experience be
completed before taking the appropriate | ||||||
| 26 | licensure examination.
Candidates may elect to take the | ||||||
| |||||||
| |||||||
| 1 | appropriate National Registry examination in lieu of the
| ||||||
| 2 | Department's examination, but are responsible for making
| ||||||
| 3 | their own arrangements for taking the National Registry
| ||||||
| 4 | examination. In prescribing licensure testing requirements | ||||||
| 5 | for honorably discharged members of the armed forces of the | ||||||
| 6 | United States under this paragraph (2), the Department | ||||||
| 7 | shall ensure that a candidate's military emergency medical | ||||||
| 8 | training, emergency medical curriculum completed, and | ||||||
| 9 | clinical experience, as described in paragraph (2.5), are | ||||||
| 10 | recognized.
| ||||||
| 11 | (2.5) Review applications for EMS personnel licensure | ||||||
| 12 | from
honorably discharged members of the armed forces of | ||||||
| 13 | the United States with military emergency medical | ||||||
| 14 | training. Applications shall be filed with the Department | ||||||
| 15 | within one year after military discharge and shall contain: | ||||||
| 16 | (i) proof of successful completion of military emergency | ||||||
| 17 | medical training; (ii) a detailed description of the | ||||||
| 18 | emergency medical curriculum completed; and (iii) a | ||||||
| 19 | detailed description of the applicant's clinical | ||||||
| 20 | experience. The Department may request additional and | ||||||
| 21 | clarifying information. The Department shall evaluate the | ||||||
| 22 | application, including the applicant's training and | ||||||
| 23 | experience, consistent with the standards set forth under | ||||||
| 24 | subsections (a), (b), (c), and (d) of Section 3.10. If the | ||||||
| 25 | application clearly demonstrates that the training and | ||||||
| 26 | experience meet such standards, the Department shall offer | ||||||
| |||||||
| |||||||
| 1 | the applicant the opportunity to successfully complete a | ||||||
| 2 | Department-approved EMS personnel examination for the | ||||||
| 3 | level of license for which the applicant is qualified. Upon | ||||||
| 4 | passage of an examination, the Department shall issue a | ||||||
| 5 | license, which shall be subject to all provisions of this | ||||||
| 6 | Act that are otherwise applicable to the level of EMS | ||||||
| 7 | personnel
license issued. | ||||||
| 8 | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||||||
| 9 | or Paramedic who have met the Department's education, | ||||||
| 10 | training and
examination requirements.
| ||||||
| 11 | (4) Prescribe annual continuing education and
| ||||||
| 12 | relicensure requirements for all EMS personnel licensure
| ||||||
| 13 | levels.
| ||||||
| 14 | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||||||
| 15 | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, | ||||||
| 16 | based on their compliance with
continuing education and | ||||||
| 17 | relicensure requirements as required by the Department | ||||||
| 18 | pursuant to this Act. Every 4 years, a Paramedic shall have | ||||||
| 19 | 100 hours of approved continuing education, an EMT-I and an | ||||||
| 20 | advanced EMT shall have 80 hours of approved continuing | ||||||
| 21 | education, and an EMT shall have 60 hours of approved | ||||||
| 22 | continuing education. An Illinois licensed EMR, EMD, EMT, | ||||||
| 23 | EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose | ||||||
| 24 | license has been expired for less than 36 months may apply | ||||||
| 25 | for reinstatement by the Department. Reinstatement shall | ||||||
| 26 | require that the applicant (i) submit satisfactory proof of | ||||||
| |||||||
| |||||||
| 1 | completion of continuing medical education and clinical | ||||||
| 2 | requirements to be prescribed by the Department in an | ||||||
| 3 | administrative rule; (ii) submit a positive recommendation | ||||||
| 4 | from an Illinois EMS Medical Director attesting to the | ||||||
| 5 | applicant's qualifications for retesting; and (iii) pass a | ||||||
| 6 | Department approved test for the level of EMS personnel | ||||||
| 7 | license sought to be reinstated.
| ||||||
| 8 | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||||||
| 9 | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
| ||||||
| 10 | qualifies, based on standards and procedures established | ||||||
| 11 | by
the Department in rules adopted pursuant to this Act.
| ||||||
| 12 | (7) Charge a fee for EMS personnel examination, | ||||||
| 13 | licensure, and license renewal.
| ||||||
| 14 | (8) Suspend, revoke, or refuse to issue or renew the
| ||||||
| 15 | license of any licensee, after an opportunity for an | ||||||
| 16 | impartial hearing before a neutral administrative law | ||||||
| 17 | judge appointed by the Director, where the preponderance of | ||||||
| 18 | the evidence shows one or more of the following:
| ||||||
| 19 | (A) The licensee has not met continuing
education | ||||||
| 20 | or relicensure requirements as prescribed by the | ||||||
| 21 | Department;
| ||||||
| 22 | (B) The licensee has failed to maintain
| ||||||
| 23 | proficiency in the level of skills for which he or she | ||||||
| 24 | is licensed;
| ||||||
| 25 | (C) The licensee, during the provision of
medical | ||||||
| 26 | services, engaged in dishonorable, unethical, or
| ||||||
| |||||||
| |||||||
| 1 | unprofessional conduct of a character likely to | ||||||
| 2 | deceive,
defraud, or harm the public;
| ||||||
| 3 | (D) The licensee has failed to maintain or
has | ||||||
| 4 | violated standards of performance and conduct as | ||||||
| 5 | prescribed
by the Department in rules adopted pursuant | ||||||
| 6 | to this Act or
his or her EMS System's Program Plan;
| ||||||
| 7 | (E) The licensee is physically impaired to
the | ||||||
| 8 | extent that he or she cannot physically perform the | ||||||
| 9 | skills and
functions for which he or she is licensed, | ||||||
| 10 | as verified by a
physician, unless the person is on | ||||||
| 11 | inactive status pursuant
to Department regulations;
| ||||||
| 12 | (F) The licensee is mentally impaired to the
extent | ||||||
| 13 | that he or she cannot exercise the appropriate | ||||||
| 14 | judgment,
skill and safety for performing the | ||||||
| 15 | functions for which he
or she is licensed, as verified | ||||||
| 16 | by a physician, unless the person
is on inactive status | ||||||
| 17 | pursuant to Department regulations;
| ||||||
| 18 | (G) The licensee has violated this Act or any
rule | ||||||
| 19 | adopted by the Department pursuant to this Act; or | ||||||
| 20 | (H) The licensee has been convicted (or entered a | ||||||
| 21 | plea of guilty or nolo contendere nolo-contendere) by a | ||||||
| 22 | court of competent jurisdiction of a Class X, Class 1, | ||||||
| 23 | or Class 2 felony in this State or an out-of-state | ||||||
| 24 | equivalent offense. | ||||||
| 25 | (9) Prescribe education and training requirements in | ||||||
| 26 | the administration and use of opioid antagonists for all | ||||||
| |||||||
| |||||||
| 1 | levels of EMS personnel based on the National EMS | ||||||
| 2 | Educational Standards and any modifications to those | ||||||
| 3 | curricula specified by the Department through rules | ||||||
| 4 | adopted pursuant to this Act. | ||||||
| 5 | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||||||
| 6 | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | ||||||
| 7 | Guard or an Illinois State Trooper or who exclusively serves as | ||||||
| 8 | a volunteer for units of local government with a population | ||||||
| 9 | base of less than 5,000 or as a volunteer
for a not-for-profit | ||||||
| 10 | organization that serves a service area
with a population base | ||||||
| 11 | of less than 5,000 may submit an application to the Department | ||||||
| 12 | for a waiver of the fees described under paragraph (7) of | ||||||
| 13 | subsection (d) of this Section on a form prescribed by the | ||||||
| 14 | Department. | ||||||
| 15 | The education requirements prescribed by the Department | ||||||
| 16 | under this Section must allow for the suspension of those | ||||||
| 17 | requirements in the case of a member of the armed services or | ||||||
| 18 | reserve forces of the United States or a member of the Illinois | ||||||
| 19 | National Guard who is on active duty pursuant to an executive | ||||||
| 20 | order of the President of the United States, an act of the | ||||||
| 21 | Congress of the United States, or an order of the Governor at | ||||||
| 22 | the time that the member would otherwise be required to fulfill | ||||||
| 23 | a particular education requirement. Such a person must fulfill | ||||||
| 24 | the education requirement within 6 months after his or her | ||||||
| 25 | release from active duty.
| ||||||
| 26 | (e) In the event that any rule of the
Department or an EMS | ||||||
| |||||||
| |||||||
| 1 | Medical Director that requires testing for drug
use as a | ||||||
| 2 | condition of the applicable EMS personnel license conflicts | ||||||
| 3 | with or
duplicates a provision of a collective bargaining | ||||||
| 4 | agreement
that requires testing for drug use, that rule shall | ||||||
| 5 | not
apply to any person covered by the collective bargaining
| ||||||
| 6 | agreement.
| ||||||
| 7 | (f) At the time of applying for or renewing his or her | ||||||
| 8 | license, an applicant for a license or license renewal may | ||||||
| 9 | submit an email address to the Department. The Department shall | ||||||
| 10 | keep the email address on file as a form of contact for the | ||||||
| 11 | individual. The Department shall send license renewal notices | ||||||
| 12 | electronically and by mail to a licensee all licensees who | ||||||
| 13 | provides provide the Department with his or her email address. | ||||||
| 14 | The notices shall be sent at least 60 days prior to the | ||||||
| 15 | expiration date of the license. | ||||||
| 16 | (Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19; | ||||||
| 17 | 101-153, eff. 1-1-20; revised 12-3-19.)
| ||||||
| 18 | (210 ILCS 50/3.233) | ||||||
| 19 | Sec. 3.233. Opioid overdose reporting. | ||||||
| 20 | (a) In this Section: | ||||||
| 21 | "Covered vehicle service provider" means a licensed | ||||||
| 22 | vehicle service provider that is a municipality with a | ||||||
| 23 | population of 1,000,000 or greater. | ||||||
| 24 | "Covered vehicle service provider personnel" means | ||||||
| 25 | individuals licensed by the Department as an EMT, EMT-I, A-EMT, | ||||||
| |||||||
| |||||||
| 1 | or EMT-P who are employed by a covered vehicle service | ||||||
| 2 | provider. | ||||||
| 3 | "Opioid" means any narcotic containing opium or one or more | ||||||
| 4 | of its natural or synthetic derivatives. | ||||||
| 5 | "Overdose" means a physiological event that results in a | ||||||
| 6 | life-threatening emergency to an individual who ingested, | ||||||
| 7 | inhaled, injected, or otherwise bodily absorbed an opioid. | ||||||
| 8 | (b) Covered vehicle service provider personnel who treat | ||||||
| 9 | and either release or transport to a health care facility an | ||||||
| 10 | individual experiencing a suspected or an actual overdose shall | ||||||
| 11 | document in the patient's care report the information specified | ||||||
| 12 | in subsection (c) within 24 hours of the initial reporting of | ||||||
| 13 | the incident. | ||||||
| 14 | (c) A patient care report of an overdose made under this | ||||||
| 15 | Section shall include: | ||||||
| 16 | (1) the date and time of the overdose; | ||||||
| 17 | (2) the location in latitude and longitude, to no more | ||||||
| 18 | than 4 decimal places, where the overdose victim was | ||||||
| 19 | initially encountered by the covered vehicle service | ||||||
| 20 | provider personnel; | ||||||
| 21 | (3) whether one or more doses of an opioid overdose | ||||||
| 22 | reversal drug were was administered; and | ||||||
| 23 | (4) whether the overdose was fatal or nonfatal when the | ||||||
| 24 | overdose victim was initially encountered by the covered | ||||||
| 25 | vehicle service provider personnel and during the | ||||||
| 26 | transportation of the victim to a health care facility. | ||||||
| |||||||
| |||||||
| 1 | (d) Upon receipt of a patient care report that documents an | ||||||
| 2 | overdose, a covered vehicle service provider shall report the | ||||||
| 3 | information listed under subsection (c) to: | ||||||
| 4 | (i) the Washington/Baltimore High Intensity Drug | ||||||
| 5 | Trafficking Area Overdose Detection Mapping Application; | ||||||
| 6 | or | ||||||
| 7 | (ii) any similar information technology platform with | ||||||
| 8 | secure access operated by the federal government or a unit | ||||||
| 9 | of state or local government, as determined by the covered | ||||||
| 10 | vehicle service provider. | ||||||
| 11 | (e) Overdose information reported by a covered vehicle | ||||||
| 12 | service provider under this Section shall not be used in an | ||||||
| 13 | opioid use-related criminal investigation or prosecution of | ||||||
| 14 | the individual who was treated by the covered vehicle service | ||||||
| 15 | provider personnel for experiencing the suspected or actual | ||||||
| 16 | overdose. | ||||||
| 17 | (f) Covered vehicle service providers or covered vehicle | ||||||
| 18 | service provider personnel that in good faith make a report | ||||||
| 19 | under this Section shall be immune from civil or criminal | ||||||
| 20 | liability for making the report.
| ||||||
| 21 | (Source: P.A. 101-320, eff. 8-9-19; revised 12-3-19.)
| ||||||
| 22 | (210 ILCS 50/32.5)
| ||||||
| 23 | Sec. 32.5. Freestanding Emergency Center.
| ||||||
| 24 | (a) The Department shall issue an annual Freestanding | ||||||
| 25 | Emergency Center (FEC)
license to any facility that has | ||||||
| |||||||
| |||||||
| 1 | received a permit from the Health Facilities and Services | ||||||
| 2 | Review Board to establish a Freestanding Emergency Center by | ||||||
| 3 | January 1, 2015, and:
| ||||||
| 4 | (1) is located: (A) in a municipality with
a population
| ||||||
| 5 | of 50,000 or fewer inhabitants; (B) within 50 miles of the
| ||||||
| 6 | hospital that owns or controls the FEC; and (C) within 50 | ||||||
| 7 | miles of the Resource
Hospital affiliated with the FEC as | ||||||
| 8 | part of the EMS System;
| ||||||
| 9 | (2) is wholly owned or controlled by an Associate or | ||||||
| 10 | Resource Hospital,
but is not a part of the hospital's | ||||||
| 11 | physical plant;
| ||||||
| 12 | (3) meets the standards for licensed FECs, adopted by | ||||||
| 13 | rule of the
Department, including, but not limited to:
| ||||||
| 14 | (A) facility design, specification, operation, and | ||||||
| 15 | maintenance
standards;
| ||||||
| 16 | (B) equipment standards; and
| ||||||
| 17 | (C) the number and qualifications of emergency | ||||||
| 18 | medical personnel and
other staff, which must include | ||||||
| 19 | at least one board certified emergency
physician | ||||||
| 20 | present at the FEC 24 hours per day.
| ||||||
| 21 | (4) limits its participation in the EMS System strictly | ||||||
| 22 | to receiving a
limited number of patients by ambulance: (A) | ||||||
| 23 | according to the FEC's 24-hour capabilities; (B) according | ||||||
| 24 | to protocols
developed by the Resource Hospital within the | ||||||
| 25 | FEC's
designated EMS System; and (C) as pre-approved by | ||||||
| 26 | both the EMS Medical Director and the Department;
| ||||||
| |||||||
| |||||||
| 1 | (5) provides comprehensive emergency treatment | ||||||
| 2 | services, as defined in the
rules adopted by the Department | ||||||
| 3 | pursuant to the Hospital Licensing Act, 24
hours per day, | ||||||
| 4 | on an outpatient basis;
| ||||||
| 5 | (6) provides an ambulance and
maintains on site | ||||||
| 6 | ambulance services staffed with paramedics 24 hours per | ||||||
| 7 | day;
| ||||||
| 8 | (7) (blank);
| ||||||
| 9 | (8) complies with all State and federal patient rights | ||||||
| 10 | provisions,
including, but not limited to, the Emergency | ||||||
| 11 | Medical Treatment Act and the
federal Emergency
Medical | ||||||
| 12 | Treatment and Active Labor Act;
| ||||||
| 13 | (9) maintains a communications system that is fully | ||||||
| 14 | integrated with
its Resource Hospital within the FEC's | ||||||
| 15 | designated EMS System;
| ||||||
| 16 | (10) reports to the Department any patient transfers | ||||||
| 17 | from the FEC to a
hospital within 48 hours of the transfer | ||||||
| 18 | plus any other
data
determined to be relevant by the | ||||||
| 19 | Department;
| ||||||
| 20 | (11) submits to the Department, on a quarterly basis, | ||||||
| 21 | the FEC's morbidity
and mortality rates for patients | ||||||
| 22 | treated at the FEC and other data determined
to be relevant | ||||||
| 23 | by the Department;
| ||||||
| 24 | (12) does not describe itself or hold itself out to the | ||||||
| 25 | general public as
a full service hospital or hospital | ||||||
| 26 | emergency department in its advertising or
marketing
| ||||||
| |||||||
| |||||||
| 1 | activities;
| ||||||
| 2 | (13) complies with any other rules adopted by the
| ||||||
| 3 | Department
under this Act that relate to FECs;
| ||||||
| 4 | (14) passes the Department's site inspection for | ||||||
| 5 | compliance with the FEC
requirements of this Act;
| ||||||
| 6 | (15) submits a copy of the permit issued by
the Health | ||||||
| 7 | Facilities and Services Review Board indicating that the | ||||||
| 8 | facility has complied with the Illinois Health Facilities | ||||||
| 9 | Planning Act with respect to the health services to be | ||||||
| 10 | provided at the facility;
| ||||||
| 11 | (16) submits an application for designation as an FEC | ||||||
| 12 | in a manner and form
prescribed by the Department by rule; | ||||||
| 13 | and
| ||||||
| 14 | (17) pays the annual license fee as determined by the | ||||||
| 15 | Department by
rule.
| ||||||
| 16 | (a-5) Notwithstanding any other provision of this Section, | ||||||
| 17 | the Department may issue an annual FEC license to a facility | ||||||
| 18 | that is located in a county that does not have a licensed | ||||||
| 19 | general acute care hospital if the facility's application for a | ||||||
| 20 | permit from the Illinois Health Facilities Planning Board has | ||||||
| 21 | been deemed complete by the Department of Public Health by | ||||||
| 22 | January 1, 2014 and if the facility complies with the | ||||||
| 23 | requirements set forth in paragraphs (1) through (17) of | ||||||
| 24 | subsection (a). | ||||||
| 25 | (a-10) Notwithstanding any other provision of this | ||||||
| 26 | Section, the Department may issue an annual FEC license to a | ||||||
| |||||||
| |||||||
| 1 | facility if the facility has, by January 1, 2014, filed a | ||||||
| 2 | letter of intent to establish an FEC and if the facility | ||||||
| 3 | complies with the requirements set forth in paragraphs (1) | ||||||
| 4 | through (17) of subsection (a). | ||||||
| 5 | (a-15) Notwithstanding any other provision of this | ||||||
| 6 | Section, the Department shall issue an
annual FEC license to a | ||||||
| 7 | facility if the facility: (i) discontinues operation as a | ||||||
| 8 | hospital within 180 days after December 4, 2015 (the effective | ||||||
| 9 | date of Public Act 99-490) this amendatory Act of the 99th | ||||||
| 10 | General Assembly with a Health Facilities and Services Review | ||||||
| 11 | Board project number of E-017-15; (ii) has an application for a | ||||||
| 12 | permit to establish an FEC from the Health Facilities and | ||||||
| 13 | Services Review Board that is deemed complete by January 1, | ||||||
| 14 | 2017; and (iii) complies with the requirements set forth in | ||||||
| 15 | paragraphs (1) through (17) of subsection (a) of this Section. | ||||||
| 16 | (a-20) Notwithstanding any other provision of this | ||||||
| 17 | Section, the Department shall issue an annual FEC license to a | ||||||
| 18 | facility if: | ||||||
| 19 | (1) the facility is a hospital that has discontinued | ||||||
| 20 | inpatient hospital services; | ||||||
| 21 | (2) the Department of Healthcare and Family Services | ||||||
| 22 | has certified the conversion to an FEC was approved by the | ||||||
| 23 | Hospital Transformation Review Committee as a project | ||||||
| 24 | subject to the hospital's transformation under subsection | ||||||
| 25 | (d-5) of Section 14-12 of the Illinois Public Aid Code; | ||||||
| 26 | (3) the facility complies with the requirements set | ||||||
| |||||||
| |||||||
| 1 | forth in paragraphs (1) through (17), provided however that | ||||||
| 2 | the FEC may be located in a municipality with a population | ||||||
| 3 | greater than 50,000 inhabitants and shall not be subject to | ||||||
| 4 | the requirements of the Illinois Health Facilities | ||||||
| 5 | Planning Act that are applicable to the conversion to an | ||||||
| 6 | FEC if the Department of Healthcare and Family Services | ||||||
| 7 | Service has certified the conversion to an FEC was approved | ||||||
| 8 | by the Hospital Transformation Review Committee as a | ||||||
| 9 | project subject to the hospital's transformation under | ||||||
| 10 | subsection (d-5) of Section 14-12 of the Illinois Public | ||||||
| 11 | Aid Code; and | ||||||
| 12 | (4) the facility is located at the same physical | ||||||
| 13 | location where the facility served as a hospital. | ||||||
| 14 | (b) The Department shall:
| ||||||
| 15 | (1) annually inspect facilities of initial FEC | ||||||
| 16 | applicants and licensed
FECs, and issue
annual licenses to | ||||||
| 17 | or annually relicense FECs that
satisfy the Department's | ||||||
| 18 | licensure requirements as set forth in subsection (a);
| ||||||
| 19 | (2) suspend, revoke, refuse to issue, or refuse to | ||||||
| 20 | renew the license of
any
FEC, after notice and an | ||||||
| 21 | opportunity for a hearing, when the Department finds
that | ||||||
| 22 | the FEC has failed to comply with the standards and | ||||||
| 23 | requirements of the
Act or rules adopted by the Department | ||||||
| 24 | under the
Act;
| ||||||
| 25 | (3) issue an Emergency Suspension Order for any FEC | ||||||
| 26 | when the
Director or his or her designee has determined | ||||||
| |||||||
| |||||||
| 1 | that the continued operation of
the FEC poses an immediate | ||||||
| 2 | and serious danger to
the public health, safety, and | ||||||
| 3 | welfare.
An opportunity for a
hearing shall be promptly | ||||||
| 4 | initiated after an Emergency Suspension Order has
been | ||||||
| 5 | issued; and
| ||||||
| 6 | (4) adopt rules as needed to implement this Section.
| ||||||
| 7 | (Source: P.A. 99-490, eff. 12-4-15; 99-710, eff. 8-5-16; | ||||||
| 8 | 100-581, eff. 3-12-18; revised 7-23-19.)
| ||||||
| 9 | Section 400. The Mobile Home Park Act is amended by | ||||||
| 10 | changing Section 9.8 as follows:
| ||||||
| 11 | (210 ILCS 115/9.8) (from Ch. 111 1/2, par. 719.8)
| ||||||
| 12 | Sec. 9.8.
Adequate insect and rodent control measures shall | ||||||
| 13 | be employed. All
buildings shall be fly proof and rodent proof, | ||||||
| 14 | and rodent harborages shall not be
permitted to exist in the | ||||||
| 15 | park or pathways. All mobile homes shall be skirted to exclude | ||||||
| 16 | rodents and provide protection to the home's homes utilities | ||||||
| 17 | from the weather.
| ||||||
| 18 | (Source: P.A. 101-454, eff. 8-23-19; revised 12-3-19.)
| ||||||
| 19 | Section 405. The Safe Pharmaceutical Disposal Act is | ||||||
| 20 | amended by changing Section 5 as follows:
| ||||||
| 21 | (210 ILCS 150/5) | ||||||
| 22 | Sec. 5. Definitions. In this Act: | ||||||
| |||||||
| |||||||
| 1 | "Health care institution" means any public or private | ||||||
| 2 | institution or agency licensed or certified by State law to | ||||||
| 3 | provide health care. The term includes hospitals, nursing | ||||||
| 4 | homes, residential health care facilities, home health care | ||||||
| 5 | agencies, hospice programs operating in this State, | ||||||
| 6 | institutions, facilities, or agencies that provide services to | ||||||
| 7 | persons with mental health illnesses, and institutions, | ||||||
| 8 | facilities, or agencies that provide services for persons with | ||||||
| 9 | developmental disabilities. | ||||||
| 10 | "Law enforcement agency" means any federal, State, or local | ||||||
| 11 | law enforcement agency, including a State's Attorney and the | ||||||
| 12 | Attorney General. | ||||||
| 13 | "Nurse" means an advanced practice registered nurse, | ||||||
| 14 | registered nurse, or licensed practical nurse licensed under | ||||||
| 15 | the Nurse Practice Act. | ||||||
| 16 | "Public wastewater collection system" means any wastewater | ||||||
| 17 | collection system regulated by the Environmental Protection | ||||||
| 18 | Agency. | ||||||
| 19 | "Unused medication" means any unopened, expired, or excess | ||||||
| 20 | (including medication unused as a result of the death of the | ||||||
| 21 | patient) medication that has been dispensed for patient or | ||||||
| 22 | resident care and that is in a liquid or solid form. The term | ||||||
| 23 | includes, but is not limited to, suspensions, pills, tablets, | ||||||
| 24 | capsules, and caplets. For long-term care facilities licensed | ||||||
| 25 | under the Nursing Home Care Act, "unused medication" does not | ||||||
| 26 | include any Schedule II controlled substance under federal law | ||||||
| |||||||
| |||||||
| 1 | in any form, until such time as the federal Drug Enforcement | ||||||
| 2 | Administration adopts regulations that permit these facilities | ||||||
| 3 | to dispose of controlled substances in a manner consistent with | ||||||
| 4 | this Act.
| ||||||
| 5 | (Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17; | ||||||
| 6 | 100-612, eff. 1-1-19; revised 7-23-19.)
| ||||||
| 7 | Section 410. The Illinois Insurance Code is amended by | ||||||
| 8 | changing Sections 28.2a, 291.1, 368g, 370c, and 534.3 and by | ||||||
| 9 | setting forth,
renumbering, and changing multiple versions of | ||||||
| 10 | Section 356z.33 as follows:
| ||||||
| 11 | (215 ILCS 5/28.2a) (from Ch. 73, par. 640.2a)
| ||||||
| 12 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
| 13 | Sec. 28.2a. Proxies. | ||||||
| 14 | (1) A shareholder may appoint a proxy to vote or
otherwise | ||||||
| 15 | act for him or her by signing an appointment form and | ||||||
| 16 | delivering
it to the person so appointed.
| ||||||
| 17 | (2) No proxy shall be valid after the expiration of 11 | ||||||
| 18 | months from the
date thereof unless otherwise provided in the | ||||||
| 19 | proxy. Every proxy continues
in full force and effect until | ||||||
| 20 | revoked by the person executing it prior to the
vote pursuant | ||||||
| 21 | thereto, except as otherwise provided in this Section. Such
| ||||||
| 22 | revocation may be effected by a writing delivered to the | ||||||
| 23 | corporation
stating that the proxy is revoked or by a | ||||||
| 24 | subsequent proxy executed by, or
by attendance at the meeting | ||||||
| |||||||
| |||||||
| 1 | and voting in person by, the person executing
the proxy. The | ||||||
| 2 | dates contained on the forms of proxy presumptively
determine | ||||||
| 3 | the order of execution, regardless of the postmark dates on the
| ||||||
| 4 | envelopes in which they are mailed.
| ||||||
| 5 | (3) An appointment of a proxy is revocable by the | ||||||
| 6 | shareholder unless the
appointment form conspicuously states | ||||||
| 7 | that it is irrevocable and the
appointment is coupled with an | ||||||
| 8 | interest in the shares or in the corporation
generally. By way | ||||||
| 9 | of example and without limiting the generality of the
| ||||||
| 10 | foregoing, a proxy is coupled with an interest when the proxy | ||||||
| 11 | appointed is
one of the following:
| ||||||
| 12 | (a) a pledgee;
| ||||||
| 13 | (b) a person who has purchased or had agreed to | ||||||
| 14 | purchase the shares;
| ||||||
| 15 | (c) a creditor of the corporation who has extended it | ||||||
| 16 | credit under terms
requiring the appointment, if the | ||||||
| 17 | appointment states the purpose for which
it was given, the | ||||||
| 18 | name of the creditor, and the amount of credit extended; or
| ||||||
| 19 | (d) an employee of the corporation whose employment | ||||||
| 20 | contract requires
the appointment, if the appointment | ||||||
| 21 | states the purpose for which it was
given, the name of the | ||||||
| 22 | employee, and the period of employment.
| ||||||
| 23 | (4) The death or incapacity of the shareholder appointing a | ||||||
| 24 | proxy does
not revoke the proxy's authority unless notice of | ||||||
| 25 | the death or incapacity
is received by the officer or agent who | ||||||
| 26 | maintains the corporation's share
transfer book before the | ||||||
| |||||||
| |||||||
| 1 | proxy exercises his or her authority under the appointment.
| ||||||
| 2 | (5) An appointment made irrevocable under subsection (3) | ||||||
| 3 | becomes
revocable when the interest in the proxy terminates | ||||||
| 4 | such as when the pledge
is redeemed, the shares are registered | ||||||
| 5 | in the purchaser's name, the
creditor's debt is paid, the | ||||||
| 6 | employment contract ends, or the voting agreement expires.
| ||||||
| 7 | (6) A transferee for value of shares subject to an | ||||||
| 8 | irrevocable
appointment may revoke the appointment if the | ||||||
| 9 | transferee was ignorant of
its existence when the shares were | ||||||
| 10 | acquired and both the existence of the
appointment and its | ||||||
| 11 | revocability were not noted conspicuously on the
certificate | ||||||
| 12 | (or information statement for shares without certificates)
| ||||||
| 13 | representing the shares.
| ||||||
| 14 | (7) Unless the appointment of a proxy contains an express | ||||||
| 15 | limitation on
the proxy's authority, a corporation may accept | ||||||
| 16 | one proxy's vote or other
action as that of the shareholder | ||||||
| 17 | making the appointment. If the proxy
appointed fails to vote or | ||||||
| 18 | otherwise act in accordance with the
appointment, the | ||||||
| 19 | shareholder is entitled to such legal or equitable relief
as is | ||||||
| 20 | appropriate in the circumstances.
| ||||||
| 21 | (Source: P.A. 84-502; revised 8-23-19.)
| ||||||
| 22 | (215 ILCS 5/291.1) (from Ch. 73, par. 903.1)
| ||||||
| 23 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
| 24 | Sec. 291.1. Organization. A domestic society organized on | ||||||
| 25 | or after
January 1, 1986 (the effective date of Public Act | ||||||
| |||||||
| |||||||
| 1 | 84-303) this amendatory Act shall be formed as follows:
| ||||||
| 2 | (a) Seven or more citizens of the United States, a | ||||||
| 3 | majority of whom are
citizens of this State, who desire to | ||||||
| 4 | form a fraternal benefit society may
make, sign and | ||||||
| 5 | acknowledge, before some officer competent to take
| ||||||
| 6 | acknowledgement of deeds, articles of incorporation, in | ||||||
| 7 | which shall be stated:
| ||||||
| 8 | (1) The proposed corporate name of the society, | ||||||
| 9 | which shall not so
closely resemble the name of any | ||||||
| 10 | society or insurance company already
authorized to | ||||||
| 11 | transact business in this State as to be misleading or | ||||||
| 12 | confusing;
| ||||||
| 13 | (2) The place where its principal office shall be | ||||||
| 14 | located within this State;
| ||||||
| 15 | (3) The purposes for which it is being formed and | ||||||
| 16 | the mode in which its
corporate powers are to be | ||||||
| 17 | exercised. Such purposes shall not include more
| ||||||
| 18 | liberal powers than are granted by this amendatory Act; | ||||||
| 19 | and
| ||||||
| 20 | (4) The names and residences of the incorporators | ||||||
| 21 | and the names,
residences and official titles of all | ||||||
| 22 | the officers, trustees, directors or
other persons who | ||||||
| 23 | are to have and exercise the general control of the
| ||||||
| 24 | management of the affairs and funds of the society for | ||||||
| 25 | the first year or
until the ensuing election, at which | ||||||
| 26 | all such officers shall be elected by
the supreme | ||||||
| |||||||
| |||||||
| 1 | governing body, which election shall be held not later | ||||||
| 2 | than one
year from the date of issuance of the | ||||||
| 3 | permanent certificate of authority;
| ||||||
| 4 | (b) Duplicate originals of the articles of | ||||||
| 5 | incorporation, certified
copies of the society's bylaws | ||||||
| 6 | and rules, copies of all proposed forms of
certificates, | ||||||
| 7 | applicants and rates therefor, and circulars to be issued
| ||||||
| 8 | by the society and a bond conditioned upon the return to | ||||||
| 9 | applicants of the
advanced payments if the organization is | ||||||
| 10 | not completed within one year
shall be filed with the | ||||||
| 11 | Director, who may require such further information
as the | ||||||
| 12 | Director deems necessary. The bond with sureties approved | ||||||
| 13 | by the
Director shall be in such amount, not less than | ||||||
| 14 | $300,000
nor more than $1,500,000, as
required by the | ||||||
| 15 | Director. All documents filed are to be in the
English | ||||||
| 16 | language. If the Director finds that the purposes of the | ||||||
| 17 | society
conform to the requirements of this amendatory Act | ||||||
| 18 | and all provisions of the law
have been complied with, the | ||||||
| 19 | Director shall approve the articles of
incorporation and | ||||||
| 20 | issue the incorporators a preliminary certificate of
| ||||||
| 21 | authority authorizing the society to solicit members as | ||||||
| 22 | hereinafter provided;
| ||||||
| 23 | (c) No preliminary certificate of authority issued | ||||||
| 24 | under the provisions
of this Section shall be valid after | ||||||
| 25 | one year from its date of issue or
after such further | ||||||
| 26 | period, not exceeding one year, as may be authorized by
the | ||||||
| |||||||
| |||||||
| 1 | Director, upon cause shown, unless the 500 applicants
| ||||||
| 2 | hereinafter required have been secured and the | ||||||
| 3 | organization has
been completed as herein provided. The | ||||||
| 4 | articles of incorporation and all other
proceedings | ||||||
| 5 | thereunder shall become null and void in one year from the
| ||||||
| 6 | date of the preliminary certificate of authority or at the | ||||||
| 7 | expiration of
the extended period, unless the society shall | ||||||
| 8 | have completed its
organization and received a certificate | ||||||
| 9 | of authority to do business as
hereinafter provided;
| ||||||
| 10 | (d) Upon receipt of a preliminary certificate of | ||||||
| 11 | authority from the
Director, the society may solicit | ||||||
| 12 | members for the purpose of completing its
organization, | ||||||
| 13 | shall collect from each applicant the amount of not less | ||||||
| 14 | than
one regular monthly premium in accordance with its | ||||||
| 15 | table of rates and
shall issue to each such applicant a | ||||||
| 16 | receipt for the amount so collected.
No society shall incur | ||||||
| 17 | any liability other than for the return of such
advance | ||||||
| 18 | premium nor issue any certificate nor pay, allow or offer | ||||||
| 19 | or
promise to pay or allow any benefit to any person until:
| ||||||
| 20 | (1) Actual bona fide applications for benefits | ||||||
| 21 | have been secured on not
less than 500 applicants and | ||||||
| 22 | any necessary evidence of
insurability has been | ||||||
| 23 | furnished to and approved by the society;
| ||||||
| 24 | (2) At least 10 subordinate lodges have been | ||||||
| 25 | established into which the
500 applicants have been | ||||||
| 26 | admitted;
| ||||||
| |||||||
| |||||||
| 1 | (3) There has been submitted to the Director, under | ||||||
| 2 | oath of the
president or secretary, or corresponding | ||||||
| 3 | officer of the society, a list of
such applicants, | ||||||
| 4 | giving their names, addresses, date each was admitted,
| ||||||
| 5 | name and number of the subordinate lodge of which each | ||||||
| 6 | applicant is a
member, amount of benefits to be granted | ||||||
| 7 | and premiums therefor;
| ||||||
| 8 | (4) It shall have been shown to the Director, by | ||||||
| 9 | sworn statement of the
treasurer or corresponding | ||||||
| 10 | officer of such society, that at a least 500
applicants | ||||||
| 11 | have each paid in cash at least one regular monthly
| ||||||
| 12 | premium as herein provided, which premiums in the | ||||||
| 13 | aggregate shall amount to
at least $150,000. Said | ||||||
| 14 | advance premiums
shall be held in trust during the | ||||||
| 15 | period of organization, and, if the society
has not | ||||||
| 16 | qualified for a certificate of authority within one | ||||||
| 17 | year unless
extended by the Director, as herein | ||||||
| 18 | provided, such premiums shall be
returned to said | ||||||
| 19 | applicants; and
| ||||||
| 20 | (5) In the case of a domestic society that is | ||||||
| 21 | organized after January 1, 2015 (the effective date of | ||||||
| 22 | Public Act 98-814) this amendatory Act of the 98th | ||||||
| 23 | General Assembly, the society meets the following | ||||||
| 24 | requirements: | ||||||
| 25 | (i) maintains a minimum surplus of $2,000,000, | ||||||
| 26 | or such higher amount as the Director may deem | ||||||
| |||||||
| |||||||
| 1 | necessary; and | ||||||
| 2 | (ii) meets any other requirements as | ||||||
| 3 | determined by the Director. | ||||||
| 4 | (e) The Director may make such examination and require | ||||||
| 5 | such further
information as the Director deems necessary. | ||||||
| 6 | Upon presentation of
satisfactory evidence that the | ||||||
| 7 | society has complied with all the provisions
of law, the | ||||||
| 8 | Director shall issue to the society a certificate of | ||||||
| 9 | authority
to that effect and that the society is authorized | ||||||
| 10 | to transact business
pursuant to the provisions of this | ||||||
| 11 | amendatory Act; and
| ||||||
| 12 | (f) Any incorporated society authorized to transact | ||||||
| 13 | business in this
State at the time Public Act 84-303 this | ||||||
| 14 | amendatory Act becomes effective (January 1, 1986) shall | ||||||
| 15 | not be
required to reincorporate.
| ||||||
| 16 | (Source: P.A. 98-814, eff. 1-1-15; revised 8-23-19.)
| ||||||
| 17 | (215 ILCS 5/356z.33) | ||||||
| 18 | Sec. 356z.33. Coverage for epinephrine injectors. A group | ||||||
| 19 | or individual policy of accident and health insurance or a | ||||||
| 20 | managed care plan that is amended, delivered, issued, or | ||||||
| 21 | renewed on or after January 1, 2020 (the effective date of | ||||||
| 22 | Public Act 101-281) this amendatory Act of the 101st General | ||||||
| 23 | Assembly shall provide coverage for medically necessary | ||||||
| 24 | epinephrine injectors for persons 18 years of age or under. As | ||||||
| 25 | used in this Section, "epinephrine injector" has the meaning | ||||||
| |||||||
| |||||||
| 1 | given to that term in Section 5 of the Epinephrine Injector | ||||||
| 2 | Act.
| ||||||
| 3 | (Source: P.A. 101-281, eff. 1-1-20; revised 10-16-19.)
| ||||||
| 4 | (215 ILCS 5/356z.34) | ||||||
| 5 | Sec. 356z.34 356z.33. Coverage for cardiopulmonary | ||||||
| 6 | monitors. A group or individual policy of accident and health | ||||||
| 7 | insurance amended, delivered, issued, or renewed after January | ||||||
| 8 | 1, 2020 (the effective date of Public Act 101-218) this | ||||||
| 9 | amendatory Act of the 101st General Assembly shall provide | ||||||
| 10 | coverage for cardiopulmonary monitors determined to be | ||||||
| 11 | medically necessary for a person 18 years old or younger who | ||||||
| 12 | has had a cardiopulmonary event.
| ||||||
| 13 | (Source: P.A. 101-218, eff. 1-1-20; revised 10-16-19.)
| ||||||
| 14 | (215 ILCS 5/356z.35) | ||||||
| 15 | Sec. 356z.35 356z.33. Long-term antibiotic therapy for | ||||||
| 16 | tick-borne diseases. | ||||||
| 17 | (a) As used in this Section: | ||||||
| 18 | "Long-term antibiotic therapy" means the administration of | ||||||
| 19 | oral, intramuscular, or intravenous antibiotics singly or in | ||||||
| 20 | combination for periods of time in excess of 4 weeks. | ||||||
| 21 | "Tick-borne disease" means a disease caused when an | ||||||
| 22 | infected tick bites a person and the tick's saliva transmits an | ||||||
| 23 | infectious agent (bacteria, viruses, or parasites) that can | ||||||
| 24 | cause illness, including, but not limited to, the following: | ||||||
| |||||||
| |||||||
| 1 | (1) a severe infection with borrelia burgdorferi; | ||||||
| 2 | (2) a late stage, persistent, or chronic infection or | ||||||
| 3 | complications related to such an infection; | ||||||
| 4 | (3) an infection with other strains of borrelia or a | ||||||
| 5 | tick-borne disease that is recognized by the United States | ||||||
| 6 | Centers for Disease Control and Prevention; and | ||||||
| 7 | (4) the presence of signs or symptoms compatible with | ||||||
| 8 | acute infection of borrelia or other tick-borne diseases. | ||||||
| 9 | (b) An individual or group policy of accident and health | ||||||
| 10 | insurance or managed care plan that is amended, delivered, | ||||||
| 11 | issued, or renewed on or after January 1, 2020 (the effective | ||||||
| 12 | date of Public Act 101-371) this amendatory Act of the 101st | ||||||
| 13 | General Assembly shall provide coverage for long-term | ||||||
| 14 | antibiotic therapy, including necessary office visits and | ||||||
| 15 | ongoing testing, for a person with a tick-borne disease when | ||||||
| 16 | determined to be medically necessary and ordered by a physician | ||||||
| 17 | licensed to practice medicine in all its branches after making | ||||||
| 18 | a thorough evaluation of the person's symptoms, diagnostic test | ||||||
| 19 | results, or response to treatment. An experimental drug shall | ||||||
| 20 | be covered as a long-term antibiotic therapy if it is approved | ||||||
| 21 | for an indication by the United States Food and Drug | ||||||
| 22 | Administration. A drug, including an experimental drug, shall | ||||||
| 23 | be covered for an off-label use in the treatment of a | ||||||
| 24 | tick-borne disease if the drug has been approved by the United | ||||||
| 25 | States Food and Drug Administration.
| ||||||
| 26 | (Source: P.A. 101-371, eff. 1-1-20; revised 10-16-19.)
| ||||||
| |||||||
| |||||||
| 1 | (215 ILCS 5/356z.36) | ||||||
| 2 | Sec. 356z.36 356z.33. Coverage of treatment models for | ||||||
| 3 | early treatment of serious mental illnesses. | ||||||
| 4 | (a) For purposes of early treatment of a serious mental | ||||||
| 5 | illness in a child or young adult under age 26, a group or | ||||||
| 6 | individual policy of accident and health insurance, or managed | ||||||
| 7 | care plan, that is amended, delivered, issued, or renewed after | ||||||
| 8 | December 31, 2020 shall provide coverage of the following | ||||||
| 9 | bundled, evidence-based treatment: | ||||||
| 10 | (1) Coordinated specialty care for first episode | ||||||
| 11 | psychosis treatment, covering the elements of the | ||||||
| 12 | treatment model included in the most recent national | ||||||
| 13 | research trials conducted by the National Institute of | ||||||
| 14 | Mental Health in the Recovery After an Initial | ||||||
| 15 | Schizophrenia Episode (RAISE) trials for psychosis | ||||||
| 16 | resulting from a serious mental illness, but excluding the | ||||||
| 17 | components of the treatment model related to education and | ||||||
| 18 | employment support. | ||||||
| 19 | (2) Assertive community treatment (ACT) and community | ||||||
| 20 | support team (CST) treatment. The elements of ACT and CST | ||||||
| 21 | to be covered shall include those covered under Article V | ||||||
| 22 | of the Illinois Public Aid Code, through 89 Ill. Adm. Code | ||||||
| 23 | 140.453(d)(4). | ||||||
| 24 | (b) Adherence to the clinical models. For purposes of | ||||||
| 25 | ensuring adherence to the coordinated specialty care for first | ||||||
| |||||||
| |||||||
| 1 | episode psychosis treatment model, only providers contracted | ||||||
| 2 | with the Department of Human Services' Division of Mental | ||||||
| 3 | Health to be FIRST.IL providers to deliver coordinated | ||||||
| 4 | specialty care for first episode psychosis treatment shall be | ||||||
| 5 | permitted to provide such treatment in accordance with this | ||||||
| 6 | Section and such providers must adhere to the fidelity of the | ||||||
| 7 | treatment model. For purposes of ensuring fidelity to ACT and | ||||||
| 8 | CST, only providers certified to provide ACT and CST by the | ||||||
| 9 | Department of Human Services' Division of Mental Health and | ||||||
| 10 | approved to provide ACT and CST by the Department of Healthcare | ||||||
| 11 | and Family Services, or its designee, in accordance with 89 | ||||||
| 12 | Ill. Adm. Code 140, shall be permitted to provide such services | ||||||
| 13 | under this Section and such providers shall be required to | ||||||
| 14 | adhere to the fidelity of the models. | ||||||
| 15 | (c) Development of medical necessity criteria for | ||||||
| 16 | coverage. Within 6 months after January 1, 2020 (the effective | ||||||
| 17 | date of Public Act 101-461) this amendatory Act of the 101st | ||||||
| 18 | General Assembly, the Department of Insurance shall lead and | ||||||
| 19 | convene a workgroup that includes the Department of Human | ||||||
| 20 | Services' Division of Mental Health, the Department of | ||||||
| 21 | Healthcare and Family Services, providers of the treatment | ||||||
| 22 | models listed in this Section, and insurers operating in | ||||||
| 23 | Illinois to develop medical necessity criteria for such | ||||||
| 24 | treatment models for purposes of coverage under this Section. | ||||||
| 25 | The workgroup shall use the medical necessity criteria the | ||||||
| 26 | State and other states use as guidance for establishing medical | ||||||
| |||||||
| |||||||
| 1 | necessity for insurance coverage. The Department of Insurance | ||||||
| 2 | shall adopt a rule that defines medical necessity for each of | ||||||
| 3 | the 3 treatment models listed in this Section by no later than | ||||||
| 4 | June 30, 2020 based on the workgroup's recommendations. | ||||||
| 5 | (d) For purposes of credentialing the mental health | ||||||
| 6 | professionals and other medical professionals that are part of | ||||||
| 7 | a coordinated specialty care for first episode psychosis | ||||||
| 8 | treatment team, an ACT team, or a CST team, the credentialing | ||||||
| 9 | of the psychiatrist or the licensed clinical leader of the | ||||||
| 10 | treatment team shall qualify all members of the treatment team | ||||||
| 11 | to be credentialed with the insurer. | ||||||
| 12 | (e) Payment for the services performed under the treatment | ||||||
| 13 | models listed in this Section shall be based on a bundled | ||||||
| 14 | treatment model or payment, rather than payment for each | ||||||
| 15 | separate service delivered by a treatment team member. By no | ||||||
| 16 | later than 6 months after January 1, 2020 (the effective date | ||||||
| 17 | of Public Act 101-461) this amendatory Act of the 101st General | ||||||
| 18 | Assembly, the Department of Insurance shall convene a workgroup | ||||||
| 19 | of Illinois insurance companies and Illinois mental health | ||||||
| 20 | treatment providers that deliver the bundled treatment | ||||||
| 21 | approaches listed in this Section to determine a coding | ||||||
| 22 | solution that allows for these bundled treatment models to be | ||||||
| 23 | coded and paid for as a bundle of services, similar to | ||||||
| 24 | intensive outpatient treatment where multiple services are | ||||||
| 25 | covered under one billing code or a bundled set of billing | ||||||
| 26 | codes. The coding solution shall ensure that services delivered | ||||||
| |||||||
| |||||||
| 1 | using coordinated specialty care for first episode psychosis | ||||||
| 2 | treatment, ACT, or CST are provided and billed as a bundled | ||||||
| 3 | service, rather than for each individual service provided by a | ||||||
| 4 | treatment team member, which would deconstruct the | ||||||
| 5 | evidence-based practice. The coding solution shall be reached | ||||||
| 6 | prior to coverage, which shall begin for plans amended, | ||||||
| 7 | delivered, issued, or renewed after December 31, 2020, to | ||||||
| 8 | ensure coverage of the treatment team approaches as intended by | ||||||
| 9 | this Section. | ||||||
| 10 | (f) If, at any time, the Secretary of the United States | ||||||
| 11 | Department of Health and Human Services, or its successor | ||||||
| 12 | agency, adopts rules or regulations to be published in the | ||||||
| 13 | Federal Register or publishes a comment in the Federal Register | ||||||
| 14 | or issues an opinion, guidance, or other action that would | ||||||
| 15 | require the State, under any provision of the Patient | ||||||
| 16 | Protection and Affordable Care Act (P.L. 111-148), including, | ||||||
| 17 | but not limited to, 42 U.S.C. 18031(d)(3)(b), or any successor | ||||||
| 18 | provision, to defray the cost of any coverage for serious | ||||||
| 19 | mental illnesses or serious emotional disturbances outlined in | ||||||
| 20 | this Section, then the requirement that a group or individual | ||||||
| 21 | policy of accident and health insurance or managed care plan | ||||||
| 22 | cover the bundled treatment approaches listed in this Section | ||||||
| 23 | is inoperative other than any such coverage authorized under | ||||||
| 24 | Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | ||||||
| 25 | the State shall not assume any obligation for the cost of the | ||||||
| 26 | coverage. | ||||||
| |||||||
| |||||||
| 1 | (g) After 5 years following full implementation of this | ||||||
| 2 | Section, if requested by an insurer, the Department of | ||||||
| 3 | Insurance shall contract with an independent third party with | ||||||
| 4 | expertise in analyzing health insurance premiums and costs to | ||||||
| 5 | perform an independent analysis of the impact coverage of the | ||||||
| 6 | team-based treatment models listed in this Section has had on | ||||||
| 7 | insurance premiums in Illinois. If premiums increased by more | ||||||
| 8 | than 1% annually solely due to coverage of these treatment | ||||||
| 9 | models, coverage of these models shall no longer be required. | ||||||
| 10 | (h) The Department of Insurance shall adopt any rules | ||||||
| 11 | necessary to implement the provisions of this Section by no | ||||||
| 12 | later than June 30, 2020.
| ||||||
| 13 | (Source: P.A. 101-461, eff. 1-1-20; revised 10-16-19.)
| ||||||
| 14 | (215 ILCS 5/356z.37) | ||||||
| 15 | Sec. 356z.37 356z.33. Whole body skin examination. An | ||||||
| 16 | individual or group policy of accident and health insurance | ||||||
| 17 | shall cover, without imposing a deductible, coinsurance, | ||||||
| 18 | copayment, or any other cost-sharing requirement upon the | ||||||
| 19 | insured patient, one annual office visit, using appropriate | ||||||
| 20 | routine evaluation and management Current Procedural | ||||||
| 21 | Terminology codes or any successor codes, for a whole body skin | ||||||
| 22 | examination for lesions suspicious for skin cancer. The whole | ||||||
| 23 | body skin examination shall be indicated using an appropriate | ||||||
| 24 | International Statistical Classification of Diseases and | ||||||
| 25 | Related Health Problems code or any successor codes. The | ||||||
| |||||||
| |||||||
| 1 | provisions of this Section do not apply to the extent such | ||||||
| 2 | coverage would disqualify a high-deductible health plan from | ||||||
| 3 | eligibility for a health savings account pursuant to 26 U.S.C. | ||||||
| 4 | 223.
| ||||||
| 5 | (Source: P.A. 101-500, eff. 1-1-20; revised 10-16-19.)
| ||||||
| 6 | (215 ILCS 5/356z.38) | ||||||
| 7 | Sec. 356z.38 356z.33. Human breast milk coverage. | ||||||
| 8 | (a) Notwithstanding any other provision of this Act, | ||||||
| 9 | pasteurized donated human breast milk, which may include human | ||||||
| 10 | milk fortifiers if indicated by a prescribing licensed medical | ||||||
| 11 | practitioner, shall be covered under an individual or group | ||||||
| 12 | health insurance for persons who are otherwise eligible for | ||||||
| 13 | coverage under this Act if the covered person is an infant | ||||||
| 14 | under the age of 6 months, a licensed medical practitioner | ||||||
| 15 | prescribes the milk for the covered person, and all of the | ||||||
| 16 | following conditions are met: | ||||||
| 17 | (1) the milk is obtained from a human milk bank that | ||||||
| 18 | meets quality guidelines established by the Human Milk | ||||||
| 19 | Banking Association of North America or is licensed by the | ||||||
| 20 | Department of Public Health; | ||||||
| 21 | (2) the infant's mother is medically or physically | ||||||
| 22 | unable to produce maternal breast milk or produce maternal | ||||||
| 23 | breast milk in sufficient quantities to meet the infant's | ||||||
| 24 | needs or the maternal breast milk is contraindicated; | ||||||
| 25 | (3) the milk has been determined to be medically | ||||||
| |||||||
| |||||||
| 1 | necessary for the infant; and | ||||||
| 2 | (4) one or more of the following applies: | ||||||
| 3 | (A) the infant's birth weight is below 1,500 grams; | ||||||
| 4 | (B) the infant has a congenital or acquired | ||||||
| 5 | condition that places the infant at a high risk for | ||||||
| 6 | development of necrotizing enterocolitis; | ||||||
| 7 | (C) the infant has infant hypoglycemia; | ||||||
| 8 | (D) the infant has congenital heart disease; | ||||||
| 9 | (E) the infant has had or will have an organ | ||||||
| 10 | transplant; | ||||||
| 11 | (F) the infant has sepsis; or | ||||||
| 12 | (G) the infant has any other serious congenital or | ||||||
| 13 | acquired condition for which the use of donated human | ||||||
| 14 | breast milk is medically necessary and supports the | ||||||
| 15 | treatment and recovery of the infant. | ||||||
| 16 | (b) Notwithstanding any other provision of this Act, | ||||||
| 17 | pasteurized donated human breast milk, which may include human | ||||||
| 18 | milk fortifiers if indicated by a prescribing licensed medical | ||||||
| 19 | practitioner, shall be covered under an individual or group | ||||||
| 20 | health insurance for persons who are otherwise eligible for | ||||||
| 21 | coverage under this Act if the covered person is a child 6 | ||||||
| 22 | months through 12 months of age, a licensed medical | ||||||
| 23 | practitioner prescribes the milk for the covered person, and | ||||||
| 24 | all of the following conditions are met: | ||||||
| 25 | (1) the milk is obtained from a human milk bank that | ||||||
| 26 | meets quality guidelines established by the Human Milk | ||||||
| |||||||
| |||||||
| 1 | Banking Association of North America or is licensed by the | ||||||
| 2 | Department of Public Health; | ||||||
| 3 | (2) the child's mother is medically or physically | ||||||
| 4 | unable to produce maternal breast milk or produce maternal | ||||||
| 5 | breast milk in sufficient quantities to meet the child's | ||||||
| 6 | needs or the maternal breast milk is contraindicated; | ||||||
| 7 | (3) the milk has been determined to be medically | ||||||
| 8 | necessary for the child; and | ||||||
| 9 | (4) one or more of the following applies: | ||||||
| 10 | (A) the child has spinal muscular atrophy; | ||||||
| 11 | (B) the child's birth weight was below 1,500 grams | ||||||
| 12 | and he or she has long-term feeding or gastrointestinal | ||||||
| 13 | complications related to prematurity; | ||||||
| 14 | (C) the child has had or will have an organ | ||||||
| 15 | transplant; or | ||||||
| 16 | (D) the child has a congenital or acquired | ||||||
| 17 | condition for which the use of donated human breast | ||||||
| 18 | milk is medically necessary and supports the treatment | ||||||
| 19 | and recovery of the child.
| ||||||
| 20 | (Source: P.A. 101-511, eff. 1-1-20; revised 10-16-19.)
| ||||||
| 21 | (215 ILCS 5/356z.39) | ||||||
| 22 | Sec. 356z.39 356z.33. Coverage of the psychiatric | ||||||
| 23 | Collaborative Care Model. | ||||||
| 24 | (a) As used in this Section, "psychiatric Collaborative | ||||||
| 25 | Care Model" means the evidence-based, integrated behavioral | ||||||
| |||||||
| |||||||
| 1 | health service delivery method, which includes a formal | ||||||
| 2 | collaborative arrangement among a primary care team consisting | ||||||
| 3 | of a primary care provider, a care manager, and a psychiatric | ||||||
| 4 | consultant, and includes, but is not limited to, the following | ||||||
| 5 | elements: | ||||||
| 6 | (1) care directed by the primary care team; | ||||||
| 7 | (2) structured care management; | ||||||
| 8 | (3) regular assessments of clinical status using | ||||||
| 9 | validated tools; and | ||||||
| 10 | (4) modification of treatment as appropriate. | ||||||
| 11 | (b) An individual or group policy of accident and health | ||||||
| 12 | insurance amended, delivered, issued, or renewed on or after | ||||||
| 13 | January 1, 2020 (the effective date of Public Act 101-574) this | ||||||
| 14 | amendatory Act of the 101st General Assembly or managed care | ||||||
| 15 | organization that provides mental health benefits shall | ||||||
| 16 | provide reimbursement for benefits that are delivered through | ||||||
| 17 | the psychiatric Collaborative Care Model. The following | ||||||
| 18 | American Medical Association 2018 current procedural | ||||||
| 19 | terminology codes and Healthcare Common Procedure Coding | ||||||
| 20 | System code shall be used to bill for benefits delivered | ||||||
| 21 | through the psychiatric Collaborative Care Model: | ||||||
| 22 | (1) 99492; | ||||||
| 23 | (2) 99493; | ||||||
| 24 | (3) 99494; and | ||||||
| 25 | (4) G0512. | ||||||
| 26 | (c) The Director of Insurance shall update the billing | ||||||
| |||||||
| |||||||
| 1 | codes in subsection (b) if there are any alterations or | ||||||
| 2 | additions to the billing codes for the psychiatric | ||||||
| 3 | Collaborative Care Model. | ||||||
| 4 | (d) An individual or group policy or managed care | ||||||
| 5 | organization that provides benefits under this Section may deny | ||||||
| 6 | reimbursement of any billing code listed in this Section on the | ||||||
| 7 | grounds of medical necessity if such medical necessity | ||||||
| 8 | determinations are in compliance with the Paul Wellstone and | ||||||
| 9 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
| 10 | 2008 and its implementing and related regulations and that such | ||||||
| 11 | determinations are made in accordance with the utilization | ||||||
| 12 | review requirements under Section 85 of the Managed Care Reform | ||||||
| 13 | and Patient Rights Act.
| ||||||
| 14 | (Source: P.A. 101-574, eff. 1-1-20; revised 10-16-19.)
| ||||||
| 15 | (215 ILCS 5/368g) | ||||||
| 16 | Sec. 368g. Time-based billing. | ||||||
| 17 | (a) As used in this Section, "CPT code" means the medical | ||||||
| 18 | billing code set contained in the most recent version of the | ||||||
| 19 | Current Procedural Terminology code book published by the | ||||||
| 20 | American Medical Association. | ||||||
| 21 | (b) A health care plan requiring a health care provider to | ||||||
| 22 | use a time-based CPT code to bill for health care services | ||||||
| 23 | shall not apply a time measurement standard that results in | ||||||
| 24 | fewer units billed than allowed by the CPT code book, except as | ||||||
| 25 | required by federal law for federally funded federally-funded | ||||||
| |||||||
| |||||||
| 1 | patients.
| ||||||
| 2 | (Source: P.A. 101-119, eff. 7-22-19; revised 9-26-19.)
| ||||||
| 3 | (215 ILCS 5/370c) (from Ch. 73, par. 982c)
| ||||||
| 4 | Sec. 370c. Mental and emotional disorders.
| ||||||
| 5 | (a)(1) On and after August 16, 2019 January 1, 2019 (the | ||||||
| 6 | effective date of Public Act 101-386 this amendatory Act of the | ||||||
| 7 | 101st General Assembly Public Act 100-1024),
every insurer that | ||||||
| 8 | amends, delivers, issues, or renews
group accident and health | ||||||
| 9 | policies providing coverage for hospital or medical treatment | ||||||
| 10 | or
services for illness on an expense-incurred basis shall | ||||||
| 11 | provide coverage for reasonable and necessary treatment and | ||||||
| 12 | services
for mental, emotional, nervous, or substance use | ||||||
| 13 | disorders or conditions consistent with the parity | ||||||
| 14 | requirements of Section 370c.1 of this Code.
| ||||||
| 15 | (2) Each insured that is covered for mental, emotional, | ||||||
| 16 | nervous, or substance use
disorders or conditions shall be free | ||||||
| 17 | to select the physician licensed to
practice medicine in all | ||||||
| 18 | its branches, licensed clinical psychologist,
licensed | ||||||
| 19 | clinical social worker, licensed clinical professional | ||||||
| 20 | counselor, licensed marriage and family therapist, licensed | ||||||
| 21 | speech-language pathologist, or other licensed or certified | ||||||
| 22 | professional at a program licensed pursuant to the Substance | ||||||
| 23 | Use Disorder Act of
his choice to treat such disorders, and
the | ||||||
| 24 | insurer shall pay the covered charges of such physician | ||||||
| 25 | licensed to
practice medicine in all its branches, licensed | ||||||
| |||||||
| |||||||
| 1 | clinical psychologist,
licensed clinical social worker, | ||||||
| 2 | licensed clinical professional counselor, licensed marriage | ||||||
| 3 | and family therapist, licensed speech-language pathologist, or | ||||||
| 4 | other licensed or certified professional at a program licensed | ||||||
| 5 | pursuant to the Substance Use Disorder Act up
to the limits of | ||||||
| 6 | coverage, provided (i)
the disorder or condition treated is | ||||||
| 7 | covered by the policy, and (ii) the
physician, licensed | ||||||
| 8 | psychologist, licensed clinical social worker, licensed
| ||||||
| 9 | clinical professional counselor, licensed marriage and family | ||||||
| 10 | therapist, licensed speech-language pathologist, or other | ||||||
| 11 | licensed or certified professional at a program licensed | ||||||
| 12 | pursuant to the Substance Use Disorder Act is
authorized to | ||||||
| 13 | provide said services under the statutes of this State and in
| ||||||
| 14 | accordance with accepted principles of his profession.
| ||||||
| 15 | (3) Insofar as this Section applies solely to licensed | ||||||
| 16 | clinical social
workers, licensed clinical professional | ||||||
| 17 | counselors, licensed marriage and family therapists, licensed | ||||||
| 18 | speech-language pathologists, and other licensed or certified | ||||||
| 19 | professionals at programs licensed pursuant to the Substance | ||||||
| 20 | Use Disorder Act, those persons who may
provide services to | ||||||
| 21 | individuals shall do so
after the licensed clinical social | ||||||
| 22 | worker, licensed clinical professional
counselor, licensed | ||||||
| 23 | marriage and family therapist, licensed speech-language | ||||||
| 24 | pathologist, or other licensed or certified professional at a | ||||||
| 25 | program licensed pursuant to the Substance Use Disorder Act has | ||||||
| 26 | informed the patient of the
desirability of the patient | ||||||
| |||||||
| |||||||
| 1 | conferring with the patient's primary care
physician.
| ||||||
| 2 | (4) "Mental, emotional, nervous, or substance use disorder | ||||||
| 3 | or condition" means a condition or disorder that involves a | ||||||
| 4 | mental health condition or substance use disorder that falls | ||||||
| 5 | under any of the diagnostic categories listed in the mental and | ||||||
| 6 | behavioral disorders chapter of the current edition of the | ||||||
| 7 | International Classification of Disease or that is listed in | ||||||
| 8 | the most recent version of the Diagnostic and Statistical | ||||||
| 9 | Manual of Mental Disorders. "Mental, emotional, nervous, or | ||||||
| 10 | substance use disorder or condition" includes any mental health | ||||||
| 11 | condition that occurs during pregnancy or during the postpartum | ||||||
| 12 | period and includes, but is not limited to, postpartum | ||||||
| 13 | depression. | ||||||
| 14 | (b)(1) (Blank).
| ||||||
| 15 | (2) (Blank).
| ||||||
| 16 | (2.5) (Blank). | ||||||
| 17 | (3) Unless otherwise prohibited by federal law and | ||||||
| 18 | consistent with the parity requirements of Section 370c.1 of | ||||||
| 19 | this Code, the reimbursing insurer that amends, delivers, | ||||||
| 20 | issues, or renews a group or individual policy of accident and | ||||||
| 21 | health insurance, a qualified health plan offered through the | ||||||
| 22 | health insurance marketplace, or a provider of treatment of | ||||||
| 23 | mental, emotional, nervous,
or substance use disorders or | ||||||
| 24 | conditions shall furnish medical records or other necessary | ||||||
| 25 | data
that substantiate that initial or continued treatment is | ||||||
| 26 | at all times medically
necessary. An insurer shall provide a | ||||||
| |||||||
| |||||||
| 1 | mechanism for the timely review by a
provider holding the same | ||||||
| 2 | license and practicing in the same specialty as the
patient's | ||||||
| 3 | provider, who is unaffiliated with the insurer, jointly | ||||||
| 4 | selected by
the patient (or the patient's next of kin or legal | ||||||
| 5 | representative if the
patient is unable to act for himself or | ||||||
| 6 | herself), the patient's provider, and
the insurer in the event | ||||||
| 7 | of a dispute between the insurer and patient's
provider | ||||||
| 8 | regarding the medical necessity of a treatment proposed by a | ||||||
| 9 | patient's
provider. If the reviewing provider determines the | ||||||
| 10 | treatment to be medically
necessary, the insurer shall provide | ||||||
| 11 | reimbursement for the treatment. Future
contractual or | ||||||
| 12 | employment actions by the insurer regarding the patient's
| ||||||
| 13 | provider may not be based on the provider's participation in | ||||||
| 14 | this procedure.
Nothing prevents
the insured from agreeing in | ||||||
| 15 | writing to continue treatment at his or her
expense. When | ||||||
| 16 | making a determination of the medical necessity for a treatment
| ||||||
| 17 | modality for mental, emotional, nervous, or substance use | ||||||
| 18 | disorders or conditions, an insurer must make the determination | ||||||
| 19 | in a
manner that is consistent with the manner used to make | ||||||
| 20 | that determination with
respect to other diseases or illnesses | ||||||
| 21 | covered under the policy, including an
appeals process. Medical | ||||||
| 22 | necessity determinations for substance use disorders shall be | ||||||
| 23 | made in accordance with appropriate patient placement criteria | ||||||
| 24 | established by the American Society of Addiction Medicine. No | ||||||
| 25 | additional criteria may be used to make medical necessity | ||||||
| 26 | determinations for substance use disorders.
| ||||||
| |||||||
| |||||||
| 1 | (4) A group health benefit plan amended, delivered, issued, | ||||||
| 2 | or renewed on or after January 1, 2019 (the effective date of | ||||||
| 3 | Public Act 100-1024) or an individual policy of accident and | ||||||
| 4 | health insurance or a qualified health plan offered through the | ||||||
| 5 | health insurance marketplace amended, delivered, issued, or | ||||||
| 6 | renewed on or after January 1, 2019 (the effective date of | ||||||
| 7 | Public Act 100-1024):
| ||||||
| 8 | (A) shall provide coverage based upon medical | ||||||
| 9 | necessity for the
treatment of a mental, emotional, | ||||||
| 10 | nervous, or substance use disorder or condition consistent | ||||||
| 11 | with the parity requirements of Section 370c.1 of this | ||||||
| 12 | Code; provided, however, that in each calendar year | ||||||
| 13 | coverage shall not be less than the following:
| ||||||
| 14 | (i) 45 days of inpatient treatment; and
| ||||||
| 15 | (ii) beginning on June 26, 2006 (the effective date | ||||||
| 16 | of Public Act 94-921), 60 visits for outpatient | ||||||
| 17 | treatment including group and individual
outpatient | ||||||
| 18 | treatment; and | ||||||
| 19 | (iii) for plans or policies delivered, issued for | ||||||
| 20 | delivery, renewed, or modified after January 1, 2007 | ||||||
| 21 | (the effective date of Public Act 94-906),
20 | ||||||
| 22 | additional outpatient visits for speech therapy for | ||||||
| 23 | treatment of pervasive developmental disorders that | ||||||
| 24 | will be in addition to speech therapy provided pursuant | ||||||
| 25 | to item (ii) of this subparagraph (A); and
| ||||||
| 26 | (B) may not include a lifetime limit on the number of | ||||||
| |||||||
| |||||||
| 1 | days of inpatient
treatment or the number of outpatient | ||||||
| 2 | visits covered under the plan.
| ||||||
| 3 | (C) (Blank).
| ||||||
| 4 | (5) An issuer of a group health benefit plan or an | ||||||
| 5 | individual policy of accident and health insurance or a | ||||||
| 6 | qualified health plan offered through the health insurance | ||||||
| 7 | marketplace may not count toward the number
of outpatient | ||||||
| 8 | visits required to be covered under this Section an outpatient
| ||||||
| 9 | visit for the purpose of medication management and shall cover | ||||||
| 10 | the outpatient
visits under the same terms and conditions as it | ||||||
| 11 | covers outpatient visits for
the treatment of physical illness.
| ||||||
| 12 | (5.5) An individual or group health benefit plan amended, | ||||||
| 13 | delivered, issued, or renewed on or after September 9, 2015 | ||||||
| 14 | (the effective date of Public Act 99-480) shall offer coverage | ||||||
| 15 | for medically necessary acute treatment services and medically | ||||||
| 16 | necessary clinical stabilization services. The treating | ||||||
| 17 | provider shall base all treatment recommendations and the | ||||||
| 18 | health benefit plan shall base all medical necessity | ||||||
| 19 | determinations for substance use disorders in accordance with | ||||||
| 20 | the most current edition of the Treatment Criteria for | ||||||
| 21 | Addictive, Substance-Related, and Co-Occurring Conditions | ||||||
| 22 | established by the American Society of Addiction Medicine. The | ||||||
| 23 | treating provider shall base all treatment recommendations and | ||||||
| 24 | the health benefit plan shall base all medical necessity | ||||||
| 25 | determinations for medication-assisted treatment in accordance | ||||||
| 26 | with the most current Treatment Criteria for Addictive, | ||||||
| |||||||
| |||||||
| 1 | Substance-Related, and Co-Occurring Conditions established by | ||||||
| 2 | the American Society of Addiction Medicine. | ||||||
| 3 | As used in this subsection: | ||||||
| 4 | "Acute treatment services" means 24-hour medically | ||||||
| 5 | supervised addiction treatment that provides evaluation and | ||||||
| 6 | withdrawal management and may include biopsychosocial | ||||||
| 7 | assessment, individual and group counseling, psychoeducational | ||||||
| 8 | groups, and discharge planning. | ||||||
| 9 | "Clinical stabilization services" means 24-hour treatment, | ||||||
| 10 | usually following acute treatment services for substance | ||||||
| 11 | abuse, which may include intensive education and counseling | ||||||
| 12 | regarding the nature of addiction and its consequences, relapse | ||||||
| 13 | prevention, outreach to families and significant others, and | ||||||
| 14 | aftercare planning for individuals beginning to engage in | ||||||
| 15 | recovery from addiction. | ||||||
| 16 | (6) An issuer of a group health benefit
plan may provide or | ||||||
| 17 | offer coverage required under this Section through a
managed | ||||||
| 18 | care plan.
| ||||||
| 19 | (6.5) An individual or group health benefit plan amended, | ||||||
| 20 | delivered, issued, or renewed on or after January 1, 2019 (the | ||||||
| 21 | effective date of Public Act 100-1024): | ||||||
| 22 | (A) shall not impose prior authorization requirements, | ||||||
| 23 | other than those established under the Treatment Criteria | ||||||
| 24 | for Addictive, Substance-Related, and Co-Occurring | ||||||
| 25 | Conditions established by the American Society of | ||||||
| 26 | Addiction Medicine, on a prescription medication approved | ||||||
| |||||||
| |||||||
| 1 | by the United States Food and Drug Administration that is | ||||||
| 2 | prescribed or administered for the treatment of substance | ||||||
| 3 | use disorders; | ||||||
| 4 | (B) shall not impose any step therapy requirements, | ||||||
| 5 | other than those established under the Treatment Criteria | ||||||
| 6 | for Addictive, Substance-Related, and Co-Occurring | ||||||
| 7 | Conditions established by the American Society of | ||||||
| 8 | Addiction Medicine, before authorizing coverage for a | ||||||
| 9 | prescription medication approved by the United States Food | ||||||
| 10 | and Drug Administration that is prescribed or administered | ||||||
| 11 | for the treatment of substance use disorders; | ||||||
| 12 | (C) shall place all prescription medications approved | ||||||
| 13 | by the United States Food and Drug Administration | ||||||
| 14 | prescribed or administered for the treatment of substance | ||||||
| 15 | use disorders on, for brand medications, the lowest tier of | ||||||
| 16 | the drug formulary developed and maintained by the | ||||||
| 17 | individual or group health benefit plan that covers brand | ||||||
| 18 | medications and, for generic medications, the lowest tier | ||||||
| 19 | of the drug formulary developed and maintained by the | ||||||
| 20 | individual or group health benefit plan that covers generic | ||||||
| 21 | medications; and | ||||||
| 22 | (D) shall not exclude coverage for a prescription | ||||||
| 23 | medication approved by the United States Food and Drug | ||||||
| 24 | Administration for the treatment of substance use | ||||||
| 25 | disorders and any associated counseling or wraparound | ||||||
| 26 | services on the grounds that such medications and services | ||||||
| |||||||
| |||||||
| 1 | were court ordered. | ||||||
| 2 | (7) (Blank).
| ||||||
| 3 | (8)
(Blank).
| ||||||
| 4 | (9) With respect to all mental, emotional, nervous, or | ||||||
| 5 | substance use disorders or conditions, coverage for inpatient | ||||||
| 6 | treatment shall include coverage for treatment in a residential | ||||||
| 7 | treatment center certified or licensed by the Department of | ||||||
| 8 | Public Health or the Department of Human Services. | ||||||
| 9 | (c) This Section shall not be interpreted to require | ||||||
| 10 | coverage for speech therapy or other habilitative services for | ||||||
| 11 | those individuals covered under Section 356z.15
of this Code. | ||||||
| 12 | (d) With respect to a group or individual policy of | ||||||
| 13 | accident and health insurance or a qualified health plan | ||||||
| 14 | offered through the health insurance marketplace, the | ||||||
| 15 | Department and, with respect to medical assistance, the | ||||||
| 16 | Department of Healthcare and Family Services shall each enforce | ||||||
| 17 | the requirements of this Section and Sections 356z.23 and | ||||||
| 18 | 370c.1 of this Code, the Paul Wellstone and Pete Domenici | ||||||
| 19 | Mental Health Parity and Addiction Equity Act of 2008, 42 | ||||||
| 20 | U.S.C. 18031(j), and any amendments to, and federal guidance or | ||||||
| 21 | regulations issued under, those Acts, including, but not | ||||||
| 22 | limited to, final regulations issued under the Paul Wellstone | ||||||
| 23 | and Pete Domenici Mental Health Parity and Addiction Equity Act | ||||||
| 24 | of 2008 and final regulations applying the Paul Wellstone and | ||||||
| 25 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
| 26 | 2008 to Medicaid managed care organizations, the Children's | ||||||
| |||||||
| |||||||
| 1 | Health Insurance Program, and alternative benefit plans. | ||||||
| 2 | Specifically, the Department and the Department of Healthcare | ||||||
| 3 | and Family Services shall take action: | ||||||
| 4 | (1) proactively ensuring compliance by individual and | ||||||
| 5 | group policies, including by requiring that insurers | ||||||
| 6 | submit comparative analyses, as set forth in paragraph (6) | ||||||
| 7 | of subsection (k) of Section 370c.1, demonstrating how they | ||||||
| 8 | design and apply nonquantitative treatment limitations, | ||||||
| 9 | both as written and in operation, for mental, emotional, | ||||||
| 10 | nervous, or substance use disorder or condition benefits as | ||||||
| 11 | compared to how they design and apply nonquantitative | ||||||
| 12 | treatment limitations, as written and in operation, for | ||||||
| 13 | medical and surgical benefits; | ||||||
| 14 | (2) evaluating all consumer or provider complaints | ||||||
| 15 | regarding mental, emotional, nervous, or substance use | ||||||
| 16 | disorder or condition coverage for possible parity | ||||||
| 17 | violations; | ||||||
| 18 | (3) performing parity compliance market conduct | ||||||
| 19 | examinations or, in the case of the Department of | ||||||
| 20 | Healthcare and Family Services, parity compliance audits | ||||||
| 21 | of individual and group plans and policies, including, but | ||||||
| 22 | not limited to, reviews of: | ||||||
| 23 | (A) nonquantitative treatment limitations, | ||||||
| 24 | including, but not limited to, prior authorization | ||||||
| 25 | requirements, concurrent review, retrospective review, | ||||||
| 26 | step therapy, network admission standards, | ||||||
| |||||||
| |||||||
| 1 | reimbursement rates, and geographic restrictions; | ||||||
| 2 | (B) denials of authorization, payment, and | ||||||
| 3 | coverage; and | ||||||
| 4 | (C) other specific criteria as may be determined by | ||||||
| 5 | the Department. | ||||||
| 6 | The findings and the conclusions of the parity compliance | ||||||
| 7 | market conduct examinations and audits shall be made public. | ||||||
| 8 | The Director may adopt rules to effectuate any provisions | ||||||
| 9 | of the Paul Wellstone and Pete Domenici Mental Health Parity | ||||||
| 10 | and Addiction Equity Act of 2008 that relate to the business of | ||||||
| 11 | insurance. | ||||||
| 12 | (e) Availability of plan information. | ||||||
| 13 | (1) The criteria for medical necessity determinations | ||||||
| 14 | made under a group health plan, an individual policy of | ||||||
| 15 | accident and health insurance, or a qualified health plan | ||||||
| 16 | offered through the health insurance marketplace with | ||||||
| 17 | respect to mental health or substance use disorder benefits | ||||||
| 18 | (or health insurance coverage offered in connection with | ||||||
| 19 | the plan with respect to such benefits) must be made | ||||||
| 20 | available by the plan administrator (or the health | ||||||
| 21 | insurance issuer offering such coverage) to any current or | ||||||
| 22 | potential participant, beneficiary, or contracting | ||||||
| 23 | provider upon request. | ||||||
| 24 | (2) The reason for any denial under a group health | ||||||
| 25 | benefit plan, an individual policy of accident and health | ||||||
| 26 | insurance, or a qualified health plan offered through the | ||||||
| |||||||
| |||||||
| 1 | health insurance marketplace (or health insurance coverage | ||||||
| 2 | offered in connection with such plan or policy) of | ||||||
| 3 | reimbursement or payment for services with respect to | ||||||
| 4 | mental, emotional, nervous, or substance use disorders or | ||||||
| 5 | conditions benefits in the case of any participant or | ||||||
| 6 | beneficiary must be made available within a reasonable time | ||||||
| 7 | and in a reasonable manner and in readily understandable | ||||||
| 8 | language by the plan administrator (or the health insurance | ||||||
| 9 | issuer offering such coverage) to the participant or | ||||||
| 10 | beneficiary upon request. | ||||||
| 11 | (f) As used in this Section, "group policy of accident and | ||||||
| 12 | health insurance" and "group health benefit plan" includes (1) | ||||||
| 13 | State-regulated employer-sponsored group health insurance | ||||||
| 14 | plans written in Illinois or which purport to provide coverage | ||||||
| 15 | for a resident of this State; and (2) State employee health | ||||||
| 16 | plans. | ||||||
| 17 | (g) (1) As used in this subsection: | ||||||
| 18 | "Benefits", with respect to insurers, means
the benefits | ||||||
| 19 | provided for treatment services for inpatient and outpatient | ||||||
| 20 | treatment of substance use disorders or conditions at American | ||||||
| 21 | Society of Addiction Medicine levels of treatment 2.1 | ||||||
| 22 | (Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1 | ||||||
| 23 | (Clinically Managed Low-Intensity Residential), 3.3 | ||||||
| 24 | (Clinically Managed Population-Specific High-Intensity | ||||||
| 25 | Residential), 3.5 (Clinically Managed High-Intensity | ||||||
| 26 | Residential), and 3.7 (Medically Monitored Intensive | ||||||
| |||||||
| |||||||
| 1 | Inpatient) and OMT (Opioid Maintenance Therapy) services. | ||||||
| 2 | "Benefits", with respect to managed care organizations, | ||||||
| 3 | means the benefits provided for treatment services for | ||||||
| 4 | inpatient and outpatient treatment of substance use disorders | ||||||
| 5 | or conditions at American Society of Addiction Medicine levels | ||||||
| 6 | of treatment 2.1 (Intensive Outpatient), 2.5 (Partial | ||||||
| 7 | Hospitalization), 3.5 (Clinically Managed High-Intensity | ||||||
| 8 | Residential), and 3.7 (Medically Monitored Intensive | ||||||
| 9 | Inpatient) and OMT (Opioid Maintenance Therapy) services. | ||||||
| 10 | "Substance use disorder treatment provider or facility" | ||||||
| 11 | means a licensed physician, licensed psychologist, licensed | ||||||
| 12 | psychiatrist, licensed advanced practice registered nurse, or | ||||||
| 13 | licensed, certified, or otherwise State-approved facility or | ||||||
| 14 | provider of substance use disorder treatment. | ||||||
| 15 | (2) A group health insurance policy, an individual health | ||||||
| 16 | benefit plan, or qualified health plan that is offered through | ||||||
| 17 | the health insurance marketplace, small employer group health | ||||||
| 18 | plan, and large employer group health plan that is amended, | ||||||
| 19 | delivered, issued, executed, or renewed in this State, or | ||||||
| 20 | approved for issuance or renewal in this State, on or after | ||||||
| 21 | January 1, 2019 (the effective date of Public Act 100-1023) | ||||||
| 22 | shall comply with the requirements of this Section and Section | ||||||
| 23 | 370c.1. The services for the treatment and the ongoing | ||||||
| 24 | assessment of the patient's progress in treatment shall follow | ||||||
| 25 | the requirements of 77 Ill. Adm. Code 2060. | ||||||
| 26 | (3) Prior authorization shall not be utilized for the | ||||||
| |||||||
| |||||||
| 1 | benefits under this subsection. The substance use disorder | ||||||
| 2 | treatment provider or facility shall notify the insurer of the | ||||||
| 3 | initiation of treatment. For an insurer that is not a managed | ||||||
| 4 | care organization, the substance use disorder treatment | ||||||
| 5 | provider or facility notification shall occur for the | ||||||
| 6 | initiation of treatment of the covered person within 2 business | ||||||
| 7 | days. For managed care organizations, the substance use | ||||||
| 8 | disorder treatment provider or facility notification shall | ||||||
| 9 | occur in accordance with the protocol set forth in the provider | ||||||
| 10 | agreement for initiation of treatment within 24 hours. If the | ||||||
| 11 | managed care organization is not capable of accepting the | ||||||
| 12 | notification in accordance with the contractual protocol | ||||||
| 13 | during the 24-hour period following admission, the substance | ||||||
| 14 | use disorder treatment provider or facility shall have one | ||||||
| 15 | additional business day to provide the notification to the | ||||||
| 16 | appropriate managed care organization. Treatment plans shall | ||||||
| 17 | be developed in accordance with the requirements and timeframes | ||||||
| 18 | established in 77 Ill. Adm. Code 2060. If the substance use | ||||||
| 19 | disorder treatment provider or facility fails to notify the | ||||||
| 20 | insurer of the initiation of treatment in accordance with these | ||||||
| 21 | provisions, the insurer may follow its normal prior | ||||||
| 22 | authorization processes. | ||||||
| 23 | (4) For an insurer that is not a managed care organization, | ||||||
| 24 | if an insurer determines that benefits are no longer medically | ||||||
| 25 | necessary, the insurer shall notify the covered person, the | ||||||
| 26 | covered person's authorized representative, if any, and the | ||||||
| |||||||
| |||||||
| 1 | covered person's health care provider in writing of the covered | ||||||
| 2 | person's right to request an external review pursuant to the | ||||||
| 3 | Health Carrier External Review Act. The notification shall | ||||||
| 4 | occur within 24 hours following the adverse determination. | ||||||
| 5 | Pursuant to the requirements of the Health Carrier External | ||||||
| 6 | Review Act, the covered person or the covered person's | ||||||
| 7 | authorized representative may request an expedited external | ||||||
| 8 | review.
An expedited external review may not occur if the | ||||||
| 9 | substance use disorder treatment provider or facility | ||||||
| 10 | determines that continued treatment is no longer medically | ||||||
| 11 | necessary. Under this subsection, a request for expedited | ||||||
| 12 | external review must be initiated within 24 hours following the | ||||||
| 13 | adverse determination notification by the insurer. Failure to | ||||||
| 14 | request an expedited external review within 24 hours shall | ||||||
| 15 | preclude a covered person or a covered person's authorized | ||||||
| 16 | representative from requesting an expedited external review. | ||||||
| 17 | If an expedited external review request meets the criteria | ||||||
| 18 | of the Health Carrier External Review Act, an independent | ||||||
| 19 | review organization shall make a final determination of medical | ||||||
| 20 | necessity within 72 hours. If an independent review | ||||||
| 21 | organization upholds an adverse determination, an insurer | ||||||
| 22 | shall remain responsible to provide coverage of benefits | ||||||
| 23 | through the day following the determination of the independent | ||||||
| 24 | review organization. A decision to reverse an adverse | ||||||
| 25 | determination shall comply with the Health Carrier External | ||||||
| 26 | Review Act. | ||||||
| |||||||
| |||||||
| 1 | (5) The substance use disorder treatment provider or | ||||||
| 2 | facility shall provide the insurer with 7 business days' | ||||||
| 3 | advance notice of the planned discharge of the patient from the | ||||||
| 4 | substance use disorder treatment provider or facility and | ||||||
| 5 | notice on the day that the patient is discharged from the | ||||||
| 6 | substance use disorder treatment provider or facility. | ||||||
| 7 | (6) The benefits required by this subsection shall be | ||||||
| 8 | provided to all covered persons with a diagnosis of substance | ||||||
| 9 | use disorder or conditions. The presence of additional related | ||||||
| 10 | or unrelated diagnoses shall not be a basis to reduce or deny | ||||||
| 11 | the benefits required by this subsection. | ||||||
| 12 | (7) Nothing in this subsection shall be construed to | ||||||
| 13 | require an insurer to provide coverage for any of the benefits | ||||||
| 14 | in this subsection. | ||||||
| 15 | (Source: P.A. 100-305, eff. 8-24-17; 100-1023, eff. 1-1-19; | ||||||
| 16 | 100-1024, eff. 1-1-19; 101-81, eff. 7-12-19; 101-386, eff. | ||||||
| 17 | 8-16-19; revised 9-20-19.)
| ||||||
| 18 | (215 ILCS 5/534.3) (from Ch. 73, par. 1065.84-3)
| ||||||
| 19 | Sec. 534.3. Covered claim; unearned premium defined.
| ||||||
| 20 | (a) "Covered claim" means an unpaid claim for a loss
| ||||||
| 21 | arising out of and within the
coverage of an insurance policy | ||||||
| 22 | to which this Article applies and which
is in force at the time | ||||||
| 23 | of the occurrence giving rise to the unpaid
claim, including | ||||||
| 24 | claims presented during any extended discovery period
which was | ||||||
| 25 | purchased from the company before the entry of a liquidation
| ||||||
| |||||||
| |||||||
| 1 | order or which is purchased or obtained from the liquidator | ||||||
| 2 | after the entry
of a liquidation order, made by a person | ||||||
| 3 | insured under such policy or by a
person
suffering injury or | ||||||
| 4 | damage for which a person insured under such policy
is legally | ||||||
| 5 | liable, and for unearned premium, if:
| ||||||
| 6 | (i) The company issuing, assuming, or being allocated | ||||||
| 7 | the policy becomes an insolvent
company as defined in | ||||||
| 8 | Section 534.4
after the effective date of this Article; and
| ||||||
| 9 | (ii) The claimant or insured is a resident of this | ||||||
| 10 | State at the time
of the insured occurrence, or the | ||||||
| 11 | property from which a first party
claim for damage to | ||||||
| 12 | property arises is
permanently located in this State or, in | ||||||
| 13 | the case of an unearned premium
claim, the policyholder is | ||||||
| 14 | a resident of this State at the time the policy
was issued; | ||||||
| 15 | provided, that for entities other than an individual, the
| ||||||
| 16 | residence of a claimant, insured, or policyholder is the | ||||||
| 17 | state
in which its principal
place of business is located | ||||||
| 18 | at the time of the insured event.
| ||||||
| 19 | (b) "Covered claim" does not include:
| ||||||
| 20 | (i) any amount in excess of the applicable limits of | ||||||
| 21 | liability
provided by an insurance policy to which this | ||||||
| 22 | Article applies; nor
| ||||||
| 23 | (ii) any claim for punitive or exemplary damages or | ||||||
| 24 | fines and penalties paid to government authorities; nor
| ||||||
| 25 | (iii) any first party claim by an insured who is an | ||||||
| 26 | affiliate of the
insolvent company; nor
| ||||||
| |||||||
| |||||||
| 1 | (iv) any first party or third party claim by or against | ||||||
| 2 | an insured
whose net worth on December 31
of the year next | ||||||
| 3 | preceding the date the insurer becomes an insolvent
insurer | ||||||
| 4 | exceeds $25,000,000; provided that an insured's net
worth | ||||||
| 5 | on such
date shall be deemed to include the aggregate net | ||||||
| 6 | worth of the insured and
all of its affiliates as | ||||||
| 7 | calculated on a consolidated basis. However, this
| ||||||
| 8 | exclusion shall not apply to third party claims against the | ||||||
| 9 | insured where the
insured has applied for or consented to | ||||||
| 10 | the appointment of a receiver, trustee,
or liquidator for | ||||||
| 11 | all or a substantial part of its assets, filed a voluntary
| ||||||
| 12 | petition in bankruptcy, filed a petition or an answer | ||||||
| 13 | seeking a reorganization
or arrangement with creditors or | ||||||
| 14 | to take advantage of any insolvency law, or
if an order, | ||||||
| 15 | judgment, or decree is entered by a court of competent
| ||||||
| 16 | jurisdiction, on the application of a creditor, | ||||||
| 17 | adjudicating the insured
bankrupt or insolvent or | ||||||
| 18 | approving a petition seeking reorganization of the
insured | ||||||
| 19 | or of all or substantial part of its assets; nor
| ||||||
| 20 | (v) any claim for any amount due any reinsurer, | ||||||
| 21 | insurer,
insurance pool, or underwriting association as | ||||||
| 22 | subrogated
recoveries, reinsurance recoverables, | ||||||
| 23 | contribution, indemnification or
otherwise. No such claim | ||||||
| 24 | held by a reinsurer,
insurer, insurance pool, or | ||||||
| 25 | underwriting association may be asserted in any
legal | ||||||
| 26 | action
against a person insured under a policy issued by an | ||||||
| |||||||
| |||||||
| 1 | insolvent
company other than to the extent such claim | ||||||
| 2 | exceeds the Fund
obligation limitations set forth in | ||||||
| 3 | Section 537.2 of this Code.
| ||||||
| 4 | (c) "Unearned Premium" means the premium for the unexpired | ||||||
| 5 | period of a
policy which has been terminated prior to the | ||||||
| 6 | expiration of the period for
which premium has been paid and | ||||||
| 7 | does not mean premium which is returnable
to the insured for | ||||||
| 8 | any other reason.
| ||||||
| 9 | (Source: P.A. 100-1190, eff. 4-5-19; 101-60, eff. 7-12-19; | ||||||
| 10 | revised 9-20-19.)
| ||||||
| 11 | Section 415. The Dental Service Plan Act is amended by | ||||||
| 12 | changing Section 47 as follows:
| ||||||
| 13 | (215 ILCS 110/47) (from Ch. 32, par. 690.47)
| ||||||
| 14 | Sec. 47. Continuance privilege; group privilege - Group | ||||||
| 15 | type contracts contacts. | ||||||
| 16 | (1) Every
service plan contract of a dental service plan | ||||||
| 17 | corporation which
provides that the continued coverage of a | ||||||
| 18 | beneficiary is contingent upon
the continued employment of the | ||||||
| 19 | subscriber with a particular employer shall
further provide for | ||||||
| 20 | the continuance of such contract in accordance with
the | ||||||
| 21 | requirements set forth in Section 367.2 of the "Illinois | ||||||
| 22 | Insurance Code",
approved June 29, 1937, as amended.
| ||||||
| 23 | (2) The requirements of this Section shall apply to all | ||||||
| 24 | such contracts
delivered, issued for delivery, renewed, or | ||||||
| |||||||
| |||||||
| 1 | amended on or after December 1, 1985 (the effective
date of | ||||||
| 2 | Public Act 84-556) this amendatory Act of 1985.
| ||||||
| 3 | (Source: P.A. 84-556; revised 8-23-19.)
| ||||||
| 4 | Section 420. The Health Maintenance Organization Act is | ||||||
| 5 | amended by changing Section 5-5 as follows:
| ||||||
| 6 | (215 ILCS 125/5-5) (from Ch. 111 1/2, par. 1413)
| ||||||
| 7 | Sec. 5-5. Suspension, revocation, or denial of | ||||||
| 8 | certification of authority. The Director may suspend or revoke | ||||||
| 9 | any certificate of authority issued
to a health maintenance | ||||||
| 10 | organization under this Act or deny an
application for a | ||||||
| 11 | certificate of authority if he finds any of the
following:
| ||||||
| 12 | (a) The health maintenance organization is operating | ||||||
| 13 | significantly
in contravention of its basic organizational | ||||||
| 14 | document, its health care
plan, or in a manner contrary to | ||||||
| 15 | that described in any information
submitted under Section | ||||||
| 16 | 2-1 or 4-12.
| ||||||
| 17 | (b) The health maintenance organization issues | ||||||
| 18 | contracts or
evidences of coverage or uses a schedule of | ||||||
| 19 | charges for health care
services that do not comply with | ||||||
| 20 | the requirement of Section 2-1
or 4-12.
| ||||||
| 21 | (c) The health care plan does not provide or arrange | ||||||
| 22 | for basic health
care services, except as provided in | ||||||
| 23 | Section 4-13 concerning mental health
services for clients | ||||||
| 24 | of the Department of Children and Family Services.
| ||||||
| |||||||
| |||||||
| 1 | (d) The Director of Public Health certifies to the | ||||||
| 2 | Director that
(1) the health maintenance organization does | ||||||
| 3 | not meet the requirements of
Section 2-2 or (2) the health | ||||||
| 4 | maintenance organization is unable to fulfill
its | ||||||
| 5 | obligations to furnish health care services as required | ||||||
| 6 | under its
health care plan. The Department of Public Health | ||||||
| 7 | shall promulgate by
rule, pursuant to the Illinois | ||||||
| 8 | Administrative Procedure Act, the precise
standards used | ||||||
| 9 | for determining what constitutes a material
| ||||||
| 10 | misrepresentation, what constitutes a material violation | ||||||
| 11 | of a contract or
evidence of coverage, or what constitutes | ||||||
| 12 | good faith with regard to
certification under this | ||||||
| 13 | paragraph.
| ||||||
| 14 | (e) The health maintenance organization is no longer | ||||||
| 15 | financially
responsible and may reasonably be expected to | ||||||
| 16 | be unable to meet its
obligations to enrollees or | ||||||
| 17 | prospective enrollees.
| ||||||
| 18 | (f) The health maintenance organization, or any person | ||||||
| 19 | on its behalf,
has advertised or merchandised its services | ||||||
| 20 | in an untrue, misrepresentative,
misleading, deceptive, or | ||||||
| 21 | unfair manner.
| ||||||
| 22 | (g) The continued operation of the health maintenance | ||||||
| 23 | organization would
be hazardous to its enrollees.
| ||||||
| 24 | (h) The health maintenance organization has neglected | ||||||
| 25 | to correct, within the
time prescribed by subsection (c) of | ||||||
| 26 | Section 2-4, any deficiency occurring due
to the | ||||||
| |||||||
| |||||||
| 1 | organization's prescribed minimum net worth or special | ||||||
| 2 | contingent
reserve being impaired.
| ||||||
| 3 | (i) The health maintenance organization has otherwise | ||||||
| 4 | failed to
substantially comply with this Act.
| ||||||
| 5 | (j) The health maintenance organization has failed to | ||||||
| 6 | meet the
requirements for issuance of a certificate of | ||||||
| 7 | authority set forth in
Section 2-2.
| ||||||
| 8 | When the certificate of authority of a health | ||||||
| 9 | maintenance organization
is revoked, the organization | ||||||
| 10 | shall proceed, immediately following the
effective date of | ||||||
| 11 | the order of revocation, to wind up its affairs and shall
| ||||||
| 12 | conduct no further business except as may be essential to | ||||||
| 13 | the orderly
conclusion of the affairs of the organization. | ||||||
| 14 | The Director may permit further
operation of the | ||||||
| 15 | organization that he finds to be in the best interest of
| ||||||
| 16 | enrollees to the end that the enrollees will be afforded | ||||||
| 17 | the greatest practical
opportunity to obtain health care | ||||||
| 18 | services.
| ||||||
| 19 | (k) The health maintenance organization has failed to | ||||||
| 20 | pay any assessment due under Article V-H of the Illinois | ||||||
| 21 | Public Aid Code for 60 days following the due date of the | ||||||
| 22 | payment (as extended by any grace period granted). | ||||||
| 23 | (Source: P.A. 101-9, eff. 6-5-19; revised 8-23-19.)
| ||||||
| 24 | Section 430. The Use of Credit Information in Personal | ||||||
| 25 | Insurance Act is amended by changing Section 10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (215 ILCS 157/10)
| ||||||
| 2 | Sec. 10. Scope. This Act applies to personal insurance and | ||||||
| 3 | not to
commercial
insurance. For purposes of this Act, | ||||||
| 4 | "personal insurance" means private
passenger
automobile, | ||||||
| 5 | homeowners, motorcycle, mobile-homeowners and non-commercial
| ||||||
| 6 | dwelling fire insurance policies, and boat, personal | ||||||
| 7 | watercraft, snowmobile,
and
recreational vehicle policies | ||||||
| 8 | polices. Such policies must be individually underwritten
for
| ||||||
| 9 | personal, family, or household use. No other type of insurance | ||||||
| 10 | shall be
included as
personal insurance for the purpose of this | ||||||
| 11 | Act.
| ||||||
| 12 | (Source: P.A. 93-114, eff. 10-1-03; revised 8-23-19.)
| ||||||
| 13 | Section 435. The Voluntary Health Services Plans Act is | ||||||
| 14 | amended by changing Section 15.6-1 as follows:
| ||||||
| 15 | (215 ILCS 165/15.6-1) (from Ch. 32, par. 609.6-1)
| ||||||
| 16 | Sec. 15.6-1. Continuance privilege; group privilege - | ||||||
| 17 | Group type contracts contacts. | ||||||
| 18 | (1) Every
service plan contract of a health service plan | ||||||
| 19 | corporation which
provides that the continued coverage of a | ||||||
| 20 | beneficiary is contingent upon
the continued employment of the | ||||||
| 21 | subscriber with a particular employer shall
further provide for | ||||||
| 22 | the continuance of such contract in accordance with
the | ||||||
| 23 | requirements set forth in Section 367.2 of the "Illinois | ||||||
| |||||||
| |||||||
| 1 | Insurance Code",
approved June 29, 1937, as amended.
| ||||||
| 2 | (2) The requirements of this Section shall apply to all | ||||||
| 3 | such contracts
delivered, issued for delivery, renewed or | ||||||
| 4 | amended on or after December 1, 1985 (the effective
date of | ||||||
| 5 | Public Act 84-556) this amendatory Act of 1985.
| ||||||
| 6 | (Source: P.A. 84-556; revised 8-23-19.)
| ||||||
| 7 | Section 440. The Organ Transplant Medication Notification | ||||||
| 8 | Act is amended by changing Section 10 as follows:
| ||||||
| 9 | (215 ILCS 175/10)
| ||||||
| 10 | Sec. 10. Definitions. For the purpose of this Act: | ||||||
| 11 | "Health insurance policy or health care service plan" means | ||||||
| 12 | any policy of health or accident insurance subject to the | ||||||
| 13 | provisions of the Illinois Insurance Code, Health Maintenance | ||||||
| 14 | Organization Act, Voluntary Health Services Plans Plan Act, | ||||||
| 15 | Counties Code, Illinois Municipal Code, School Code, and State | ||||||
| 16 | Employees Group Insurance Act of 1971. | ||||||
| 17 | "Immunosuppressant drugs" mean drugs that are used in | ||||||
| 18 | immunosuppressive therapy to inhibit or prevent the activity of | ||||||
| 19 | the immune system. "Immunosuppressant drugs" are used | ||||||
| 20 | clinically to prevent the rejection of transplanted organs and | ||||||
| 21 | tissues. "Immunosuppressant drugs" do not include drugs for the | ||||||
| 22 | treatment of autoimmune diseases or diseases that are most | ||||||
| 23 | likely of autoimmune origin.
| ||||||
| 24 | (Source: P.A. 96-766, eff. 1-1-10; revised 8-23-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 445. The Public Utilities Act is amended by | ||||||
| 2 | changing Sections 5-117, 13-507.1, and 16-130 as follows:
| ||||||
| 3 | (220 ILCS 5/5-117) | ||||||
| 4 | Sec. 5-117. Supplier diversity goals. | ||||||
| 5 | (a) The public policy of this State is to collaboratively | ||||||
| 6 | work with companies that serve Illinois residents to improve | ||||||
| 7 | their supplier diversity in a non-antagonistic manner. | ||||||
| 8 | (b) The Commission shall require all gas, electric, and | ||||||
| 9 | water companies with at least 100,000 customers under its | ||||||
| 10 | authority, as well as suppliers of wind energy, solar energy,
| ||||||
| 11 | hydroelectricity, nuclear energy, and any other supplier of
| ||||||
| 12 | energy within this State, to submit an annual report by April | ||||||
| 13 | 15, 2015 and every April 15 thereafter, in a searchable Adobe | ||||||
| 14 | PDF format, on all procurement goals and actual spending for | ||||||
| 15 | female-owned, minority-owned, veteran-owned, and small | ||||||
| 16 | business enterprises in the previous calendar year. These goals | ||||||
| 17 | shall be expressed as a percentage of the total work performed | ||||||
| 18 | by the entity submitting the report, and the actual spending | ||||||
| 19 | for all female-owned, minority-owned, veteran-owned, and small | ||||||
| 20 | business enterprises shall also be expressed as a percentage of | ||||||
| 21 | the total work performed by the entity submitting the report. | ||||||
| 22 | (c) Each participating company in its annual report shall | ||||||
| 23 | include the following information: | ||||||
| 24 | (1) an explanation of the plan for the next year to | ||||||
| |||||||
| |||||||
| 1 | increase participation; | ||||||
| 2 | (2) an explanation of the plan to increase the goals; | ||||||
| 3 | (3) the areas of procurement each company shall be | ||||||
| 4 | actively seeking more participation in in the next year; | ||||||
| 5 | (4) an outline of the plan to alert and encourage | ||||||
| 6 | potential vendors in that area to seek business from the | ||||||
| 7 | company; | ||||||
| 8 | (5) an explanation of the challenges faced in finding | ||||||
| 9 | quality vendors and offer any suggestions for what the | ||||||
| 10 | Commission could do to be helpful to identify those | ||||||
| 11 | vendors; | ||||||
| 12 | (6) a list of the certifications the company | ||||||
| 13 | recognizes; | ||||||
| 14 | (7) the point of contact for any potential vendor who | ||||||
| 15 | wishes to do business with the company and explain the | ||||||
| 16 | process for a vendor to enroll with the company as a | ||||||
| 17 | minority-owned, women-owned, or veteran-owned company; and | ||||||
| 18 | (8) any particular success stories to encourage other | ||||||
| 19 | companies to emulate best practices. | ||||||
| 20 | (d) Each annual report shall include as much State-specific | ||||||
| 21 | data as possible. If the submitting entity does not submit | ||||||
| 22 | State-specific data, then the company shall include any | ||||||
| 23 | national data it does have and explain why it could not submit | ||||||
| 24 | State-specific data and how it intends to do so in future | ||||||
| 25 | reports, if possible. | ||||||
| 26 | (e) Each annual report shall include the rules, | ||||||
| |||||||
| |||||||
| 1 | regulations, and definitions used for the procurement goals in | ||||||
| 2 | the company's annual report. | ||||||
| 3 | (f) The Commission and all participating entities shall | ||||||
| 4 | hold an annual workshop open to the public in 2015 and every | ||||||
| 5 | year thereafter on the state of supplier diversity to | ||||||
| 6 | collaboratively seek solutions to structural impediments to | ||||||
| 7 | achieving stated goals, including testimony from each | ||||||
| 8 | participating entity as well as subject matter experts and | ||||||
| 9 | advocates. The Commission shall publish a database on its | ||||||
| 10 | website of the point of contact for each participating entity | ||||||
| 11 | for supplier diversity, along with a list of certifications | ||||||
| 12 | each company recognizes from the information submitted in each | ||||||
| 13 | annual report. The Commission shall publish each annual report | ||||||
| 14 | on its website and shall maintain each annual report for at | ||||||
| 15 | least 5 years.
| ||||||
| 16 | (Source: P.A. 98-1056, eff. 8-26-14; 99-906, eff. 6-1-17; | ||||||
| 17 | revised 7-22-19.)
| ||||||
| 18 | (220 ILCS 5/13-507.1) | ||||||
| 19 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 20 | Sec. 13-507.1. In any proceeding permitting, approving, | ||||||
| 21 | investigating, or establishing rates, charges, | ||||||
| 22 | classifications, or tariffs for telecommunications services | ||||||
| 23 | classified as noncompetitive offered or provided by an | ||||||
| 24 | incumbent local exchange carrier as that term is defined in | ||||||
| 25 | Section 13-202.5 13-202.1 of this
Act, the Commission shall not | ||||||
| |||||||
| |||||||
| 1 | allow any subsidy of Internet services, cable services, or | ||||||
| 2 | video services by the rates or charges for local exchange | ||||||
| 3 | telecommunications services, including local services | ||||||
| 4 | classified as noncompetitive.
| ||||||
| 5 | (Source: P.A. 100-20, eff. 7-1-17; revised 7-22-19.)
| ||||||
| 6 | (220 ILCS 5/16-130)
| ||||||
| 7 | Sec. 16-130. Annual reports Reports. | ||||||
| 8 | (a) The General Assembly finds that it is
necessary to have | ||||||
| 9 | reliable and accurate information regarding the transition to
a | ||||||
| 10 | competitive electric industry. In addition to the annual report | ||||||
| 11 | requirements
pursuant to Section 5-109 of this Act, each | ||||||
| 12 | electric utility shall file with
the Commission a report on
the | ||||||
| 13 | following topics in accordance with the schedule set forth in | ||||||
| 14 | subsection
(b) of this Section:
| ||||||
| 15 | (1) Data on each customer class of the electric utility | ||||||
| 16 | in which delivery
services have been elected, including:
| ||||||
| 17 | (A) number of retail customers in each class that | ||||||
| 18 | have elected delivery
service;
| ||||||
| 19 | (B) kilowatt hours consumed by the customers | ||||||
| 20 | described in subparagraph
(A);
| ||||||
| 21 | (C) revenue loss experienced by the utility as a | ||||||
| 22 | result of customers
electing delivery services or | ||||||
| 23 | market-based prices as compared to continued
service | ||||||
| 24 | under otherwise applicable tariffed rates;
| ||||||
| 25 | (D) total amount of funds collected from each | ||||||
| |||||||
| |||||||
| 1 | customer class pursuant to
the transition charges | ||||||
| 2 | authorized in Section 16-108;
| ||||||
| 3 | (E) such Such other information as the Commission | ||||||
| 4 | may by rule require.
| ||||||
| 5 | (2) A description of any steps taken by the electric | ||||||
| 6 | utility to mitigate
and reduce its costs, including both a | ||||||
| 7 | detailed description of steps taken
during the preceding | ||||||
| 8 | calendar year and a summary of steps taken since December | ||||||
| 9 | 16, 1997 (the
effective date of Public Act 90-561) this | ||||||
| 10 | amendatory Act of 1997, and including, to the extent
| ||||||
| 11 | practicable, quantification of the costs mitigated or | ||||||
| 12 | reduced by specific
actions taken by the electric utility.
| ||||||
| 13 | (3) A description of actions taken under Sections | ||||||
| 14 | 5-104,
7-204, 9-220, and 16-111 of this Act. This | ||||||
| 15 | information shall include, but not
be limited to:
| ||||||
| 16 | (A) a description of the actions taken;
| ||||||
| 17 | (B) the effective date of the action;
| ||||||
| 18 | (C) the annual savings or additional charges | ||||||
| 19 | realized by customers from
actions taken, by customer | ||||||
| 20 | class and total for each year;
| ||||||
| 21 | (D) the accumulated impact on customers by | ||||||
| 22 | customer class and total; and
| ||||||
| 23 | (E) a summary of the method used to quantify the | ||||||
| 24 | impact on customers.
| ||||||
| 25 | (4) A summary of the electric utility's use of | ||||||
| 26 | transitional funding
instruments, including a description | ||||||
| |||||||
| |||||||
| 1 | of the electric utility's use of the
proceeds of any | ||||||
| 2 | transitional funding instruments it has issued in | ||||||
| 3 | accordance
with Article XVIII of this Act.
| ||||||
| 4 | (5) Kilowatt-hours consumed in the twelve months | ||||||
| 5 | ending December 31, 1996
(which kilowatt-hours are hereby | ||||||
| 6 | referred to as "base year sales") by customer
class | ||||||
| 7 | multiplied by the revenue per kilowatt hour, adjusted to | ||||||
| 8 | remove charges
added to customers' bills pursuant to | ||||||
| 9 | Sections 9-221 and 9-222 of this Act,
during the twelve | ||||||
| 10 | months ending December 31, 1996, adjusted for the | ||||||
| 11 | reductions
required by subsection (b) of Section 16-111 and | ||||||
| 12 | the mitigation factors
contained in Section 16-102. This | ||||||
| 13 | amount shall be stated for: (i) each
calendar year | ||||||
| 14 | preceding the year in which a report is required to be | ||||||
| 15 | submitted
pursuant to subsection (b); and (ii) as a | ||||||
| 16 | cumulative total of all calendar
years beginning with 1998 | ||||||
| 17 | and ending with the calendar year preceding the year
in | ||||||
| 18 | which a report is required to be submitted pursuant to | ||||||
| 19 | subsection (b).
| ||||||
| 20 | (6) Calculations identical to those required by | ||||||
| 21 | subparagraph (5) except
that base year sales shall be | ||||||
| 22 | adjusted for growth in the electric utility's
service | ||||||
| 23 | territory, in addition to the other adjustments specified | ||||||
| 24 | by the first
sentence of subparagraph (5).
| ||||||
| 25 | (7) The electric utility's total revenue and net income | ||||||
| 26 | for each calendar
year beginning with 1997 through the | ||||||
| |||||||
| |||||||
| 1 | calendar year preceding the year in which
a report is | ||||||
| 2 | required to be submitted pursuant to subsection (b) as | ||||||
| 3 | reported in
the electric utility's Form 1 report to the | ||||||
| 4 | Federal Energy Regulatory
Commission.
| ||||||
| 5 | (8) Any consideration in excess of the net book cost as | ||||||
| 6 | of December 16, 1997 (the effective
date of Public Act | ||||||
| 7 | 90-561) this amendatory Act of 1997 received by the | ||||||
| 8 | electric utility during the
year from a sale made | ||||||
| 9 | subsequent to December 16, 1997 (the effective date of | ||||||
| 10 | Public Act 90-561) this amendatory Act
of 1997 to a | ||||||
| 11 | non-affiliated third party of any generating plant that was | ||||||
| 12 | owned
by the electric utility on December 16, 1997 (the | ||||||
| 13 | effective date of Public Act 90-561) this amendatory Act of | ||||||
| 14 | 1997.
| ||||||
| 15 | (9) Any consideration received by the electric utility | ||||||
| 16 | from sales or
transfers during the year to an affiliated | ||||||
| 17 | interest of generating plant, or
other plant that | ||||||
| 18 | represents an investment of $25,000,000 or more in terms of
| ||||||
| 19 | total
depreciated original cost, which generating or other | ||||||
| 20 | plant were owned by the
electric utility prior to December | ||||||
| 21 | 16, 1997 (the effective date of Public Act 90-561) this | ||||||
| 22 | amendatory Act of 1997.
| ||||||
| 23 | (10) Any consideration received by an affiliated | ||||||
| 24 | interest of an electric
utility from sales or transfers | ||||||
| 25 | during the year to a non-affiliated third party
of | ||||||
| 26 | generating plant, but only if: (i) the electric utility had | ||||||
| |||||||
| |||||||
| 1 | previously sold
or transferred such plant to the affiliated | ||||||
| 2 | interest subsequent to December 16, 1997 (the
effective | ||||||
| 3 | date of Public Act 90-561) this amendatory Act of 1997; | ||||||
| 4 | (ii) the affiliated interest
sells or transfers such plant | ||||||
| 5 | to a non-affiliated third party prior to
December 31, 2006; | ||||||
| 6 | and (iii) the affiliated interest
receives consideration | ||||||
| 7 | for the sale or transfer of such plant to the
| ||||||
| 8 | non-affiliated third party in an amount greater than the | ||||||
| 9 | cost or price at which
such plant was sold or transferred | ||||||
| 10 | to the affiliated interest by the electric
utility.
| ||||||
| 11 | (11) A summary account of those expenditures made for | ||||||
| 12 | projects,
programs,
and improvements relating to | ||||||
| 13 | transmission and distribution including, without
| ||||||
| 14 | limitation, infrastructure expansion, repair and | ||||||
| 15 | replacement, capital
investments, operations and | ||||||
| 16 | maintenance, and vegetation management, pursuant
to a | ||||||
| 17 | written commitment made under subsection (k) of Section | ||||||
| 18 | 16-111.
| ||||||
| 19 | (b) The information required by subsection (a) shall be | ||||||
| 20 | filed by each
electric utility on or before March 1 of each | ||||||
| 21 | year 1999 through 2007 or through
such additional years as the | ||||||
| 22 | electric utility is collecting transition charges
pursuant to | ||||||
| 23 | subsection (f) of Section 16-108, for the previous calendar | ||||||
| 24 | year.
The information required by subparagraph (6) of | ||||||
| 25 | subsection (a) for calendar
year 1997 shall be submitted by the | ||||||
| 26 | electric utility on or before March 1,
1999.
| ||||||
| |||||||
| |||||||
| 1 | (c) On or before May 15 of each year 1999 through 2006 or | ||||||
| 2 | through such
additional
years as
the electric utility is | ||||||
| 3 | collecting transition charges pursuant to subsection
(f) of | ||||||
| 4 | Section 16-108, the Commission shall submit
a report to the | ||||||
| 5 | General Assembly which summarizes the information provided by
| ||||||
| 6 | each electric utility under this Section; provided, however, | ||||||
| 7 | that proprietary
or confidential information shall not be | ||||||
| 8 | publicly disclosed.
| ||||||
| 9 | (Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99; | ||||||
| 10 | revised 7-22-19.)
| ||||||
| 11 | Section 450. The Illinois Dental Practice Act is amended by | ||||||
| 12 | changing Sections 4 and 17 as follows:
| ||||||
| 13 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| ||||||
| 14 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 15 | Sec. 4. Definitions. As used in this Act:
| ||||||
| 16 | "Address of record" means the designated address recorded | ||||||
| 17 | by the Department in the applicant's or licensee's application | ||||||
| 18 | file or license file as maintained by the Department's | ||||||
| 19 | licensure maintenance unit. It is the duty of the applicant or | ||||||
| 20 | licensee to inform the Department of any change of address and | ||||||
| 21 | those changes must be made either through the Department's | ||||||
| 22 | website or by contacting the Department. | ||||||
| 23 | "Department" means the Department of Financial and | ||||||
| 24 | Professional Regulation.
| ||||||
| |||||||
| |||||||
| 1 | "Secretary" means the Secretary of Financial and | ||||||
| 2 | Professional Regulation.
| ||||||
| 3 | "Board" means the Board of Dentistry.
| ||||||
| 4 | "Dentist" means a person who has received a general license | ||||||
| 5 | pursuant
to paragraph (a) of Section 11 of this Act and who may | ||||||
| 6 | perform any intraoral
and extraoral procedure required in the | ||||||
| 7 | practice of dentistry and to whom is
reserved the | ||||||
| 8 | responsibilities specified in Section 17.
| ||||||
| 9 | "Dental hygienist" means a person who holds a license under | ||||||
| 10 | this Act to
perform dental services as authorized by Section | ||||||
| 11 | 18.
| ||||||
| 12 | "Dental assistant" means an appropriately trained person
| ||||||
| 13 | who, under the supervision of a dentist, provides dental | ||||||
| 14 | services
as authorized by Section 17.
| ||||||
| 15 | "Expanded function dental assistant" means a dental | ||||||
| 16 | assistant who has completed the training required by Section | ||||||
| 17 | 17.1 of this Act. | ||||||
| 18 | "Dental laboratory" means a person, firm or corporation | ||||||
| 19 | which:
| ||||||
| 20 | (i) engages in making, providing, repairing or | ||||||
| 21 | altering dental
prosthetic appliances and other artificial | ||||||
| 22 | materials and devices which are
returned to a dentist for | ||||||
| 23 | insertion into the human oral cavity or which
come in | ||||||
| 24 | contact with its adjacent structures and tissues; and
| ||||||
| 25 | (ii) utilizes or employs a dental technician to provide | ||||||
| 26 | such services; and
| ||||||
| |||||||
| |||||||
| 1 | (iii) performs such functions only for a dentist or | ||||||
| 2 | dentists.
| ||||||
| 3 | "Supervision" means supervision of a dental hygienist or a | ||||||
| 4 | dental
assistant requiring that a dentist authorize the | ||||||
| 5 | procedure, remain in the
dental facility while the procedure is | ||||||
| 6 | performed, and approve the work
performed by the dental | ||||||
| 7 | hygienist or dental assistant before dismissal of
the patient, | ||||||
| 8 | but does not mean that the dentist must be present at all
times | ||||||
| 9 | in the treatment room.
| ||||||
| 10 | "General supervision" means supervision of a dental | ||||||
| 11 | hygienist
requiring that the patient be a patient of record,
| ||||||
| 12 | that the dentist
examine the patient in accordance with Section | ||||||
| 13 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
| 14 | dentist authorize the procedures which
are being carried
out by | ||||||
| 15 | a notation in the patient's record, but not requiring that a | ||||||
| 16 | dentist
be present when the authorized
procedures are being | ||||||
| 17 | performed. The
issuance of a prescription to a dental | ||||||
| 18 | laboratory by a
dentist does not constitute general | ||||||
| 19 | supervision.
| ||||||
| 20 | "Public member" means a person who is not a health | ||||||
| 21 | professional.
For purposes of board membership, any person with | ||||||
| 22 | a significant financial
interest in a health service or | ||||||
| 23 | profession is not a public member.
| ||||||
| 24 | "Dentistry" means the healing art which is concerned with | ||||||
| 25 | the
examination, diagnosis, treatment planning and care of | ||||||
| 26 | conditions within
the human oral cavity and its adjacent | ||||||
| |||||||
| |||||||
| 1 | tissues and structures, as further
specified in Section 17.
| ||||||
| 2 | "Branches of dentistry" means the various specialties of | ||||||
| 3 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
| 4 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
| 5 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||||||
| 6 | periodontics, prosthodontics, and oral and maxillofacial
| ||||||
| 7 | radiology.
| ||||||
| 8 | "Specialist" means a dentist who has received a specialty | ||||||
| 9 | license
pursuant to Section 11(b).
| ||||||
| 10 | "Dental technician" means a person who owns, operates or is
| ||||||
| 11 | employed by a dental laboratory and engages in making, | ||||||
| 12 | providing, repairing
or altering dental prosthetic appliances | ||||||
| 13 | and other artificial materials and
devices which are returned | ||||||
| 14 | to a dentist for insertion into the human oral
cavity or which | ||||||
| 15 | come in contact with its adjacent structures and tissues.
| ||||||
| 16 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
| 17 | dentist
or dental hygienist who is unable to practice with
| ||||||
| 18 | reasonable skill and safety because of a physical or mental | ||||||
| 19 | disability as
evidenced by a written determination or written | ||||||
| 20 | consent based on clinical
evidence, including deterioration | ||||||
| 21 | through the aging process, loss of motor
skills, abuse of drugs | ||||||
| 22 | or alcohol, or a psychiatric disorder, of sufficient
degree to | ||||||
| 23 | diminish the person's ability to deliver competent patient | ||||||
| 24 | care.
| ||||||
| 25 | "Nurse" means a registered professional nurse, a certified | ||||||
| 26 | registered
nurse anesthetist licensed as an advanced practice
| ||||||
| |||||||
| |||||||
| 1 | registered nurse, or a licensed practical nurse licensed under | ||||||
| 2 | the Nurse Practice Act.
| ||||||
| 3 | "Patient of record" means a patient for whom the patient's | ||||||
| 4 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
| 5 | history and on whom the dentist has performed an
examination | ||||||
| 6 | and evaluated the condition to be treated.
| ||||||
| 7 | "Dental responder" means a dentist or dental hygienist who | ||||||
| 8 | is appropriately certified in disaster preparedness, | ||||||
| 9 | immunizations, and dental humanitarian medical response | ||||||
| 10 | consistent with the Society of Disaster Medicine and Public | ||||||
| 11 | Health and training certified by the National Incident | ||||||
| 12 | Management System or the National Disaster Life Support | ||||||
| 13 | Foundation.
| ||||||
| 14 | "Mobile dental van or portable dental unit" means any | ||||||
| 15 | self-contained or portable dental unit in which dentistry is | ||||||
| 16 | practiced that can be moved, towed, or transported from one | ||||||
| 17 | location to another in order to establish a location where | ||||||
| 18 | dental services can be provided. | ||||||
| 19 | "Public health dental hygienist" means a hygienist who | ||||||
| 20 | holds a valid license to practice in the State, has 2 years of | ||||||
| 21 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
| 22 | of clinical experience and has completed at least 42 clock | ||||||
| 23 | hours of additional structured courses in dental education in | ||||||
| 24 | advanced areas specific to public health dentistry. | ||||||
| 25 | "Public health setting" means a federally qualified health | ||||||
| 26 | center; a federal, State, or local public health facility; Head | ||||||
| |||||||
| |||||||
| 1 | Start; a special supplemental nutrition program for Women, | ||||||
| 2 | Infants, and Children (WIC) facility; or a certified | ||||||
| 3 | school-based health center or school-based oral health | ||||||
| 4 | program. | ||||||
| 5 | "Public health supervision" means the supervision of a | ||||||
| 6 | public health dental hygienist by a licensed dentist who has a | ||||||
| 7 | written public health supervision agreement with that public | ||||||
| 8 | health dental hygienist while working in an approved facility | ||||||
| 9 | or program that allows the public health dental hygienist to | ||||||
| 10 | treat patients, without a dentist first examining the patient | ||||||
| 11 | and being present in the facility during treatment, (1) who are | ||||||
| 12 | eligible for Medicaid or (2) who are uninsured and whose | ||||||
| 13 | household income is not greater than 200% of the federal | ||||||
| 14 | poverty level. | ||||||
| 15 | "Teledentistry" means the use of telehealth systems and | ||||||
| 16 | methodologies in dentistry and includes patient care and | ||||||
| 17 | education delivery using synchronous and asynchronous | ||||||
| 18 | communications under a dentist's authority as provided under | ||||||
| 19 | this Act. | ||||||
| 20 | (Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18; | ||||||
| 21 | 100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff. | ||||||
| 22 | 7-26-19; revised 9-27-19.)
| ||||||
| 23 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| ||||||
| 24 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 25 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
| |||||||
| |||||||
| 1 | person
practices dentistry, within the meaning of this Act:
| ||||||
| 2 | (1) Who represents himself or herself as being able to | ||||||
| 3 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
| 4 | any disease, pain, deformity, deficiency,
injury, or | ||||||
| 5 | physical condition of the human tooth, teeth, alveolar | ||||||
| 6 | process,
gums or jaw; or
| ||||||
| 7 | (2) Who is a manager, proprietor, operator or conductor | ||||||
| 8 | of a
business where
dental operations are performed; or
| ||||||
| 9 | (3) Who performs dental operations of any kind; or
| ||||||
| 10 | (4) Who uses an X-Ray machine or X-Ray films for
dental | ||||||
| 11 | diagnostic purposes; or
| ||||||
| 12 | (5) Who extracts a human tooth or teeth, or corrects or | ||||||
| 13 | attempts to
correct
malpositions of the human teeth or | ||||||
| 14 | jaws; or
| ||||||
| 15 | (6) Who offers or undertakes, by any means or method, | ||||||
| 16 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
| 17 | materials from human teeth or jaws; or
| ||||||
| 18 | (7) Who uses or administers local or general | ||||||
| 19 | anesthetics in the treatment
of dental or oral diseases or | ||||||
| 20 | in any preparation incident to a dental operation
of any | ||||||
| 21 | kind or character; or
| ||||||
| 22 | (8) Who takes material or digital scans for final | ||||||
| 23 | impressions of the human tooth, teeth, or jaws or performs
| ||||||
| 24 | any phase of any operation incident to the replacement of a | ||||||
| 25 | part of a tooth,
a tooth, teeth or associated tissues by | ||||||
| 26 | means of a filling, crown, a bridge,
a denture or other | ||||||
| |||||||
| |||||||
| 1 | appliance; or
| ||||||
| 2 | (9) Who offers to furnish, supply, construct, | ||||||
| 3 | reproduce or repair, or
who furnishes, supplies, | ||||||
| 4 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
| 5 | bridges or other substitutes for natural teeth, to the user | ||||||
| 6 | or
prospective user thereof; or
| ||||||
| 7 | (10) Who instructs students on clinical matters or | ||||||
| 8 | performs any clinical
operation included in the curricula | ||||||
| 9 | of recognized dental schools and colleges; or
| ||||||
| 10 | (11) Who takes material or digital scans for final | ||||||
| 11 | impressions of human teeth or places his or her hands in | ||||||
| 12 | the mouth of any person for the purpose of applying teeth | ||||||
| 13 | whitening materials, or who takes impressions of human | ||||||
| 14 | teeth or places his or her hands in the mouth of any person | ||||||
| 15 | for the purpose of assisting in the application of teeth | ||||||
| 16 | whitening materials. A person does not practice dentistry | ||||||
| 17 | when he or she discloses to the consumer that he or she is | ||||||
| 18 | not licensed as a dentist under this Act and (i) discusses | ||||||
| 19 | the use of teeth whitening materials with a consumer | ||||||
| 20 | purchasing these materials; (ii) provides instruction on | ||||||
| 21 | the use of teeth whitening materials with a consumer | ||||||
| 22 | purchasing these materials; or (iii) provides appropriate | ||||||
| 23 | equipment on-site to the consumer for the consumer to | ||||||
| 24 | self-apply teeth whitening materials. | ||||||
| 25 | The fact that any person engages in or performs, or offers | ||||||
| 26 | to engage in
or perform, any of the practices, acts, or | ||||||
| |||||||
| |||||||
| 1 | operations set forth in this
Section, shall be prima facie | ||||||
| 2 | evidence that such person is engaged in the
practice of | ||||||
| 3 | dentistry.
| ||||||
| 4 | The following practices, acts, and operations, however, | ||||||
| 5 | are exempt from
the operation of this Act:
| ||||||
| 6 | (a) The rendering of dental relief in emergency cases | ||||||
| 7 | in the practice
of his or her profession by a physician or | ||||||
| 8 | surgeon, licensed as such
under the laws of this State, | ||||||
| 9 | unless he or she undertakes to reproduce or reproduces
lost | ||||||
| 10 | parts of the human teeth in the mouth or to restore or | ||||||
| 11 | replace lost
or missing teeth in the mouth; or
| ||||||
| 12 | (b) The practice of dentistry in the discharge of their | ||||||
| 13 | official duties
by dentists in any branch of the Armed | ||||||
| 14 | Services of the United States, the
United States Public | ||||||
| 15 | Health Service, or the United States Veterans
| ||||||
| 16 | Administration; or
| ||||||
| 17 | (c) The practice of dentistry by students in their | ||||||
| 18 | course of study
in dental schools or colleges approved by | ||||||
| 19 | the Department, when acting under the
direction and | ||||||
| 20 | supervision of dentists acting as instructors; or
| ||||||
| 21 | (d) The practice of dentistry by clinical instructors | ||||||
| 22 | in the course of
their teaching duties in dental schools or | ||||||
| 23 | colleges approved by the
Department:
| ||||||
| 24 | (i) when acting under the direction and | ||||||
| 25 | supervision of dentists,
provided that such clinical | ||||||
| 26 | instructors have instructed continuously in
this State | ||||||
| |||||||
| |||||||
| 1 | since January 1, 1986; or
| ||||||
| 2 | (ii) when holding the rank of full professor at | ||||||
| 3 | such approved dental
school or college and possessing a | ||||||
| 4 | current valid license or authorization
to practice | ||||||
| 5 | dentistry in another country; or
| ||||||
| 6 | (e) The practice of dentistry by licensed dentists of | ||||||
| 7 | other states or
countries at meetings of the Illinois State | ||||||
| 8 | Dental Society or component
parts thereof, alumni meetings | ||||||
| 9 | of dental colleges, or any other like dental
organizations, | ||||||
| 10 | while appearing as clinicians; or
| ||||||
| 11 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
| 12 | of dental or oral
tissues by dental hygienists or dental | ||||||
| 13 | assistants; or
| ||||||
| 14 | (g) The performance of any dental service by a dental | ||||||
| 15 | assistant, if such
service is performed under the | ||||||
| 16 | supervision and full responsibility of a
dentist. In | ||||||
| 17 | addition, after being authorized by a dentist, a dental | ||||||
| 18 | assistant may, for the purpose of eliminating pain or | ||||||
| 19 | discomfort, remove loose, broken, or irritating | ||||||
| 20 | orthodontic appliances on a patient of record.
| ||||||
| 21 | For purposes of this paragraph (g), "dental service" is | ||||||
| 22 | defined to mean
any intraoral procedure or act which shall | ||||||
| 23 | be prescribed by rule or
regulation of the Department. | ||||||
| 24 | Dental service, however, shall not include:
| ||||||
| 25 | (1) Any and all diagnosis of or prescription for | ||||||
| 26 | treatment of disease,
pain, deformity, deficiency, | ||||||
| |||||||
| |||||||
| 1 | injury or physical condition of the human teeth
or | ||||||
| 2 | jaws, or adjacent structures.
| ||||||
| 3 | (2) Removal of, or restoration of, or addition
to | ||||||
| 4 | the hard or soft tissues of the oral cavity, except for | ||||||
| 5 | the placing, carving, and finishing of amalgam | ||||||
| 6 | restorations and placing, packing, and finishing | ||||||
| 7 | composite restorations by dental assistants who have | ||||||
| 8 | had additional formal education and certification. | ||||||
| 9 | A dental assistant may place, carve, and finish | ||||||
| 10 | amalgam restorations, place, pack, and finish | ||||||
| 11 | composite restorations, and place interim restorations | ||||||
| 12 | if he or she (A) has successfully completed a | ||||||
| 13 | structured training program as described in item (2) of | ||||||
| 14 | subsection (g) provided by an educational institution | ||||||
| 15 | accredited by the Commission on Dental Accreditation, | ||||||
| 16 | such as a dental school or dental hygiene or dental | ||||||
| 17 | assistant program, or (B) has at least 4,000 hours of | ||||||
| 18 | direct clinical patient care experience and has | ||||||
| 19 | successfully completed a structured training program | ||||||
| 20 | as described in item (2) of subsection (g) provided by | ||||||
| 21 | a statewide dental association, approved by the | ||||||
| 22 | Department to provide continuing education, that has | ||||||
| 23 | developed and conducted training programs for expanded | ||||||
| 24 | functions for dental assistants or hygienists. The | ||||||
| 25 | training program must: (i) include a minimum of 16 | ||||||
| 26 | hours of didactic study and 14 hours of clinical | ||||||
| |||||||
| |||||||
| 1 | manikin instruction; all training programs shall | ||||||
| 2 | include areas of study in nomenclature, caries | ||||||
| 3 | classifications, oral anatomy, periodontium, basic | ||||||
| 4 | occlusion, instrumentations, pulp protection liners | ||||||
| 5 | and bases, dental materials, matrix and wedge | ||||||
| 6 | techniques, amalgam placement and carving, rubber dam | ||||||
| 7 | clamp placement, and rubber dam placement and removal; | ||||||
| 8 | (ii) include an outcome assessment examination that | ||||||
| 9 | demonstrates competency; (iii) require the supervising | ||||||
| 10 | dentist to observe and approve the completion of 8 | ||||||
| 11 | amalgam or composite restorations; and (iv) issue a | ||||||
| 12 | certificate of completion of the training program, | ||||||
| 13 | which must be kept on file at the dental office and be | ||||||
| 14 | made available to the Department upon request. A dental | ||||||
| 15 | assistant must have successfully completed an approved | ||||||
| 16 | coronal polishing and dental sealant course prior to | ||||||
| 17 | taking the amalgam and composite restoration course. | ||||||
| 18 | A dentist utilizing dental assistants shall not | ||||||
| 19 | supervise more than 4 dental assistants at any one time | ||||||
| 20 | for placing, carving, and finishing of amalgam | ||||||
| 21 | restorations or for placing, packing, and finishing | ||||||
| 22 | composite restorations.
| ||||||
| 23 | (3) Any and all correction of malformation of teeth | ||||||
| 24 | or of the jaws.
| ||||||
| 25 | (4) Administration of anesthetics, except for | ||||||
| 26 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
| |||||||
| |||||||
| 1 | sedation, and general anesthetic as provided in | ||||||
| 2 | Section 8.1 of this Act, that may be performed only | ||||||
| 3 | after successful completion of a training
program | ||||||
| 4 | approved by the Department. A dentist utilizing dental | ||||||
| 5 | assistants shall not supervise more than 4 dental | ||||||
| 6 | assistants at any one time for the monitoring of | ||||||
| 7 | nitrous oxide.
| ||||||
| 8 | (5) Removal of calculus from human teeth.
| ||||||
| 9 | (6) Taking of material or digital scans for final | ||||||
| 10 | impressions for the fabrication of prosthetic
| ||||||
| 11 | appliances,
crowns,
bridges, inlays, onlays, or other | ||||||
| 12 | restorative or replacement
dentistry.
| ||||||
| 13 | (7) The operative procedure of dental hygiene | ||||||
| 14 | consisting of oral
prophylactic procedures, except for | ||||||
| 15 | coronal polishing and pit and fissure sealants,
which | ||||||
| 16 | may be
performed by a
dental assistant who has | ||||||
| 17 | successfully completed a training program approved by
| ||||||
| 18 | the Department. Dental assistants may perform coronal | ||||||
| 19 | polishing under the
following circumstances: (i) the | ||||||
| 20 | coronal polishing shall be limited to
polishing the
| ||||||
| 21 | clinical crown of the tooth and existing restorations, | ||||||
| 22 | supragingivally; (ii)
the
dental assistant performing | ||||||
| 23 | the coronal polishing shall be limited to the use
of
| ||||||
| 24 | rotary instruments using a rubber cup or brush | ||||||
| 25 | polishing method (air polishing
is
not permitted); and | ||||||
| 26 | (iii) the supervising dentist shall not supervise more
| ||||||
| |||||||
| |||||||
| 1 | than 4
dental assistants at any one time for the task | ||||||
| 2 | of coronal polishing or pit and fissure sealants.
| ||||||
| 3 | In addition to coronal polishing and pit and | ||||||
| 4 | fissure sealants as described in this item (7), a | ||||||
| 5 | dental assistant who has at least 2,000 hours of direct | ||||||
| 6 | clinical patient care experience and who has | ||||||
| 7 | successfully completed a structured training program | ||||||
| 8 | provided by (1) an educational institution such as a | ||||||
| 9 | dental school or dental hygiene or dental assistant | ||||||
| 10 | program, or (2) by a statewide dental or dental | ||||||
| 11 | hygienist association, approved by the Department on | ||||||
| 12 | or before January 1, 2017 (the effective date of Public | ||||||
| 13 | Act 99-680) this amendatory Act of the 99th General | ||||||
| 14 | Assembly, that has developed and conducted a training | ||||||
| 15 | program for expanded functions for dental assistants | ||||||
| 16 | or hygienists may perform: (A) coronal scaling above | ||||||
| 17 | the gum line, supragingivally, on the clinical crown of | ||||||
| 18 | the tooth only on patients 12 years of age or younger | ||||||
| 19 | who have an absence of periodontal disease and who are | ||||||
| 20 | not medically compromised or individuals with special | ||||||
| 21 | needs and (B) intracoronal temporization of a tooth. | ||||||
| 22 | The training program must: (I) include a minimum of 16 | ||||||
| 23 | hours of instruction in both didactic and clinical | ||||||
| 24 | manikin or human subject instruction; all training | ||||||
| 25 | programs shall include areas of study in dental | ||||||
| 26 | anatomy, public health dentistry, medical history, | ||||||
| |||||||
| |||||||
| 1 | dental emergencies, and managing the pediatric | ||||||
| 2 | patient; (II) include an outcome assessment | ||||||
| 3 | examination that demonstrates competency; (III) | ||||||
| 4 | require the supervising dentist to observe and approve | ||||||
| 5 | the completion of 6 full mouth supragingival scaling | ||||||
| 6 | procedures; and (IV) issue a certificate of completion | ||||||
| 7 | of the training program, which must be kept on file at | ||||||
| 8 | the dental office and be made available to the | ||||||
| 9 | Department upon request. A dental assistant must have | ||||||
| 10 | successfully completed an approved coronal polishing | ||||||
| 11 | course prior to taking the coronal scaling course. A | ||||||
| 12 | dental assistant performing these functions shall be | ||||||
| 13 | limited to the use of hand instruments only. In | ||||||
| 14 | addition, coronal scaling as described in this | ||||||
| 15 | paragraph shall only be utilized on patients who are | ||||||
| 16 | eligible for Medicaid or who are uninsured and whose | ||||||
| 17 | household income is not greater than 200% of the | ||||||
| 18 | federal poverty level. A dentist may not supervise more | ||||||
| 19 | than 2 dental assistants at any one time for the task | ||||||
| 20 | of coronal scaling. This paragraph is inoperative on | ||||||
| 21 | and after January 1, 2026. | ||||||
| 22 | The limitations on the number of dental assistants a | ||||||
| 23 | dentist may supervise contained in items (2), (4), and (7) | ||||||
| 24 | of this paragraph (g) mean a limit of 4 total dental | ||||||
| 25 | assistants or dental hygienists doing expanded functions | ||||||
| 26 | covered by these Sections being supervised by one dentist; | ||||||
| |||||||
| |||||||
| 1 | or . | ||||||
| 2 | (h) The practice of dentistry by an individual who:
| ||||||
| 3 | (i) has applied in writing to the Department, in | ||||||
| 4 | form and substance
satisfactory to the Department, for | ||||||
| 5 | a general dental license and has
complied with all | ||||||
| 6 | provisions of Section 9 of this Act, except for the
| ||||||
| 7 | passage of the examination specified in subsection (e) | ||||||
| 8 | of Section 9 of this
Act; or
| ||||||
| 9 | (ii) has applied in writing to the Department, in | ||||||
| 10 | form and substance
satisfactory to the Department, for | ||||||
| 11 | a temporary dental license and has
complied with all | ||||||
| 12 | provisions of subsection (c) of Section 11 of this Act; | ||||||
| 13 | and
| ||||||
| 14 | (iii) has been accepted or appointed for specialty | ||||||
| 15 | or residency training
by a hospital situated in this | ||||||
| 16 | State; or
| ||||||
| 17 | (iv) has been accepted or appointed for specialty | ||||||
| 18 | training in an
approved dental program situated in this | ||||||
| 19 | State; or
| ||||||
| 20 | (v) has been accepted or appointed for specialty | ||||||
| 21 | training in a dental
public health agency situated in | ||||||
| 22 | this State.
| ||||||
| 23 | The applicant shall be permitted to practice dentistry | ||||||
| 24 | for a period of 3
months from the starting date of the | ||||||
| 25 | program, unless authorized in writing
by the Department to | ||||||
| 26 | continue such practice for a period specified in
writing by | ||||||
| |||||||
| |||||||
| 1 | the Department.
| ||||||
| 2 | The applicant shall only be entitled to perform such | ||||||
| 3 | acts as may be
prescribed by and incidental to his or her | ||||||
| 4 | program of residency or specialty
training and shall not | ||||||
| 5 | otherwise engage in the practice of dentistry in this
| ||||||
| 6 | State.
| ||||||
| 7 | The authority to practice shall terminate immediately | ||||||
| 8 | upon:
| ||||||
| 9 | (1) the decision of the Department that the | ||||||
| 10 | applicant has failed the
examination; or
| ||||||
| 11 | (2) denial of licensure by the Department; or
| ||||||
| 12 | (3) withdrawal of the application.
| ||||||
| 13 | (Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19; | ||||||
| 14 | 101-162, eff. 7-26-19; revised 9-19-19.)
| ||||||
| 15 | Section 455. The Medical Practice Act of 1987 is amended by | ||||||
| 16 | changing Sections 22 and 36 as follows:
| ||||||
| 17 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
| 18 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 19 | Sec. 22. Disciplinary action.
| ||||||
| 20 | (A) The Department may revoke, suspend, place on probation, | ||||||
| 21 | reprimand, refuse to issue or renew, or take any other | ||||||
| 22 | disciplinary or non-disciplinary action as the Department may | ||||||
| 23 | deem proper
with regard to the license or permit of any person | ||||||
| 24 | issued
under this Act, including imposing fines not to exceed | ||||||
| |||||||
| |||||||
| 1 | $10,000 for each violation, upon any of the following grounds:
| ||||||
| 2 | (1) (Blank).
| ||||||
| 3 | (2) (Blank).
| ||||||
| 4 | (3) A plea of guilty or nolo contendere, finding of | ||||||
| 5 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
| 6 | including, but not limited to, convictions, preceding | ||||||
| 7 | sentences of supervision, conditional discharge, or first | ||||||
| 8 | offender probation, under the laws of any jurisdiction of | ||||||
| 9 | the United States of any crime that is a felony.
| ||||||
| 10 | (4) Gross negligence in practice under this Act.
| ||||||
| 11 | (5) Engaging in dishonorable, unethical, or | ||||||
| 12 | unprofessional
conduct of a
character likely to deceive, | ||||||
| 13 | defraud or harm the public.
| ||||||
| 14 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
| 15 | misrepresentation.
| ||||||
| 16 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
| 17 | in law
as
controlled substances, of alcohol, or of any | ||||||
| 18 | other substances which results in
the inability to practice | ||||||
| 19 | with reasonable judgment, skill, or safety.
| ||||||
| 20 | (8) Practicing under a false or, except as provided by | ||||||
| 21 | law, an
assumed
name.
| ||||||
| 22 | (9) Fraud or misrepresentation in applying for, or | ||||||
| 23 | procuring, a
license
under this Act or in connection with | ||||||
| 24 | applying for renewal of a license under
this Act.
| ||||||
| 25 | (10) Making a false or misleading statement regarding | ||||||
| 26 | their
skill or the
efficacy or value of the medicine, | ||||||
| |||||||
| |||||||
| 1 | treatment, or remedy prescribed by them at
their direction | ||||||
| 2 | in the treatment of any disease or other condition of the | ||||||
| 3 | body
or mind.
| ||||||
| 4 | (11) Allowing another person or organization to use | ||||||
| 5 | their
license, procured
under this Act, to practice.
| ||||||
| 6 | (12) Adverse action taken by another state or | ||||||
| 7 | jurisdiction
against a license
or other authorization to | ||||||
| 8 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
| 9 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
| 10 | certified copy of the record of the action taken by
the | ||||||
| 11 | other state or jurisdiction being prima facie evidence | ||||||
| 12 | thereof. This includes any adverse action taken by a State | ||||||
| 13 | or federal agency that prohibits a medical doctor, doctor | ||||||
| 14 | of osteopathy, doctor of osteopathic medicine, or doctor of | ||||||
| 15 | chiropractic from providing services to the agency's | ||||||
| 16 | participants.
| ||||||
| 17 | (13) Violation of any provision of this Act or of the | ||||||
| 18 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
| 19 | violation of the rules, or a final
administrative action of | ||||||
| 20 | the Secretary, after consideration of the
recommendation | ||||||
| 21 | of the Disciplinary Board.
| ||||||
| 22 | (14) Violation of the prohibition against fee | ||||||
| 23 | splitting in Section 22.2 of this Act.
| ||||||
| 24 | (15) A finding by the Disciplinary Board that the
| ||||||
| 25 | registrant after
having his or her license placed on | ||||||
| 26 | probationary status or subjected to
conditions or | ||||||
| |||||||
| |||||||
| 1 | restrictions violated the terms of the probation or failed | ||||||
| 2 | to
comply with such terms or conditions.
| ||||||
| 3 | (16) Abandonment of a patient.
| ||||||
| 4 | (17) Prescribing, selling, administering, | ||||||
| 5 | distributing, giving,
or
self-administering any drug | ||||||
| 6 | classified as a controlled substance (designated
product) | ||||||
| 7 | or narcotic for other than medically accepted therapeutic
| ||||||
| 8 | purposes.
| ||||||
| 9 | (18) Promotion of the sale of drugs, devices, | ||||||
| 10 | appliances, or
goods provided
for a patient in such manner | ||||||
| 11 | as to exploit the patient for financial gain of
the | ||||||
| 12 | physician.
| ||||||
| 13 | (19) Offering, undertaking, or agreeing to cure or | ||||||
| 14 | treat
disease by a secret
method, procedure, treatment, or | ||||||
| 15 | medicine, or the treating, operating, or
prescribing for | ||||||
| 16 | any human condition by a method, means, or procedure which | ||||||
| 17 | the
licensee refuses to divulge upon demand of the | ||||||
| 18 | Department.
| ||||||
| 19 | (20) Immoral conduct in the commission of any act | ||||||
| 20 | including,
but not limited to, commission of an act of | ||||||
| 21 | sexual misconduct related to the
licensee's
practice.
| ||||||
| 22 | (21) Willfully making or filing false records or | ||||||
| 23 | reports in his
or her
practice as a physician, including, | ||||||
| 24 | but not limited to, false records to
support claims against | ||||||
| 25 | the medical assistance program of the Department of | ||||||
| 26 | Healthcare and Family Services (formerly Department of
| ||||||
| |||||||
| |||||||
| 1 | Public Aid)
under the Illinois Public Aid Code.
| ||||||
| 2 | (22) Willful omission to file or record, or willfully | ||||||
| 3 | impeding
the filing or
recording, or inducing another | ||||||
| 4 | person to omit to file or record, medical
reports as | ||||||
| 5 | required by law, or willfully failing to report an instance | ||||||
| 6 | of
suspected abuse or neglect as required by law.
| ||||||
| 7 | (23) Being named as a perpetrator in an indicated | ||||||
| 8 | report by
the Department
of Children and Family Services | ||||||
| 9 | under the Abused and Neglected Child Reporting
Act, and | ||||||
| 10 | upon proof by clear and convincing evidence that the | ||||||
| 11 | licensee has
caused a child to be an abused child or | ||||||
| 12 | neglected child as defined in the
Abused and Neglected | ||||||
| 13 | Child Reporting Act.
| ||||||
| 14 | (24) Solicitation of professional patronage by any
| ||||||
| 15 | corporation, agents or
persons, or profiting from those | ||||||
| 16 | representing themselves to be agents of the
licensee.
| ||||||
| 17 | (25) Gross and willful and continued overcharging for
| ||||||
| 18 | professional services,
including filing false statements | ||||||
| 19 | for collection of fees for which services are
not rendered, | ||||||
| 20 | including, but not limited to, filing such false statements | ||||||
| 21 | for
collection of monies for services not rendered from the | ||||||
| 22 | medical assistance
program of the Department of Healthcare | ||||||
| 23 | and Family Services (formerly Department of Public Aid)
| ||||||
| 24 | under the Illinois Public Aid
Code.
| ||||||
| 25 | (26) A pattern of practice or other behavior which
| ||||||
| 26 | demonstrates
incapacity
or incompetence to practice under | ||||||
| |||||||
| |||||||
| 1 | this Act.
| ||||||
| 2 | (27) Mental illness or disability which results in the
| ||||||
| 3 | inability to
practice under this Act with reasonable | ||||||
| 4 | judgment, skill, or safety.
| ||||||
| 5 | (28) Physical illness, including, but not limited to,
| ||||||
| 6 | deterioration through
the aging process, or loss of motor | ||||||
| 7 | skill which results in a physician's
inability to practice | ||||||
| 8 | under this Act with reasonable judgment, skill, or
safety.
| ||||||
| 9 | (29) Cheating on or attempt to subvert the licensing
| ||||||
| 10 | examinations
administered under this Act.
| ||||||
| 11 | (30) Willfully or negligently violating the | ||||||
| 12 | confidentiality
between
physician and patient except as | ||||||
| 13 | required by law.
| ||||||
| 14 | (31) The use of any false, fraudulent, or deceptive | ||||||
| 15 | statement
in any
document connected with practice under | ||||||
| 16 | this Act.
| ||||||
| 17 | (32) Aiding and abetting an individual not licensed | ||||||
| 18 | under this
Act in the
practice of a profession licensed | ||||||
| 19 | under this Act.
| ||||||
| 20 | (33) Violating state or federal laws or regulations | ||||||
| 21 | relating
to controlled
substances, legend
drugs, or | ||||||
| 22 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
| 23 | (34) Failure to report to the Department any adverse | ||||||
| 24 | final
action taken
against them by another licensing | ||||||
| 25 | jurisdiction (any other state or any
territory of the | ||||||
| 26 | United States or any foreign state or country), by any peer
| ||||||
| |||||||
| |||||||
| 1 | review body, by any health care institution, by any | ||||||
| 2 | professional society or
association related to practice | ||||||
| 3 | under this Act, by any governmental agency, by
any law | ||||||
| 4 | enforcement agency, or by any court for acts or conduct | ||||||
| 5 | similar to acts
or conduct which would constitute grounds | ||||||
| 6 | for action as defined in this
Section.
| ||||||
| 7 | (35) Failure to report to the Department surrender of a
| ||||||
| 8 | license or
authorization to practice as a medical doctor, a | ||||||
| 9 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
| 10 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
| 11 | surrender of membership on
any medical staff or in any | ||||||
| 12 | medical or professional association or society,
while | ||||||
| 13 | under disciplinary investigation by any of those | ||||||
| 14 | authorities or bodies,
for acts or conduct similar to acts | ||||||
| 15 | or conduct which would constitute grounds
for action as | ||||||
| 16 | defined in this Section.
| ||||||
| 17 | (36) Failure to report to the Department any adverse | ||||||
| 18 | judgment,
settlement,
or award arising from a liability | ||||||
| 19 | claim related to acts or conduct similar to
acts or conduct | ||||||
| 20 | which would constitute grounds for action as defined in | ||||||
| 21 | this
Section.
| ||||||
| 22 | (37) Failure to provide copies of medical records as | ||||||
| 23 | required
by law.
| ||||||
| 24 | (38) Failure to furnish the Department, its | ||||||
| 25 | investigators or
representatives, relevant information, | ||||||
| 26 | legally requested by the Department
after consultation | ||||||
| |||||||
| |||||||
| 1 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
| 2 | Coordinator.
| ||||||
| 3 | (39) Violating the Health Care Worker Self-Referral
| ||||||
| 4 | Act.
| ||||||
| 5 | (40) Willful failure to provide notice when notice is | ||||||
| 6 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
| 7 | (41) Failure to establish and maintain records of | ||||||
| 8 | patient care and
treatment as required by this law.
| ||||||
| 9 | (42) Entering into an excessive number of written | ||||||
| 10 | collaborative
agreements with licensed advanced practice | ||||||
| 11 | registered nurses resulting in an inability to
adequately | ||||||
| 12 | collaborate.
| ||||||
| 13 | (43) Repeated failure to adequately collaborate with a | ||||||
| 14 | licensed advanced practice registered nurse. | ||||||
| 15 | (44) Violating the Compassionate Use of Medical | ||||||
| 16 | Cannabis Program Act.
| ||||||
| 17 | (45) Entering into an excessive number of written | ||||||
| 18 | collaborative agreements with licensed prescribing | ||||||
| 19 | psychologists resulting in an inability to adequately | ||||||
| 20 | collaborate. | ||||||
| 21 | (46) Repeated failure to adequately collaborate with a | ||||||
| 22 | licensed prescribing psychologist. | ||||||
| 23 | (47) Willfully failing to report an instance of | ||||||
| 24 | suspected abuse, neglect, financial exploitation, or | ||||||
| 25 | self-neglect of an eligible adult as defined in and | ||||||
| 26 | required by the Adult Protective Services Act. | ||||||
| |||||||
| |||||||
| 1 | (48) Being named as an abuser in a verified report by | ||||||
| 2 | the Department on Aging under the Adult Protective Services | ||||||
| 3 | Act, and upon proof by clear and convincing evidence that | ||||||
| 4 | the licensee abused, neglected, or financially exploited | ||||||
| 5 | an eligible adult as defined in the Adult Protective | ||||||
| 6 | Services Act. | ||||||
| 7 | (49) Entering into an excessive number of written | ||||||
| 8 | collaborative agreements with licensed physician | ||||||
| 9 | assistants resulting in an inability to adequately | ||||||
| 10 | collaborate. | ||||||
| 11 | (50) Repeated failure to adequately collaborate with a | ||||||
| 12 | physician assistant. | ||||||
| 13 | Except
for actions involving the ground numbered (26), all | ||||||
| 14 | proceedings to suspend,
revoke, place on probationary status, | ||||||
| 15 | or take any
other disciplinary action as the Department may | ||||||
| 16 | deem proper, with regard to a
license on any of the foregoing | ||||||
| 17 | grounds, must be commenced within 5 years next
after receipt by | ||||||
| 18 | the Department of a complaint alleging the commission of or
| ||||||
| 19 | notice of the conviction order for any of the acts described | ||||||
| 20 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
| 21 | (29), no action shall be commenced more
than 10 years after the | ||||||
| 22 | date of the incident or act alleged to have violated
this | ||||||
| 23 | Section. For actions involving the ground numbered (26), a | ||||||
| 24 | pattern of practice or other behavior includes all incidents | ||||||
| 25 | alleged to be part of the pattern of practice or other behavior | ||||||
| 26 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
| |||||||
| |||||||
| 1 | received, within the 10-year period preceding the filing of the | ||||||
| 2 | complaint. In the event of the settlement of any claim or cause | ||||||
| 3 | of action
in favor of the claimant or the reduction to final | ||||||
| 4 | judgment of any civil action
in favor of the plaintiff, such | ||||||
| 5 | claim, cause of action, or civil action being
grounded on the | ||||||
| 6 | allegation that a person licensed under this Act was negligent
| ||||||
| 7 | in providing care, the Department shall have an additional | ||||||
| 8 | period of 2 years
from the date of notification to the | ||||||
| 9 | Department under Section 23 of this Act
of such settlement or | ||||||
| 10 | final judgment in which to investigate and
commence formal | ||||||
| 11 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
| 12 | as otherwise provided by law. The time during which the holder | ||||||
| 13 | of the license
was outside the State of Illinois shall not be | ||||||
| 14 | included within any period of
time limiting the commencement of | ||||||
| 15 | disciplinary action by the Department.
| ||||||
| 16 | The entry of an order or judgment by any circuit court | ||||||
| 17 | establishing that any
person holding a license under this Act | ||||||
| 18 | is a person in need of mental treatment
operates as a | ||||||
| 19 | suspension of that license. That person may resume his or her | ||||||
| 20 | their
practice only upon the entry of a Departmental order | ||||||
| 21 | based upon a finding by
the Disciplinary Board that the person | ||||||
| 22 | has they have been determined to be recovered
from mental | ||||||
| 23 | illness by the court and upon the Disciplinary Board's
| ||||||
| 24 | recommendation that the person they be permitted to resume his | ||||||
| 25 | or her their practice.
| ||||||
| 26 | The Department may refuse to issue or take disciplinary | ||||||
| |||||||
| |||||||
| 1 | action concerning the license of any person
who fails to file a | ||||||
| 2 | return, or to pay the tax, penalty, or interest shown in a
| ||||||
| 3 | filed return, or to pay any final assessment of tax, penalty, | ||||||
| 4 | or interest, as
required by any tax Act administered by the | ||||||
| 5 | Illinois Department of Revenue,
until such time as the | ||||||
| 6 | requirements of any such tax Act are satisfied as
determined by | ||||||
| 7 | the Illinois Department of Revenue.
| ||||||
| 8 | The Department, upon the recommendation of the | ||||||
| 9 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
| 10 | to be used in determining:
| ||||||
| 11 | (a) when a person will be deemed sufficiently | ||||||
| 12 | rehabilitated to warrant the
public trust;
| ||||||
| 13 | (b) what constitutes dishonorable, unethical, or | ||||||
| 14 | unprofessional conduct of
a character likely to deceive, | ||||||
| 15 | defraud, or harm the public;
| ||||||
| 16 | (c) what constitutes immoral conduct in the commission | ||||||
| 17 | of any act,
including, but not limited to, commission of an | ||||||
| 18 | act of sexual misconduct
related
to the licensee's | ||||||
| 19 | practice; and
| ||||||
| 20 | (d) what constitutes gross negligence in the practice | ||||||
| 21 | of medicine.
| ||||||
| 22 | However, no such rule shall be admissible into evidence in | ||||||
| 23 | any civil action
except for review of a licensing or other | ||||||
| 24 | disciplinary action under this Act.
| ||||||
| 25 | In enforcing this Section, the Disciplinary Board or the | ||||||
| 26 | Licensing Board,
upon a showing of a possible violation, may | ||||||
| |||||||
| |||||||
| 1 | compel, in the case of the Disciplinary Board, any individual | ||||||
| 2 | who is licensed to
practice under this Act or holds a permit to | ||||||
| 3 | practice under this Act, or, in the case of the Licensing | ||||||
| 4 | Board, any individual who has applied for licensure or a permit
| ||||||
| 5 | pursuant to this Act, to submit to a mental or physical | ||||||
| 6 | examination and evaluation, or both,
which may include a | ||||||
| 7 | substance abuse or sexual offender evaluation, as required by | ||||||
| 8 | the Licensing Board or Disciplinary Board and at the expense of | ||||||
| 9 | the Department. The Disciplinary Board or Licensing Board shall | ||||||
| 10 | specifically designate the examining physician licensed to | ||||||
| 11 | practice medicine in all of its branches or, if applicable, the | ||||||
| 12 | multidisciplinary team involved in providing the mental or | ||||||
| 13 | physical examination and evaluation, or both. The | ||||||
| 14 | multidisciplinary team shall be led by a physician licensed to | ||||||
| 15 | practice medicine in all of its branches and may consist of one | ||||||
| 16 | or more or a combination of physicians licensed to practice | ||||||
| 17 | medicine in all of its branches, licensed chiropractic | ||||||
| 18 | physicians, licensed clinical psychologists, licensed clinical | ||||||
| 19 | social workers, licensed clinical professional counselors, and | ||||||
| 20 | other professional and administrative staff. Any examining | ||||||
| 21 | physician or member of the multidisciplinary team may require | ||||||
| 22 | any person ordered to submit to an examination and evaluation | ||||||
| 23 | pursuant to this Section to submit to any additional | ||||||
| 24 | supplemental testing deemed necessary to complete any | ||||||
| 25 | examination or evaluation process, including, but not limited | ||||||
| 26 | to, blood testing, urinalysis, psychological testing, or | ||||||
| |||||||
| |||||||
| 1 | neuropsychological testing.
The Disciplinary Board, the | ||||||
| 2 | Licensing Board, or the Department may order the examining
| ||||||
| 3 | physician or any member of the multidisciplinary team to | ||||||
| 4 | provide to the Department, the Disciplinary Board, or the | ||||||
| 5 | Licensing Board any and all records, including business | ||||||
| 6 | records, that relate to the examination and evaluation, | ||||||
| 7 | including any supplemental testing performed. The Disciplinary | ||||||
| 8 | Board, the Licensing Board, or the Department may order the | ||||||
| 9 | examining physician or any member of the multidisciplinary team | ||||||
| 10 | to present testimony concerning this examination
and | ||||||
| 11 | evaluation of the licensee, permit holder, or applicant, | ||||||
| 12 | including testimony concerning any supplemental testing or | ||||||
| 13 | documents relating to the examination and evaluation. No | ||||||
| 14 | information, report, record, or other documents in any way | ||||||
| 15 | related to the examination and evaluation shall be excluded by | ||||||
| 16 | reason of
any common
law or statutory privilege relating to | ||||||
| 17 | communication between the licensee, permit holder, or
| ||||||
| 18 | applicant and
the examining physician or any member of the | ||||||
| 19 | multidisciplinary team.
No authorization is necessary from the | ||||||
| 20 | licensee, permit holder, or applicant ordered to undergo an | ||||||
| 21 | evaluation and examination for the examining physician or any | ||||||
| 22 | member of the multidisciplinary team to provide information, | ||||||
| 23 | reports, records, or other documents or to provide any | ||||||
| 24 | testimony regarding the examination and evaluation. The | ||||||
| 25 | individual to be examined may have, at his or her own expense, | ||||||
| 26 | another
physician of his or her choice present during all | ||||||
| |||||||
| |||||||
| 1 | aspects of the examination.
Failure of any individual to submit | ||||||
| 2 | to mental or physical examination and evaluation, or both, when
| ||||||
| 3 | directed, shall result in an automatic suspension, without | ||||||
| 4 | hearing, until such time
as the individual submits to the | ||||||
| 5 | examination. If the Disciplinary Board or Licensing Board finds | ||||||
| 6 | a physician unable
to practice following an examination and | ||||||
| 7 | evaluation because of the reasons set forth in this Section, | ||||||
| 8 | the Disciplinary
Board or Licensing Board shall require such | ||||||
| 9 | physician to submit to care, counseling, or treatment
by | ||||||
| 10 | physicians, or other health care professionals, approved or | ||||||
| 11 | designated by the Disciplinary Board, as a condition
for | ||||||
| 12 | issued, continued, reinstated, or renewed licensure to | ||||||
| 13 | practice. Any physician,
whose license was granted pursuant to | ||||||
| 14 | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||||||
| 15 | renewed, disciplined or supervised, subject to such
terms, | ||||||
| 16 | conditions, or restrictions who shall fail to comply with such | ||||||
| 17 | terms,
conditions, or restrictions, or to complete a required | ||||||
| 18 | program of care,
counseling, or treatment, as determined by the | ||||||
| 19 | Chief Medical Coordinator or
Deputy Medical Coordinators, | ||||||
| 20 | shall be referred to the Secretary for a
determination as to | ||||||
| 21 | whether the licensee shall have his or her their license | ||||||
| 22 | suspended
immediately, pending a hearing by the Disciplinary | ||||||
| 23 | Board. In instances in
which the Secretary immediately suspends | ||||||
| 24 | a license under this Section, a hearing
upon such person's | ||||||
| 25 | license must be convened by the Disciplinary Board within 15
| ||||||
| 26 | days after such suspension and completed without appreciable | ||||||
| |||||||
| |||||||
| 1 | delay. The
Disciplinary Board shall have the authority to | ||||||
| 2 | review the subject physician's
record of treatment and | ||||||
| 3 | counseling regarding the impairment, to the extent
permitted by | ||||||
| 4 | applicable federal statutes and regulations safeguarding the
| ||||||
| 5 | confidentiality of medical records.
| ||||||
| 6 | An individual licensed under this Act, affected under this | ||||||
| 7 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
| 8 | Disciplinary Board that he or she they can
resume practice in | ||||||
| 9 | compliance with acceptable and prevailing standards under
the | ||||||
| 10 | provisions of his or her their license.
| ||||||
| 11 | The Department may promulgate rules for the imposition of | ||||||
| 12 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
| 13 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
| 14 | other forms of disciplinary action, but
shall not be the | ||||||
| 15 | exclusive disposition of any disciplinary action arising out
of | ||||||
| 16 | conduct resulting in death or injury to a patient. Any funds | ||||||
| 17 | collected from
such fines shall be deposited in the Illinois | ||||||
| 18 | State Medical Disciplinary Fund.
| ||||||
| 19 | All fines imposed under this Section shall be paid within | ||||||
| 20 | 60 days after the effective date of the order imposing the fine | ||||||
| 21 | or in accordance with the terms set forth in the order imposing | ||||||
| 22 | the fine. | ||||||
| 23 | (B) The Department shall revoke the license or
permit | ||||||
| 24 | issued under this Act to practice medicine or a chiropractic | ||||||
| 25 | physician who
has been convicted a second time of committing | ||||||
| 26 | any felony under the
Illinois Controlled Substances Act or the | ||||||
| |||||||
| |||||||
| 1 | Methamphetamine Control and Community Protection Act, or who | ||||||
| 2 | has been convicted a second time of
committing a Class 1 felony | ||||||
| 3 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
| 4 | person whose license or permit is revoked
under
this subsection | ||||||
| 5 | B shall be prohibited from practicing
medicine or treating | ||||||
| 6 | human ailments without the use of drugs and without
operative | ||||||
| 7 | surgery.
| ||||||
| 8 | (C) The Department shall not revoke, suspend, place on | ||||||
| 9 | probation, reprimand, refuse to issue or renew, or take any | ||||||
| 10 | other disciplinary or non-disciplinary action against the | ||||||
| 11 | license or permit issued under this Act to practice medicine to | ||||||
| 12 | a physician: | ||||||
| 13 | (1) based solely upon the recommendation of the | ||||||
| 14 | physician to an eligible patient regarding, or | ||||||
| 15 | prescription for, or treatment with, an investigational | ||||||
| 16 | drug, biological product, or device; or | ||||||
| 17 | (2) for experimental treatment for Lyme disease or | ||||||
| 18 | other tick-borne diseases, including, but not limited to, | ||||||
| 19 | the prescription of or treatment with long-term | ||||||
| 20 | antibiotics. | ||||||
| 21 | (D) The Disciplinary Board shall recommend to the
| ||||||
| 22 | Department civil
penalties and any other appropriate | ||||||
| 23 | discipline in disciplinary cases when the
Board finds that a | ||||||
| 24 | physician willfully performed an abortion with actual
| ||||||
| 25 | knowledge that the person upon whom the abortion has been | ||||||
| 26 | performed is a minor
or an incompetent person without notice as | ||||||
| |||||||
| |||||||
| 1 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
| 2 | Upon the Board's recommendation, the Department shall
impose, | ||||||
| 3 | for the first violation, a civil penalty of $1,000 and for a | ||||||
| 4 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
| 5 | (Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; | ||||||
| 6 | 100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. | ||||||
| 7 | 1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363, | ||||||
| 8 | eff. 8-9-19; revised 9-20-19.)
| ||||||
| 9 | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||||||
| 10 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 11 | Sec. 36. Investigation; notice. | ||||||
| 12 | (a) Upon the motion of either the Department
or the | ||||||
| 13 | Disciplinary Board or upon the verified complaint in
writing of | ||||||
| 14 | any person setting forth facts which, if proven,
would | ||||||
| 15 | constitute grounds for suspension or revocation under
Section | ||||||
| 16 | 22 of this Act, the Department shall investigate the
actions of | ||||||
| 17 | any person, so accused, who holds or represents
that he or she | ||||||
| 18 | holds a license. Such person is hereinafter called
the accused.
| ||||||
| 19 | (b) The Department shall, before suspending, revoking,
| ||||||
| 20 | placing on probationary status, or taking any other
| ||||||
| 21 | disciplinary action as the Department may deem proper with
| ||||||
| 22 | regard to any license at least 30 days prior to the date set
| ||||||
| 23 | for the hearing, notify the accused in writing of any
charges | ||||||
| 24 | made and the time and place for a hearing of the
charges before | ||||||
| 25 | the Disciplinary Board, direct him or her to file his or her
| ||||||
| |||||||
| |||||||
| 1 | written answer thereto to the Disciplinary Board under
oath | ||||||
| 2 | within 20 days after the service on him or her of such notice
| ||||||
| 3 | and inform him or her that if he or she fails to file such | ||||||
| 4 | answer
default will be taken against him or her and his or her | ||||||
| 5 | license may be
suspended, revoked, placed on probationary | ||||||
| 6 | status, or have
other disciplinary action, including limiting | ||||||
| 7 | the scope,
nature or extent of his or her practice, as the | ||||||
| 8 | Department may
deem proper taken with regard thereto. The | ||||||
| 9 | Department shall, at least 14 days prior to the date set for | ||||||
| 10 | the hearing, notify in writing any person who filed a complaint | ||||||
| 11 | against the accused of the time and place for the hearing of | ||||||
| 12 | the charges against the accused before the Disciplinary Board | ||||||
| 13 | and inform such person whether he or she may provide testimony | ||||||
| 14 | at the hearing.
| ||||||
| 15 | (c) (Blank).
| ||||||
| 16 | (d) Such written notice and any notice in such proceedings
| ||||||
| 17 | thereafter may be served by personal delivery, email to the | ||||||
| 18 | respondent's email address of record, or mail to the | ||||||
| 19 | respondent's address of record.
| ||||||
| 20 | (e) All information gathered by the Department during its | ||||||
| 21 | investigation
including information subpoenaed
under Section | ||||||
| 22 | 23 or 38 of this Act and the investigative file shall be kept | ||||||
| 23 | for
the confidential use of the Secretary, Disciplinary Board, | ||||||
| 24 | the Medical
Coordinators, persons employed by contract to | ||||||
| 25 | advise the Medical Coordinator or
the Department, the
| ||||||
| 26 | Disciplinary Board's attorneys, the medical investigative | ||||||
| |||||||
| |||||||
| 1 | staff, and authorized
clerical staff, as provided in this Act | ||||||
| 2 | and shall be afforded the same status
as is provided | ||||||
| 3 | information concerning medical studies in Part 21 of Article
| ||||||
| 4 | VIII of the Code of Civil Procedure, except that the Department | ||||||
| 5 | may disclose information and documents to a federal, State, or | ||||||
| 6 | local law enforcement agency pursuant to a subpoena in an | ||||||
| 7 | ongoing criminal investigation to a health care licensing body | ||||||
| 8 | of this State or another state or jurisdiction pursuant to an | ||||||
| 9 | official request made by that licensing body. Furthermore, | ||||||
| 10 | information and documents disclosed to a federal, State, or | ||||||
| 11 | local law enforcement agency may be used by that agency only | ||||||
| 12 | for the investigation and prosecution of a criminal offense or, | ||||||
| 13 | in the case of disclosure to a health care licensing body, only | ||||||
| 14 | for investigations and disciplinary action proceedings with | ||||||
| 15 | regard to a license issued by that licensing body.
| ||||||
| 16 | (Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19; | ||||||
| 17 | revised 9-20-19.)
| ||||||
| 18 | Section 460. The Nurse Practice Act is amended by changing | ||||||
| 19 | Section 70-5 as follows:
| ||||||
| 20 | (225 ILCS 65/70-5)
(was 225 ILCS 65/10-45)
| ||||||
| 21 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
| 22 | Sec. 70-5. Grounds for disciplinary action.
| ||||||
| 23 | (a) The Department may
refuse to issue or
to renew, or may | ||||||
| 24 | revoke, suspend, place on
probation, reprimand, or take other | ||||||
| |||||||
| |||||||
| 1 | disciplinary or non-disciplinary action as the Department
may | ||||||
| 2 | deem appropriate, including fines not to exceed $10,000 per | ||||||
| 3 | violation, with regard to a license for any one or combination
| ||||||
| 4 | of the causes set forth in subsection (b) below.
All fines | ||||||
| 5 | collected under this Section shall be deposited in the Nursing
| ||||||
| 6 | Dedicated and Professional Fund.
| ||||||
| 7 | (b) Grounds for disciplinary action include the following:
| ||||||
| 8 | (1) Material deception in furnishing information to | ||||||
| 9 | the
Department.
| ||||||
| 10 | (2) Material violations of any provision of this Act or | ||||||
| 11 | violation of the rules of or final administrative action of
| ||||||
| 12 | the Secretary, after consideration of the recommendation | ||||||
| 13 | of the Board.
| ||||||
| 14 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 15 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 16 | sentencing of any crime, including, but not limited to, | ||||||
| 17 | convictions, preceding sentences of supervision, | ||||||
| 18 | conditional discharge, or first offender probation, under | ||||||
| 19 | the laws of any jurisdiction
of the
United States: (i) that | ||||||
| 20 | is a felony; or (ii) that is a misdemeanor, an
essential | ||||||
| 21 | element of which is dishonesty, or that is
directly related | ||||||
| 22 | to the practice of the profession.
| ||||||
| 23 | (4) A pattern of practice or other behavior which | ||||||
| 24 | demonstrates
incapacity
or incompetency to practice under | ||||||
| 25 | this Act.
| ||||||
| 26 | (5) Knowingly aiding or assisting another person in | ||||||
| |||||||
| |||||||
| 1 | violating
any
provision of this Act or rules.
| ||||||
| 2 | (6) Failing, within 90 days, to provide a response to a | ||||||
| 3 | request
for
information in response to a written request | ||||||
| 4 | made by the Department by
certified or registered mail or | ||||||
| 5 | by email to the email address of record.
| ||||||
| 6 | (7) Engaging in dishonorable, unethical or | ||||||
| 7 | unprofessional
conduct of a
character likely to deceive, | ||||||
| 8 | defraud or harm the public, as defined by
rule.
| ||||||
| 9 | (8) Unlawful taking, theft, selling, distributing, or | ||||||
| 10 | manufacturing of any drug, narcotic, or
prescription
| ||||||
| 11 | device.
| ||||||
| 12 | (9) Habitual or excessive use or addiction to alcohol,
| ||||||
| 13 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
| 14 | that could result in a licensee's
inability to practice | ||||||
| 15 | with reasonable judgment, skill or safety.
| ||||||
| 16 | (10) Discipline by another U.S. jurisdiction or | ||||||
| 17 | foreign
nation, if at
least one of the grounds for the | ||||||
| 18 | discipline is the same or substantially
equivalent to those | ||||||
| 19 | set forth in this Section.
| ||||||
| 20 | (11) A finding that the licensee, after having her or | ||||||
| 21 | his
license placed on
probationary status or subject to | ||||||
| 22 | conditions or restrictions, has violated the terms of | ||||||
| 23 | probation or failed to comply with such terms or | ||||||
| 24 | conditions.
| ||||||
| 25 | (12) Being named as a perpetrator in an indicated | ||||||
| 26 | report by
the
Department of Children and Family Services | ||||||
| |||||||
| |||||||
| 1 | and under the Abused and
Neglected Child Reporting Act, and | ||||||
| 2 | upon proof by clear and
convincing evidence that the | ||||||
| 3 | licensee has caused a child to be an abused
child or | ||||||
| 4 | neglected child as defined in the Abused and Neglected | ||||||
| 5 | Child
Reporting Act.
| ||||||
| 6 | (13) Willful omission to file or record, or willfully | ||||||
| 7 | impeding
the
filing or recording or inducing another person | ||||||
| 8 | to omit to file or record
medical reports as required by | ||||||
| 9 | law. | ||||||
| 10 | (13.5) Willfully failing to report an
instance of | ||||||
| 11 | suspected child abuse or neglect as required by the Abused | ||||||
| 12 | and
Neglected Child Reporting Act.
| ||||||
| 13 | (14) Gross negligence in the practice of practical, | ||||||
| 14 | professional, or advanced practice registered nursing.
| ||||||
| 15 | (15) Holding oneself out to be practicing nursing under | ||||||
| 16 | any
name other
than one's own.
| ||||||
| 17 | (16) Failure of a licensee to report to the Department | ||||||
| 18 | any adverse final action taken against him or her by | ||||||
| 19 | another licensing jurisdiction of the United States or any | ||||||
| 20 | foreign state or country, any peer review body, any health | ||||||
| 21 | care institution, any professional or nursing society or | ||||||
| 22 | association, any governmental agency, any law enforcement | ||||||
| 23 | agency, or any court or a nursing liability claim related | ||||||
| 24 | to acts or conduct similar to acts or conduct that would | ||||||
| 25 | constitute grounds for action as defined in this Section. | ||||||
| 26 | (17) Failure of a licensee to report to the Department | ||||||
| |||||||
| |||||||
| 1 | surrender by the licensee of a license or authorization to | ||||||
| 2 | practice nursing or advanced practice registered nursing | ||||||
| 3 | in another state or jurisdiction or current surrender by | ||||||
| 4 | the licensee of membership on any nursing staff or in any | ||||||
| 5 | nursing or advanced practice registered nursing or | ||||||
| 6 | professional association or society while under | ||||||
| 7 | disciplinary investigation by any of those authorities or | ||||||
| 8 | bodies for acts or conduct similar to acts or conduct that | ||||||
| 9 | would constitute grounds for action as defined by this | ||||||
| 10 | Section. | ||||||
| 11 | (18) Failing, within 60 days, to provide information in | ||||||
| 12 | response to a written request made by the Department. | ||||||
| 13 | (19) Failure to establish and maintain records of | ||||||
| 14 | patient care and treatment as required by law. | ||||||
| 15 | (20) Fraud, deceit or misrepresentation in applying | ||||||
| 16 | for or
procuring
a license under this Act or in connection | ||||||
| 17 | with applying for renewal of a
license under this Act.
| ||||||
| 18 | (21) Allowing another person or organization to use the | ||||||
| 19 | licensee's
licensees'
license to deceive the public.
| ||||||
| 20 | (22) Willfully making or filing false records or | ||||||
| 21 | reports in
the
licensee's practice, including but not | ||||||
| 22 | limited to false
records to support claims against the | ||||||
| 23 | medical assistance program of the
Department of Healthcare | ||||||
| 24 | and Family Services (formerly Department of Public Aid)
| ||||||
| 25 | under the Illinois Public Aid Code.
| ||||||
| 26 | (23) Attempting to subvert or cheat on a
licensing
| ||||||
| |||||||
| |||||||
| 1 | examination
administered under this Act.
| ||||||
| 2 | (24) Immoral conduct in the commission of an act, | ||||||
| 3 | including, but not limited to, sexual abuse,
sexual | ||||||
| 4 | misconduct, or sexual exploitation, related to the | ||||||
| 5 | licensee's practice.
| ||||||
| 6 | (25) Willfully or negligently violating the | ||||||
| 7 | confidentiality
between nurse
and patient except as | ||||||
| 8 | required by law.
| ||||||
| 9 | (26) Practicing under a false or assumed name, except | ||||||
| 10 | as provided by law.
| ||||||
| 11 | (27) The use of any false, fraudulent, or deceptive | ||||||
| 12 | statement
in any
document connected with the licensee's | ||||||
| 13 | practice.
| ||||||
| 14 | (28) Directly or indirectly giving to or receiving from | ||||||
| 15 | a person, firm,
corporation, partnership, or association a | ||||||
| 16 | fee, commission, rebate, or other
form of compensation for | ||||||
| 17 | professional services not actually or personally
rendered. | ||||||
| 18 | Nothing in this paragraph (28) affects any bona fide | ||||||
| 19 | independent contractor or employment arrangements among | ||||||
| 20 | health care professionals, health facilities, health care | ||||||
| 21 | providers, or other entities, except as otherwise | ||||||
| 22 | prohibited by law. Any employment arrangements may include | ||||||
| 23 | provisions for compensation, health insurance, pension, or | ||||||
| 24 | other employment benefits for the provision of services | ||||||
| 25 | within the scope of the licensee's practice under this Act. | ||||||
| 26 | Nothing in this paragraph (28) shall be construed to | ||||||
| |||||||
| |||||||
| 1 | require an employment arrangement to receive professional | ||||||
| 2 | fees for services rendered.
| ||||||
| 3 | (29) A violation of the Health Care Worker | ||||||
| 4 | Self-Referral Act.
| ||||||
| 5 | (30) Physical illness, mental illness, or disability | ||||||
| 6 | that
results in the inability to practice the profession | ||||||
| 7 | with reasonable judgment,
skill, or safety.
| ||||||
| 8 | (31) Exceeding the terms of a collaborative agreement | ||||||
| 9 | or the prescriptive authority delegated to a licensee by | ||||||
| 10 | his or her collaborating physician or podiatric physician | ||||||
| 11 | in guidelines established under a written collaborative | ||||||
| 12 | agreement. | ||||||
| 13 | (32) Making a false or misleading statement regarding a | ||||||
| 14 | licensee's skill or the efficacy or value of the medicine, | ||||||
| 15 | treatment, or remedy prescribed by him or her in the course | ||||||
| 16 | of treatment. | ||||||
| 17 | (33) Prescribing, selling, administering, | ||||||
| 18 | distributing, giving, or self-administering a drug | ||||||
| 19 | classified as a controlled substance (designated product) | ||||||
| 20 | or narcotic for other than medically accepted therapeutic | ||||||
| 21 | purposes. | ||||||
| 22 | (34) Promotion of the sale of drugs, devices, | ||||||
| 23 | appliances, or goods provided for a patient in a manner to | ||||||
| 24 | exploit the patient for financial gain. | ||||||
| 25 | (35) Violating State or federal laws, rules, or | ||||||
| 26 | regulations relating to controlled substances. | ||||||
| |||||||
| |||||||
| 1 | (36) Willfully or negligently violating the | ||||||
| 2 | confidentiality between an advanced practice registered | ||||||
| 3 | nurse, collaborating physician, dentist, or podiatric | ||||||
| 4 | physician and a patient, except as required by law. | ||||||
| 5 | (37) Willfully failing to report an instance of | ||||||
| 6 | suspected abuse, neglect, financial exploitation, or | ||||||
| 7 | self-neglect of an eligible adult as defined in and | ||||||
| 8 | required by the Adult Protective Services Act. | ||||||
| 9 | (38) Being named as an abuser in a verified report by | ||||||
| 10 | the Department on Aging and under the Adult Protective | ||||||
| 11 | Services Act, and upon proof by clear and convincing | ||||||
| 12 | evidence that the licensee abused, neglected, or | ||||||
| 13 | financially exploited an eligible adult as defined in the | ||||||
| 14 | Adult Protective Services Act. | ||||||
| 15 | (39) A violation of any provision of this Act or any | ||||||
| 16 | rules adopted under this Act. | ||||||
| 17 | (40) Violating the Compassionate Use of Medical | ||||||
| 18 | Cannabis Program Act. | ||||||
| 19 | (c) The determination by a circuit court that a licensee is
| ||||||
| 20 | subject to
involuntary admission or judicial admission as | ||||||
| 21 | provided in the Mental
Health and Developmental Disabilities | ||||||
| 22 | Code, as amended, operates as an
automatic suspension. The | ||||||
| 23 | suspension will end only upon a finding
by a
court that the | ||||||
| 24 | patient is no longer subject to involuntary admission or
| ||||||
| 25 | judicial admission and issues an order so finding and | ||||||
| 26 | discharging the
patient; and upon the recommendation of the | ||||||
| |||||||
| |||||||
| 1 | Board to the
Secretary that
the licensee be allowed to resume | ||||||
| 2 | his or her practice.
| ||||||
| 3 | (d) The Department may refuse to issue or may suspend or | ||||||
| 4 | otherwise discipline the
license of any
person who fails to | ||||||
| 5 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
| 6 | a filed return, or to pay any final assessment of the tax,
| ||||||
| 7 | penalty, or interest as required by any tax Act administered by | ||||||
| 8 | the
Department of Revenue, until such time as the requirements | ||||||
| 9 | of any
such tax Act are satisfied.
| ||||||
| 10 | (e) In enforcing this Act, the Department,
upon a showing | ||||||
| 11 | of a
possible
violation, may compel an individual licensed to | ||||||
| 12 | practice under this Act or
who has applied for licensure under | ||||||
| 13 | this Act, to submit
to a mental or physical examination, or | ||||||
| 14 | both, as required by and at the expense
of the Department. The | ||||||
| 15 | Department may order the examining physician to
present
| ||||||
| 16 | testimony concerning the mental or physical examination of the | ||||||
| 17 | licensee or
applicant. No information shall be excluded by | ||||||
| 18 | reason of any common law or
statutory privilege relating to | ||||||
| 19 | communications between the licensee or
applicant and the | ||||||
| 20 | examining physician. The examining
physicians
shall be | ||||||
| 21 | specifically designated by the Department.
The individual to be | ||||||
| 22 | examined may have, at his or her own expense, another
physician | ||||||
| 23 | of his or her choice present during all
aspects of this | ||||||
| 24 | examination. Failure of an individual to submit to a mental
or
| ||||||
| 25 | physical examination, when directed, shall result in an | ||||||
| 26 | automatic
suspension without hearing.
| ||||||
| |||||||
| |||||||
| 1 | All substance-related violations shall mandate an | ||||||
| 2 | automatic substance abuse assessment. Failure to submit to an | ||||||
| 3 | assessment by a licensed physician who is certified as an | ||||||
| 4 | addictionist or an advanced practice registered nurse with | ||||||
| 5 | specialty certification in addictions may be grounds for an | ||||||
| 6 | automatic suspension, as defined by rule.
| ||||||
| 7 | If the Department finds an individual unable to practice or | ||||||
| 8 | unfit for duty because
of
the
reasons
set forth in this | ||||||
| 9 | subsection (e), the Department may require that individual
to | ||||||
| 10 | submit
to
a substance abuse evaluation or treatment by | ||||||
| 11 | individuals or programs
approved
or designated by the | ||||||
| 12 | Department, as a condition, term, or restriction
for continued, | ||||||
| 13 | restored, or
renewed licensure to practice; or, in lieu of | ||||||
| 14 | evaluation or treatment,
the Department may file, or
the Board | ||||||
| 15 | may recommend to the Department to file, a complaint to | ||||||
| 16 | immediately
suspend, revoke, or otherwise discipline the | ||||||
| 17 | license of the individual.
An individual whose
license was | ||||||
| 18 | granted, continued, restored, renewed, disciplined or | ||||||
| 19 | supervised
subject to such terms, conditions, or restrictions, | ||||||
| 20 | and who fails to comply
with
such terms, conditions, or | ||||||
| 21 | restrictions, shall be referred to the Secretary for
a
| ||||||
| 22 | determination as to whether the individual shall have his or | ||||||
| 23 | her license
suspended immediately, pending a hearing by the | ||||||
| 24 | Department.
| ||||||
| 25 | In instances in which the Secretary immediately suspends a | ||||||
| 26 | person's license
under this subsection (e), a hearing on that | ||||||
| |||||||
| |||||||
| 1 | person's license must be convened by
the Department within 15 | ||||||
| 2 | days after the suspension and completed without
appreciable
| ||||||
| 3 | delay.
The Department and Board shall have the authority to | ||||||
| 4 | review the subject
individual's record of
treatment and | ||||||
| 5 | counseling regarding the impairment to the extent permitted by
| ||||||
| 6 | applicable federal statutes and regulations safeguarding the | ||||||
| 7 | confidentiality of
medical records.
| ||||||
| 8 | An individual licensed under this Act and affected under | ||||||
| 9 | this subsection (e) shall
be
afforded an opportunity to | ||||||
| 10 | demonstrate to the Department that he or
she can resume
| ||||||
| 11 | practice in compliance with nursing standards under the
| ||||||
| 12 | provisions of his or her license.
| ||||||
| 13 | (Source: P.A. 100-513, eff. 1-1-18; 101-363, eff. 8-9-19; | ||||||
| 14 | revised 12-5-19.)
| ||||||
| 15 | Section 465. The Physician Assistant Practice Act of 1987 | ||||||
| 16 | is amended by changing Section 21 as follows:
| ||||||
| 17 | (225 ILCS 95/21) (from Ch. 111, par. 4621)
| ||||||
| 18 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
| 19 | Sec. 21. Grounds for disciplinary action.
| ||||||
| 20 | (a) The Department may refuse to issue or to renew, or may
| ||||||
| 21 | revoke, suspend, place on probation, reprimand, or take other
| ||||||
| 22 | disciplinary or non-disciplinary action with regard to any | ||||||
| 23 | license issued under this Act as the
Department may deem | ||||||
| 24 | proper, including the issuance of fines not to exceed
$10,000
| ||||||
| |||||||
| |||||||
| 1 | for each violation, for any one or combination of the following | ||||||
| 2 | causes:
| ||||||
| 3 | (1) Material misstatement in furnishing information to | ||||||
| 4 | the Department.
| ||||||
| 5 | (2) Violations of this Act, or the rules adopted under | ||||||
| 6 | this Act.
| ||||||
| 7 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 8 | finding of guilt, jury verdict, or entry of judgment or | ||||||
| 9 | sentencing, including, but not limited to, convictions, | ||||||
| 10 | preceding sentences of supervision, conditional discharge, | ||||||
| 11 | or first offender probation, under the laws of any | ||||||
| 12 | jurisdiction of the United States that is: (i) a felony; or | ||||||
| 13 | (ii) a misdemeanor, an essential element of which is | ||||||
| 14 | dishonesty, or that is directly related to the practice of | ||||||
| 15 | the profession.
| ||||||
| 16 | (4) Making any misrepresentation for the purpose of | ||||||
| 17 | obtaining licenses.
| ||||||
| 18 | (5) Professional incompetence.
| ||||||
| 19 | (6) Aiding or assisting another person in violating any | ||||||
| 20 | provision of this
Act or its rules.
| ||||||
| 21 | (7) Failing, within 60 days, to provide information in | ||||||
| 22 | response to a
written request made by the Department.
| ||||||
| 23 | (8) Engaging in dishonorable, unethical, or | ||||||
| 24 | unprofessional conduct, as
defined by rule, of a character | ||||||
| 25 | likely to deceive, defraud, or harm the public.
| ||||||
| 26 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
| |||||||
| |||||||
| 1 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
| 2 | that results in a physician
assistant's inability to | ||||||
| 3 | practice with reasonable judgment, skill, or safety.
| ||||||
| 4 | (10) Discipline by another U.S. jurisdiction or | ||||||
| 5 | foreign nation, if at
least one of the grounds for | ||||||
| 6 | discipline is the same or substantially equivalent
to those | ||||||
| 7 | set forth in this Section.
| ||||||
| 8 | (11) Directly or indirectly giving to or receiving from | ||||||
| 9 | any person, firm,
corporation, partnership, or association | ||||||
| 10 | any fee, commission, rebate or
other form of compensation | ||||||
| 11 | for any professional services not actually or
personally | ||||||
| 12 | rendered. Nothing in this paragraph (11) affects any bona | ||||||
| 13 | fide independent contractor or employment arrangements, | ||||||
| 14 | which may include provisions for compensation, health | ||||||
| 15 | insurance, pension, or other employment benefits, with | ||||||
| 16 | persons or entities authorized under this Act for the | ||||||
| 17 | provision of services within the scope of the licensee's | ||||||
| 18 | practice under this Act.
| ||||||
| 19 | (12) A finding by the Disciplinary Board that the | ||||||
| 20 | licensee, after having
his or her license placed on | ||||||
| 21 | probationary status has violated the terms of
probation.
| ||||||
| 22 | (13) Abandonment of a patient.
| ||||||
| 23 | (14) Willfully making or filing false records or | ||||||
| 24 | reports in his or her
practice, including but not limited | ||||||
| 25 | to false records filed with state agencies
or departments.
| ||||||
| 26 | (15) Willfully failing to report an instance of | ||||||
| |||||||
| |||||||
| 1 | suspected child abuse or
neglect as required by the Abused | ||||||
| 2 | and Neglected Child Reporting Act.
| ||||||
| 3 | (16) Physical illness, or mental illness or impairment
| ||||||
| 4 | that results in the inability to practice the profession | ||||||
| 5 | with
reasonable judgment, skill, or safety, including, but | ||||||
| 6 | not limited to, deterioration through the aging process or | ||||||
| 7 | loss of motor skill.
| ||||||
| 8 | (17) Being named as a perpetrator in an indicated | ||||||
| 9 | report by the
Department of Children and Family Services | ||||||
| 10 | under the Abused and
Neglected Child Reporting Act, and | ||||||
| 11 | upon proof by clear and convincing evidence
that the | ||||||
| 12 | licensee has caused a child to be an abused child or | ||||||
| 13 | neglected child
as defined in the Abused and Neglected | ||||||
| 14 | Child Reporting Act.
| ||||||
| 15 | (18) (Blank).
| ||||||
| 16 | (19) Gross negligence
resulting in permanent injury or | ||||||
| 17 | death
of a patient.
| ||||||
| 18 | (20) Employment of fraud, deception or any unlawful | ||||||
| 19 | means in applying for
or securing a license as a physician | ||||||
| 20 | assistant.
| ||||||
| 21 | (21) Exceeding the authority delegated to him or her by | ||||||
| 22 | his or her collaborating
physician in a written | ||||||
| 23 | collaborative agreement.
| ||||||
| 24 | (22) Immoral conduct in the commission of any act, such | ||||||
| 25 | as sexual abuse,
sexual misconduct, or sexual exploitation | ||||||
| 26 | related to the licensee's practice.
| ||||||
| |||||||
| |||||||
| 1 | (23) Violation of the Health Care Worker Self-Referral | ||||||
| 2 | Act.
| ||||||
| 3 | (24) Practicing under a false or assumed name, except | ||||||
| 4 | as provided by law.
| ||||||
| 5 | (25) Making a false or misleading statement regarding | ||||||
| 6 | his or her skill or
the efficacy or value of the medicine, | ||||||
| 7 | treatment, or remedy prescribed by him
or her in the course | ||||||
| 8 | of treatment.
| ||||||
| 9 | (26) Allowing another person to use his or her license | ||||||
| 10 | to practice.
| ||||||
| 11 | (27) Prescribing, selling, administering, | ||||||
| 12 | distributing, giving, or
self-administering a drug | ||||||
| 13 | classified as a controlled substance for other than | ||||||
| 14 | medically accepted medically-accepted therapeutic | ||||||
| 15 | purposes.
| ||||||
| 16 | (28) Promotion of the sale of drugs, devices, | ||||||
| 17 | appliances, or goods
provided for a patient in a manner to | ||||||
| 18 | exploit the patient for financial gain.
| ||||||
| 19 | (29) A pattern of practice or other behavior that | ||||||
| 20 | demonstrates incapacity
or incompetence to practice under | ||||||
| 21 | this Act.
| ||||||
| 22 | (30) Violating State or federal laws or regulations | ||||||
| 23 | relating to controlled
substances or other legend drugs or | ||||||
| 24 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
| 25 | (31) Exceeding the prescriptive authority delegated by | ||||||
| 26 | the collaborating
physician or violating the written | ||||||
| |||||||
| |||||||
| 1 | collaborative agreement delegating that
authority.
| ||||||
| 2 | (32) Practicing without providing to the Department a | ||||||
| 3 | notice of collaboration
or delegation of
prescriptive | ||||||
| 4 | authority.
| ||||||
| 5 | (33) Failure to establish and maintain records of | ||||||
| 6 | patient care and treatment as required by law. | ||||||
| 7 | (34) Attempting to subvert or cheat on the examination | ||||||
| 8 | of the National Commission on Certification of Physician | ||||||
| 9 | Assistants or its successor agency. | ||||||
| 10 | (35) Willfully or negligently violating the | ||||||
| 11 | confidentiality between physician assistant and patient, | ||||||
| 12 | except as required by law. | ||||||
| 13 | (36) Willfully failing to report an instance of | ||||||
| 14 | suspected abuse, neglect, financial exploitation, or | ||||||
| 15 | self-neglect of an eligible adult as defined in and | ||||||
| 16 | required by the Adult Protective Services Act. | ||||||
| 17 | (37) Being named as an abuser in a verified report by | ||||||
| 18 | the Department on Aging under the Adult Protective Services | ||||||
| 19 | Act and upon proof by clear and convincing evidence that | ||||||
| 20 | the licensee abused, neglected, or financially exploited | ||||||
| 21 | an eligible adult as defined in the Adult Protective | ||||||
| 22 | Services Act. | ||||||
| 23 | (38) Failure to report to the Department an adverse | ||||||
| 24 | final action taken against him or her by another licensing | ||||||
| 25 | jurisdiction of the United States or a foreign state or | ||||||
| 26 | country, a peer review body, a health care institution, a | ||||||
| |||||||
| |||||||
| 1 | professional society or association, a governmental | ||||||
| 2 | agency, a law enforcement agency, or a court acts or | ||||||
| 3 | conduct similar to acts or conduct that would constitute | ||||||
| 4 | grounds for action under this Section. | ||||||
| 5 | (39) Failure to provide copies of records of patient | ||||||
| 6 | care or treatment, except as required by law. | ||||||
| 7 | (40) Entering into an excessive number of written | ||||||
| 8 | collaborative agreements with licensed physicians | ||||||
| 9 | resulting in an inability to adequately collaborate. | ||||||
| 10 | (41) Repeated failure to adequately collaborate with a | ||||||
| 11 | collaborating physician. | ||||||
| 12 | (42) Violating the Compassionate Use of Medical | ||||||
| 13 | Cannabis Program Act. | ||||||
| 14 | (b) The Department may, without a hearing, refuse to issue | ||||||
| 15 | or renew or may suspend the license of any
person who fails to | ||||||
| 16 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
| 17 | a filed return, or to pay any final assessment of the tax,
| ||||||
| 18 | penalty, or interest as required by any tax Act administered by | ||||||
| 19 | the
Illinois Department of Revenue, until such time as the | ||||||
| 20 | requirements of any
such tax Act are satisfied.
| ||||||
| 21 | (c) The determination by a circuit court that a licensee is | ||||||
| 22 | subject to
involuntary admission or judicial admission as | ||||||
| 23 | provided in the Mental Health
and Developmental Disabilities | ||||||
| 24 | Code operates as an automatic suspension.
The
suspension will | ||||||
| 25 | end only upon a finding by a court that the patient is no
| ||||||
| 26 | longer subject to involuntary admission or judicial admission | ||||||
| |||||||
| |||||||
| 1 | and issues an
order so finding and discharging the patient, and | ||||||
| 2 | upon the
recommendation of
the Disciplinary Board to the | ||||||
| 3 | Secretary
that the licensee be allowed to resume
his or her | ||||||
| 4 | practice.
| ||||||
| 5 | (d) In enforcing this Section, the Department upon a | ||||||
| 6 | showing of a
possible
violation may compel an individual | ||||||
| 7 | licensed to practice under this Act, or
who has applied for | ||||||
| 8 | licensure under this Act, to submit
to a mental or physical | ||||||
| 9 | examination, or both, which may include a substance abuse or | ||||||
| 10 | sexual offender evaluation, as required by and at the expense
| ||||||
| 11 | of the Department. | ||||||
| 12 | The Department shall specifically designate the examining | ||||||
| 13 | physician licensed to practice medicine in all of its branches | ||||||
| 14 | or, if applicable, the multidisciplinary team involved in | ||||||
| 15 | providing the mental or physical examination or both. The | ||||||
| 16 | multidisciplinary team shall be led by a physician licensed to | ||||||
| 17 | practice medicine in all of its branches and may consist of one | ||||||
| 18 | or more or a combination of physicians licensed to practice | ||||||
| 19 | medicine in all of its branches, licensed clinical | ||||||
| 20 | psychologists, licensed clinical social workers, licensed | ||||||
| 21 | clinical professional counselors, and other professional and | ||||||
| 22 | administrative staff. Any examining physician or member of the | ||||||
| 23 | multidisciplinary team may require any person ordered to submit | ||||||
| 24 | to an examination pursuant to this Section to submit to any | ||||||
| 25 | additional supplemental testing deemed necessary to complete | ||||||
| 26 | any examination or evaluation process, including, but not | ||||||
| |||||||
| |||||||
| 1 | limited to, blood testing, urinalysis, psychological testing, | ||||||
| 2 | or neuropsychological testing. | ||||||
| 3 | The Department may order the examining physician or any | ||||||
| 4 | member of the multidisciplinary team to provide to the | ||||||
| 5 | Department any and all records, including business records, | ||||||
| 6 | that relate to the examination and evaluation, including any | ||||||
| 7 | supplemental testing performed. | ||||||
| 8 | The Department may order the examining physician or any | ||||||
| 9 | member of the multidisciplinary team to
present
testimony | ||||||
| 10 | concerning the mental or physical examination of the licensee | ||||||
| 11 | or
applicant. No information, report, record, or other | ||||||
| 12 | documents in any way related to the examination shall be | ||||||
| 13 | excluded by reason of any common law or
statutory privilege | ||||||
| 14 | relating to communications between the licensee or
applicant | ||||||
| 15 | and the examining physician or any member of the | ||||||
| 16 | multidisciplinary team. No authorization is necessary from the | ||||||
| 17 | licensee or applicant ordered to undergo an examination for the | ||||||
| 18 | examining physician or any member of the multidisciplinary team | ||||||
| 19 | to provide information, reports, records, or other documents or | ||||||
| 20 | to provide any testimony regarding the examination and | ||||||
| 21 | evaluation. | ||||||
| 22 | The individual to be examined may have, at his or her own | ||||||
| 23 | expense, another
physician of his or her choice present during | ||||||
| 24 | all
aspects of this examination. However, that physician shall | ||||||
| 25 | be present only to observe and may not interfere in any way | ||||||
| 26 | with the examination. | ||||||
| |||||||
| |||||||
| 1 | Failure of an individual to submit to a mental
or
physical | ||||||
| 2 | examination, when ordered, shall result in an automatic | ||||||
| 3 | suspension of his or
her
license until the individual submits | ||||||
| 4 | to the examination.
| ||||||
| 5 | If the Department finds an individual unable to practice | ||||||
| 6 | because of
the
reasons
set forth in this Section, the | ||||||
| 7 | Department may require that individual
to submit
to
care, | ||||||
| 8 | counseling, or treatment by physicians approved
or designated | ||||||
| 9 | by the Department, as a condition, term, or restriction
for | ||||||
| 10 | continued,
reinstated, or
renewed licensure to practice; or, in | ||||||
| 11 | lieu of care, counseling, or treatment,
the Department may file
| ||||||
| 12 | a complaint to immediately
suspend, revoke, or otherwise | ||||||
| 13 | discipline the license of the individual.
An individual whose
| ||||||
| 14 | license was granted, continued, reinstated, renewed, | ||||||
| 15 | disciplined, or supervised
subject to such terms, conditions, | ||||||
| 16 | or restrictions, and who fails to comply
with
such terms, | ||||||
| 17 | conditions, or restrictions, shall be referred to the Secretary
| ||||||
| 18 | for
a
determination as to whether the individual shall have his | ||||||
| 19 | or her license
suspended immediately, pending a hearing by the | ||||||
| 20 | Department.
| ||||||
| 21 | In instances in which the Secretary
immediately suspends a | ||||||
| 22 | person's license
under this Section, a hearing on that person's | ||||||
| 23 | license must be convened by
the Department within 30
days after | ||||||
| 24 | the suspension and completed without
appreciable
delay.
The | ||||||
| 25 | Department shall have the authority to review the subject
| ||||||
| 26 | individual's record of
treatment and counseling regarding the | ||||||
| |||||||
| |||||||
| 1 | impairment to the extent permitted by
applicable federal | ||||||
| 2 | statutes and regulations safeguarding the confidentiality of
| ||||||
| 3 | medical records.
| ||||||
| 4 | An individual licensed under this Act and affected under | ||||||
| 5 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
| 6 | the Department that he or
she can resume
practice in compliance | ||||||
| 7 | with acceptable and prevailing standards under the
provisions | ||||||
| 8 | of his or her license.
| ||||||
| 9 | (e) An individual or organization acting in good faith, and | ||||||
| 10 | not in a willful and wanton manner, in complying with this | ||||||
| 11 | Section by providing a report or other information to the | ||||||
| 12 | Board, by assisting in the investigation or preparation of a | ||||||
| 13 | report or information, by participating in proceedings of the | ||||||
| 14 | Board, or by serving as a member of the Board, shall not be | ||||||
| 15 | subject to criminal prosecution or civil damages as a result of | ||||||
| 16 | such actions. | ||||||
| 17 | (f) Members of the Board and the Disciplinary Board shall | ||||||
| 18 | be indemnified by the State for any actions occurring within | ||||||
| 19 | the scope of services on the Disciplinary Board or Board, done | ||||||
| 20 | in good faith and not willful and wanton in nature. The | ||||||
| 21 | Attorney General shall defend all such actions unless he or she | ||||||
| 22 | determines either that there would be a conflict of interest in | ||||||
| 23 | such representation or that the actions complained of were not | ||||||
| 24 | in good faith or were willful and wanton. | ||||||
| 25 | If the Attorney General declines representation, the | ||||||
| 26 | member has the right to employ counsel of his or her choice, | ||||||
| |||||||
| |||||||
| 1 | whose fees shall be provided by the State, after approval by | ||||||
| 2 | the Attorney General, unless there is a determination by a | ||||||
| 3 | court that the member's actions were not in good faith or were | ||||||
| 4 | willful and wanton. | ||||||
| 5 | The member must notify the Attorney General within 7 days | ||||||
| 6 | after receipt of notice of the initiation of any action | ||||||
| 7 | involving services of the Disciplinary Board. Failure to so | ||||||
| 8 | notify the Attorney General constitutes an absolute waiver of | ||||||
| 9 | the right to a defense and indemnification. | ||||||
| 10 | The Attorney General shall determine, within 7 days after | ||||||
| 11 | receiving such notice, whether he or she will undertake to | ||||||
| 12 | represent the member. | ||||||
| 13 | (Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19; | ||||||
| 14 | 101-363, eff. 8-9-19; revised 12-5-19.)
| ||||||
| 15 | Section 470. The Perfusionist Practice Act is amended by | ||||||
| 16 | changing Sections 105 and 210 as follows:
| ||||||
| 17 | (225 ILCS 125/105)
| ||||||
| 18 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
| 19 | Sec. 105. Grounds for disciplinary action.
| ||||||
| 20 | (a) The Department may refuse to issue, renew, or restore a
| ||||||
| 21 | license, or may revoke, suspend, place on
probation, reprimand, | ||||||
| 22 | or take any other disciplinary or non-disciplinary
action as | ||||||
| 23 | the Department may deem proper,
including fines not to
exceed | ||||||
| 24 | $10,000 per violation with regard to any license issued under | ||||||
| |||||||
| |||||||
| 1 | this Act, for any one or a combination
of the following | ||||||
| 2 | reasons:
| ||||||
| 3 | (1) Making a material misstatement in furnishing
| ||||||
| 4 | information to the Department.
| ||||||
| 5 | (2) Negligence, incompetence, or misconduct in the | ||||||
| 6 | practice of perfusion.
| ||||||
| 7 | (3) Failure to comply with any provisions of this Act | ||||||
| 8 | or any of its rules.
| ||||||
| 9 | (4) Fraud or any misrepresentation in applying for or | ||||||
| 10 | procuring a license under this Act or in connection with | ||||||
| 11 | applying for renewal or restoration of a license under this | ||||||
| 12 | Act.
| ||||||
| 13 | (5) Purposefully making false statements or signing | ||||||
| 14 | false statements, certificates, or affidavits to induce | ||||||
| 15 | payment.
| ||||||
| 16 | (6) Conviction of or entry of a plea of guilty or nolo | ||||||
| 17 | contendere, finding of guilt, jury verdict, or entry of | ||||||
| 18 | judgment or sentencing, including, but not limited to, | ||||||
| 19 | convictions, preceding sentences of supervision, | ||||||
| 20 | conditional discharge, or first offender probation under | ||||||
| 21 | the laws of any jurisdiction of the United States that is | ||||||
| 22 | (i) a felony or (ii) a misdemeanor, an essential element of | ||||||
| 23 | which is dishonesty, that is directly related to the | ||||||
| 24 | practice of the profession of perfusion.
| ||||||
| 25 | (7) Aiding or assisting another in violating any | ||||||
| 26 | provision of this Act or its rules.
| ||||||
| |||||||
| |||||||
| 1 | (8) Failing to provide information in response to a | ||||||
| 2 | written request made by the Department within 60 days after | ||||||
| 3 | receipt of such written request.
| ||||||
| 4 | (9) Engaging in dishonorable, unethical, or | ||||||
| 5 | unprofessional conduct of a character likely to deceive, | ||||||
| 6 | defraud, or harm the public as defined by rule.
| ||||||
| 7 | (10) Habitual or excessive use or abuse of drugs | ||||||
| 8 | defined in law as controlled substances, of alcohol, | ||||||
| 9 | narcotics, stimulants, or any other substances that | ||||||
| 10 | results in the inability to practice with reasonable | ||||||
| 11 | judgment, skill, or safety.
| ||||||
| 12 | (11) A finding by the Department that an applicant or | ||||||
| 13 | licensee has failed to pay a fine imposed by the | ||||||
| 14 | Department.
| ||||||
| 15 | (12) A finding by the Department that the licensee, | ||||||
| 16 | after having his or her license placed on probationary | ||||||
| 17 | status, has violated the terms of probation, or failed to | ||||||
| 18 | comply with such terms.
| ||||||
| 19 | (13) Inability to practice the profession with | ||||||
| 20 | reasonable judgment, skill, or safety as a result of | ||||||
| 21 | physical illness, including, but not limited to, | ||||||
| 22 | deterioration through the aging process, loss of motor | ||||||
| 23 | skill, mental illness, or disability.
| ||||||
| 24 | (14) Discipline by another state, territory, foreign | ||||||
| 25 | country, the District of Columbia, the United States | ||||||
| 26 | government, or any other government agency if at least one | ||||||
| |||||||
| |||||||
| 1 | of the grounds for discipline is the same or substantially | ||||||
| 2 | equivalent to those set forth in this Act.
| ||||||
| 3 | (15) The making of any willfully false oath or | ||||||
| 4 | affirmation in any matter or proceeding where an oath or | ||||||
| 5 | affirmation is required by this Act.
| ||||||
| 6 | (16) Using or attempting to use an expired, inactive, | ||||||
| 7 | suspended, or revoked license, or the certificate or seal | ||||||
| 8 | of another, or impersonating another licensee.
| ||||||
| 9 | (17) Directly or indirectly giving to or receiving from | ||||||
| 10 | any person or entity any fee, commission, rebate, or other | ||||||
| 11 | form of compensation for any professional service not | ||||||
| 12 | actually or personally rendered.
| ||||||
| 13 | (18) Willfully making or filing false records or | ||||||
| 14 | reports related to the licensee's practice, including, but | ||||||
| 15 | not limited to, false records filed with federal or State | ||||||
| 16 | agencies or departments.
| ||||||
| 17 | (19) Willfully failing to report an instance of | ||||||
| 18 | suspected child abuse or neglect as required under the | ||||||
| 19 | Abused and Neglected Child Reporting Act.
| ||||||
| 20 | (20) Being named as a perpetrator in an indicated | ||||||
| 21 | report by the Department of Children and Family Services | ||||||
| 22 | under the Abused and Neglected Child Reporting Act and upon | ||||||
| 23 | proof, by clear and convincing evidence, that the licensee | ||||||
| 24 | has caused a child to be an abused child or neglected child | ||||||
| 25 | as defined in the Abused and Neglected Child Reporting Act.
| ||||||
| 26 | (21) Immoral conduct in the commission of an act | ||||||
| |||||||
| |||||||
| 1 | related to the licensee's
practice, including but not | ||||||
| 2 | limited to sexual abuse, sexual misconduct,
or sexual | ||||||
| 3 | exploitation.
| ||||||
| 4 | (22) Violation of
the Health Care Worker Self-Referral | ||||||
| 5 | Act.
| ||||||
| 6 | (23) Solicitation of business or professional | ||||||
| 7 | services, other than permitted advertising. | ||||||
| 8 | (24) Conviction of or cash compromise of a charge or | ||||||
| 9 | violation of the Illinois Controlled Substances Act. | ||||||
| 10 | (25) Gross, willful, or continued overcharging for | ||||||
| 11 | professional services, including filing false statements | ||||||
| 12 | for collection of fees for which services are not rendered. | ||||||
| 13 | (26) Practicing under a false name or, except as | ||||||
| 14 | allowed by law, an assumed name.
| ||||||
| 15 | (b) In enforcing this Section, the Department or Board, | ||||||
| 16 | upon a showing of a possible violation, may order a licensee or | ||||||
| 17 | applicant to submit to a mental or physical examination, or | ||||||
| 18 | both, at the expense of the Department. The Department or Board | ||||||
| 19 | may order the examining physician to present testimony | ||||||
| 20 | concerning his or her examination of the licensee or applicant. | ||||||
| 21 | No information shall be excluded by reason of any common law or | ||||||
| 22 | statutory privilege relating to communications between the | ||||||
| 23 | licensee or applicant and the examining physician. The | ||||||
| 24 | examining physicians shall be specifically designated by the | ||||||
| 25 | Board or Department. The licensee or applicant may have, at his | ||||||
| 26 | or her own expense, another physician of his or her choice | ||||||
| |||||||
| |||||||
| 1 | present during all aspects of the examination. Failure of a | ||||||
| 2 | licensee or applicant to submit to any such examination when | ||||||
| 3 | directed, without reasonable cause as defined by rule, shall be | ||||||
| 4 | grounds for either the immediate suspension of his or her | ||||||
| 5 | license or immediate denial of his or her application. | ||||||
| 6 | (1) If the Secretary immediately suspends the license | ||||||
| 7 | of a licensee for his or her failure to submit to a mental | ||||||
| 8 | or physical examination when directed, a hearing must be | ||||||
| 9 | convened by the Department within 15 days after the | ||||||
| 10 | suspension and completed without appreciable delay. | ||||||
| 11 | (2) If the Secretary otherwise suspends a license | ||||||
| 12 | pursuant to the results of the licensee's mental or | ||||||
| 13 | physical examination, a hearing must be convened by the | ||||||
| 14 | Department within 15 days after the suspension and | ||||||
| 15 | completed without appreciable delay. The Department and | ||||||
| 16 | Board shall have the authority to review the licensee's | ||||||
| 17 | record of treatment and counseling regarding the relevant | ||||||
| 18 | impairment or impairments to the extent permitted by | ||||||
| 19 | applicable federal statutes and regulations safeguarding | ||||||
| 20 | the confidentiality of medical records. | ||||||
| 21 | (3) Any licensee suspended or otherwise affected under | ||||||
| 22 | this subsection (b) shall be afforded an opportunity to | ||||||
| 23 | demonstrate to the Department or Board that he or she can | ||||||
| 24 | resume practice in compliance with the acceptable and | ||||||
| 25 | prevailing standards under the provisions of his or her | ||||||
| 26 | license.
| ||||||
| |||||||
| |||||||
| 1 | (c) The determination by a circuit court that a licensee is | ||||||
| 2 | subject to involuntary admission or judicial admission as | ||||||
| 3 | provided in the Mental Health and Developmental Disabilities | ||||||
| 4 | Code operates as an automatic suspension. The suspension will | ||||||
| 5 | end only upon a finding by a court that the licensee is no | ||||||
| 6 | longer subject to the involuntary admission or judicial | ||||||
| 7 | admission and issues an order so finding and discharging the | ||||||
| 8 | licensee; and upon the recommendation of the Board to the | ||||||
| 9 | Secretary that the licensee be allowed to resume his or her | ||||||
| 10 | practice. | ||||||
| 11 | (d) In cases where the Department of Healthcare and Family | ||||||
| 12 | Services (formerly the Department of Public Aid) has previously | ||||||
| 13 | determined that a licensee or a potential licensee is more than | ||||||
| 14 | 30 days delinquent in the payment of child support and has | ||||||
| 15 | subsequently certified the delinquency to the Department, the | ||||||
| 16 | Department shall refuse to issue or renew or shall revoke or | ||||||
| 17 | suspend that person's license or shall take other disciplinary | ||||||
| 18 | action against that person based solely upon the certification | ||||||
| 19 | of delinquency made by the Department of Healthcare and Family | ||||||
| 20 | Services in accordance with subdivision (a)(5) of Section | ||||||
| 21 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
| 22 | Civil Administrative Code of Illinois. | ||||||
| 23 | (e) The Department shall deny a license or renewal | ||||||
| 24 | authorized by this Act to a person who has failed to file a | ||||||
| 25 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 26 | return, or to pay any final assessment of tax, penalty, or | ||||||
| |||||||
| |||||||
| 1 | interest as required by any tax Act administered by the | ||||||
| 2 | Department of Revenue, until the requirements of the tax Act | ||||||
| 3 | are satisfied in accordance with subsection (g) of Section | ||||||
| 4 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
| 5 | Civil Administrative Code of Illinois. | ||||||
| 6 | (Source: P.A. 101-311, eff. 8-9-19; revised 12-5-19.)
| ||||||
| 7 | (225 ILCS 125/210)
| ||||||
| 8 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
| 9 | Sec. 210. Administrative review. | ||||||
| 10 | (a) All final
administrative decisions of the Department | ||||||
| 11 | are subject to
judicial review under the Administrative Review | ||||||
| 12 | Law and its
rules. The term "administrative decision" is | ||||||
| 13 | defined as in
Section 3-101 of the Code of Civil Procedure.
| ||||||
| 14 | (b) Proceedings for judicial review shall be commenced in | ||||||
| 15 | the
circuit court of the county in which the party seeking | ||||||
| 16 | review
resides. If the party seeking review is not a resident | ||||||
| 17 | of
this State, venue shall be in Sangamon County.
| ||||||
| 18 | (c) The Department shall not be required to certify any | ||||||
| 19 | record to the court or file any answer in court, or to | ||||||
| 20 | otherwise appear in any court in a judicial review proceeding, | ||||||
| 21 | unless and until the Department has received from the plaintiff | ||||||
| 22 | payment of the costs of furnishing and certifying the record, | ||||||
| 23 | which costs shall be determined by the Department. | ||||||
| 24 | (d) Failure on the part of the plaintiff to file a receipt | ||||||
| 25 | in court shall be grounds for dismissal of the action. | ||||||
| |||||||
| |||||||
| 1 | (e) During the pendency and hearing of any and all judicial | ||||||
| 2 | proceedings incident to a disciplinary action, the sanctions | ||||||
| 3 | imposed upon the applicant or licensee by the Department shall | ||||||
| 4 | remain in full force and effect. | ||||||
| 5 | (Source: P.A. 101-311, eff. 8-9-19; revised 12-5-19.)
| ||||||
| 6 | Section 475. The Solid Waste Site Operator Certification | ||||||
| 7 | Law is amended by changing Section 1001 as follows:
| ||||||
| 8 | (225 ILCS 230/1001) (from Ch. 111, par. 7851)
| ||||||
| 9 | Sec. 1001. Short title. This Article Act may be cited as
| ||||||
| 10 | the Solid Waste Site Operator Certification Law. References in | ||||||
| 11 | this
Article to this Act shall mean this Article.
| ||||||
| 12 | (Source: P.A. 86-1363; revised 8-23-19.)
| ||||||
| 13 | Section 480. The Interpreter for the Deaf Licensure Act of | ||||||
| 14 | 2007 is amended by changing Section 165 as follows:
| ||||||
| 15 | (225 ILCS 443/165) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
| 17 | Sec. 165. Secretary Director; rehearing. Whenever the | ||||||
| 18 | Secretary believes justice has not been done in the revocation | ||||||
| 19 | of, suspension of, or refusal to issue or renew a license or | ||||||
| 20 | the discipline of a licensee, he or she may order a rehearing.
| ||||||
| 21 | (Source: P.A. 95-617, eff. 9-12-07; revised 8-23-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 485. The Animal Welfare Act is amended by changing | ||||||
| 2 | Sections 18.2 and 21 as follows:
| ||||||
| 3 | (225 ILCS 605/18.2) | ||||||
| 4 | Sec. 18.2. Fire alarm system. | ||||||
| 5 | (a) In this Section: | ||||||
| 6 | "Fire alarm system" means a system that automatically | ||||||
| 7 | triggers notification to local emergency responders when | ||||||
| 8 | activated. | ||||||
| 9 | "Staffing plan" means a plan to staff a kennel operator | ||||||
| 10 | anytime dogs or cats are on the premises. At a minimum, a | ||||||
| 11 | staffing plan must include the kennel operator's hours of | ||||||
| 12 | operation, number of staff, names of staff, and the staff's | ||||||
| 13 | contact information. The Department may adopt rules adding | ||||||
| 14 | requirements to a staffing plan. | ||||||
| 15 | "Qualified fire inspector" means a local fire official or a | ||||||
| 16 | building inspector working for a unit of local government or | ||||||
| 17 | fire protection district who is qualified to inspect buildings | ||||||
| 18 | for fire safety or building code compliance. | ||||||
| 19 | (b) A kennel operator that maintains dogs or cats for | ||||||
| 20 | boarding and that is not staffed at all times dogs or cats are | ||||||
| 21 | on the premises shall be equipped with at least one fire alarm | ||||||
| 22 | system or fire sprinkler system in operating condition in every | ||||||
| 23 | building of the kennel operator that is used for the housing of | ||||||
| 24 | animals. The kennel operator shall certify in its license | ||||||
| 25 | application and annually certify in its license renewal that | ||||||
| |||||||
| |||||||
| 1 | either: (1) its facility has a fire alarm system or a fire | ||||||
| 2 | sprinkler system, and shall include with the application or | ||||||
| 3 | license renewal an attached description and picture of the make | ||||||
| 4 | and model of the system used; or (2) the kennel is staffed at | ||||||
| 5 | all times dogs or cats are on the premises, and shall include | ||||||
| 6 | with the application or license renewal an attached staffing | ||||||
| 7 | plan. The Department shall include this certification on each | ||||||
| 8 | application for license or license renewal. | ||||||
| 9 | (c) A qualified fire inspector may inspect a kennel | ||||||
| 10 | operator that maintains dogs and cats for boarding during the | ||||||
| 11 | course of performing routine inspections. If, during a routine | ||||||
| 12 | inspection, a qualified fire inspector determines that the | ||||||
| 13 | kennel operator does not have a fire alarm system or fire | ||||||
| 14 | sprinkler system, the inspector may inform the Department. | ||||||
| 15 | (d) For the purposes of this Section, veterinary hospitals, | ||||||
| 16 | practices, or offices are not kennel operators.
| ||||||
| 17 | (Source: P.A. 101-210, eff. 1-1-20; revised 9-19-19.)
| ||||||
| 18 | (225 ILCS 605/21) (from Ch. 8, par. 321)
| ||||||
| 19 | Sec. 21.
The following fees shall accompany each | ||||||
| 20 | application for a license,
which fees shall not be returnable:
| ||||||
| 21 | a. for an original license to an individual .... $350
| ||||||
| 22 | b. for an original license to a partnership, | ||||||
| 23 | animal shelter, or animal control | ||||||
| 24 | facility or corporation ................ $350
| ||||||
| 25 | c. for an annual renewal license ............... $100
| ||||||
| |||||||
| |||||||
| 1 | d. for each branch office license .............. $100
| ||||||
| 2 | e. for the renewal of any license not renewed by
| ||||||
| 3 | July 1 of the year ..................... $400
| ||||||
| 4 | f. (blank)
| ||||||
| 5 | g. (blank)
| ||||||
| 6 | (Source: P.A. 101-295, eff. 8-9-19; revised 12-9-19.)
| ||||||
| 7 | Section 490. The Fluorspar Mines Act is amended by changing | ||||||
| 8 | Section 3 as follows:
| ||||||
| 9 | (225 ILCS 710/3) (from Ch. 96 1/2, par. 4204)
| ||||||
| 10 | Sec. 3. Office of Inspector of Mines.
The Office of | ||||||
| 11 | Inspector of Mines as created by this Act shall be under the
| ||||||
| 12 | jurisdiction of the Department of Natural Resources to the same | ||||||
| 13 | purport and
effect as all other mining operations
provided for | ||||||
| 14 | by law, unless otherwise provided. The Inspector of Mines
| ||||||
| 15 | appointed hereunder shall keep an office within and as a part | ||||||
| 16 | of the
office of the Director of the Office of Mines and | ||||||
| 17 | Minerals, and whose
necessary employees shall be employed and | ||||||
| 18 | paid in the same manner as is
provided for the employment and | ||||||
| 19 | pay of the necessary employees of the State
departments under | ||||||
| 20 | the Civil Administrative Code of Illinois, and as is provided
| ||||||
| 21 | in Section 5-645 of the Departments of State Government Law of | ||||||
| 22 | the Civil Administrative Code of Illinois (20
ILCS 5/5-645.
| ||||||
| 23 | (Source: P.A. 91-239, eff. 1-1-00; revised 8-23-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 495. The Illinois Horse Racing Act of 1975 is | ||||||
| 2 | amended by changing Sections 26, 27, and 31 as follows:
| ||||||
| 3 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
| 4 | Sec. 26. Wagering.
| ||||||
| 5 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
| 6 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
| 7 | horse races conducted by
an Illinois organization
licensee or | ||||||
| 8 | conducted at a racetrack located in another state or country in | ||||||
| 9 | accordance with subsection (g) of Section 26 of this
Act. | ||||||
| 10 | Subject to the prior consent of the Board, licensees may | ||||||
| 11 | supplement any
pari-mutuel pool in order to guarantee a minimum | ||||||
| 12 | distribution. Such
pari-mutuel method of wagering shall not,
| ||||||
| 13 | under any circumstances if conducted under the provisions of | ||||||
| 14 | this Act,
be held or construed to be unlawful, other statutes | ||||||
| 15 | of this State to the
contrary notwithstanding.
Subject to rules | ||||||
| 16 | for advance wagering promulgated by the Board, any
licensee
may | ||||||
| 17 | accept wagers in advance of the day of
the race wagered upon | ||||||
| 18 | occurs.
| ||||||
| 19 | (b) Except for those gaming activities for which a license | ||||||
| 20 | is obtained and authorized under the Illinois Lottery Law, the | ||||||
| 21 | Charitable Games Act, the Raffles and Poker Runs Act, or the | ||||||
| 22 | Illinois Gambling Act, no other method of betting, pool making, | ||||||
| 23 | wagering or
gambling shall be used or permitted by the | ||||||
| 24 | licensee. Each licensee
may retain, subject to the payment of | ||||||
| 25 | all applicable
taxes and purses, an amount not to exceed 17% of | ||||||
| |||||||
| |||||||
| 1 | all money wagered
under subsection (a) of this Section, except | ||||||
| 2 | as may otherwise be permitted
under this Act.
| ||||||
| 3 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
| 4 | system from
any licensed location authorized under this Act | ||||||
| 5 | provided that wager is
electronically recorded in the manner | ||||||
| 6 | described in Section 3.12 of this Act.
Any wager made | ||||||
| 7 | electronically by an individual while physically on the | ||||||
| 8 | premises
of a licensee shall be deemed to have been made at the | ||||||
| 9 | premises of that
licensee.
| ||||||
| 10 | (c) (Blank).
| ||||||
| 11 | (c-5) The sum held by any licensee for payment
of
| ||||||
| 12 | outstanding pari-mutuel tickets, if unclaimed prior to | ||||||
| 13 | December 31 of the
next year, shall be retained by the licensee | ||||||
| 14 | for payment of
such tickets until that date. Within 10 days | ||||||
| 15 | thereafter, the balance of
such sum remaining unclaimed, less | ||||||
| 16 | any uncashed supplements contributed by such
licensee for the | ||||||
| 17 | purpose of guaranteeing minimum distributions
of any | ||||||
| 18 | pari-mutuel pool, shall be evenly distributed to the purse | ||||||
| 19 | account of
the organization licensee and the organization | ||||||
| 20 | licensee, except that the balance of the sum of all outstanding | ||||||
| 21 | pari-mutuel tickets generated from simulcast wagering and | ||||||
| 22 | inter-track wagering by an organization licensee located in a | ||||||
| 23 | county with a population in excess of 230,000 and borders the | ||||||
| 24 | Mississippi River or any licensee that derives its license from | ||||||
| 25 | that organization licensee shall be evenly distributed to the | ||||||
| 26 | purse account of the organization licensee and the organization | ||||||
| |||||||
| |||||||
| 1 | licensee.
| ||||||
| 2 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
| 3 | of the
next calendar year, and the licensee shall pay the same | ||||||
| 4 | and may
charge the amount thereof against unpaid money | ||||||
| 5 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
| 6 | presented for payment.
| ||||||
| 7 | (e) No licensee shall knowingly permit any minor, other
| ||||||
| 8 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
| 9 | driver, or employee thereof, to be admitted during a racing
| ||||||
| 10 | program unless accompanied by a parent or guardian, or any | ||||||
| 11 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
| 12 | conducted or
supervised by it. The admission of any | ||||||
| 13 | unaccompanied minor, other than
an employee of the licensee or | ||||||
| 14 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
| 15 | race track is a Class C
misdemeanor.
| ||||||
| 16 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
| 17 | organization licensee may contract
with an entity in another | ||||||
| 18 | state or country to permit any legal
wagering entity in another | ||||||
| 19 | state or country to accept wagers solely within
such other | ||||||
| 20 | state or country on races conducted by the organization | ||||||
| 21 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
| 22 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
| 23 | when the out-of-State entity conducts a pari-mutuel pool
| ||||||
| 24 | separate from the organization licensee, a privilege tax equal | ||||||
| 25 | to 7 1/2% of
all monies received by the organization licensee | ||||||
| 26 | from entities in other states
or countries pursuant to such | ||||||
| |||||||
| |||||||
| 1 | contracts is imposed on the organization
licensee, and such | ||||||
| 2 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
| 3 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
| 4 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
| 5 | pool with the organization licensee, the tax shall be 10%
of | ||||||
| 6 | all monies received by the organization licensee with 25% of | ||||||
| 7 | the
receipts from this 10% tax to be distributed to the county
| ||||||
| 8 | in which the race was conducted.
| ||||||
| 9 | An organization licensee may permit one or more of its | ||||||
| 10 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
| 11 | locations in other states and may
transmit audio and visual | ||||||
| 12 | signals of races the organization licensee
conducts to one or
| ||||||
| 13 | more locations outside the State or country and may also permit | ||||||
| 14 | pari-mutuel
pools in other states or countries to be combined | ||||||
| 15 | with its gross or net
wagering pools or with wagering pools | ||||||
| 16 | established by other states.
| ||||||
| 17 | (g) A host track may accept interstate simulcast wagers on
| ||||||
| 18 | horse
races conducted in other states or countries and shall | ||||||
| 19 | control the
number of signals and types of breeds of racing in | ||||||
| 20 | its simulcast program,
subject to the disapproval of the Board. | ||||||
| 21 | The Board may prohibit a simulcast
program only if it finds | ||||||
| 22 | that the simulcast program is clearly
adverse to the integrity | ||||||
| 23 | of racing. The host track
simulcast program shall
include the | ||||||
| 24 | signal of live racing of all organization licensees.
All | ||||||
| 25 | non-host licensees and advance deposit wagering licensees | ||||||
| 26 | shall carry the signal of and accept wagers on live racing of | ||||||
| |||||||
| |||||||
| 1 | all organization licensees. Advance deposit wagering licensees | ||||||
| 2 | shall not be permitted to accept out-of-state wagers on any | ||||||
| 3 | Illinois signal provided pursuant to this Section without the | ||||||
| 4 | approval and consent of the organization licensee providing the | ||||||
| 5 | signal. For one year after August 15, 2014 (the effective date | ||||||
| 6 | of Public Act 98-968), non-host licensees may carry the host | ||||||
| 7 | track simulcast program and
shall accept wagers on all races | ||||||
| 8 | included as part of the simulcast
program of horse races | ||||||
| 9 | conducted at race tracks located within North America upon | ||||||
| 10 | which wagering is permitted. For a period of one year after | ||||||
| 11 | August 15, 2014 (the effective date of Public Act 98-968), on | ||||||
| 12 | horse races conducted at race tracks located outside of North | ||||||
| 13 | America, non-host licensees may accept wagers on all races | ||||||
| 14 | included as part of the simulcast program upon which wagering | ||||||
| 15 | is permitted. Beginning August 15, 2015 (one year after the | ||||||
| 16 | effective date of Public Act 98-968), non-host licensees may | ||||||
| 17 | carry the host track simulcast program and shall accept wagers | ||||||
| 18 | on all races included as part of the simulcast program upon | ||||||
| 19 | which wagering is permitted.
All organization licensees shall | ||||||
| 20 | provide their live signal to all advance deposit wagering | ||||||
| 21 | licensees for a simulcast commission fee not to exceed 6% of | ||||||
| 22 | the advance deposit wagering licensee's Illinois handle on the | ||||||
| 23 | organization licensee's signal without prior approval by the | ||||||
| 24 | Board. The Board may adopt rules under which it may permit | ||||||
| 25 | simulcast commission fees in excess of 6%. The Board shall | ||||||
| 26 | adopt rules limiting the interstate commission fees charged to | ||||||
| |||||||
| |||||||
| 1 | an advance deposit wagering licensee. The Board shall adopt | ||||||
| 2 | rules regarding advance deposit wagering on interstate | ||||||
| 3 | simulcast races that shall reflect, among other things, the | ||||||
| 4 | General Assembly's desire to maximize revenues to the State, | ||||||
| 5 | horsemen purses, and organization licensees. However, | ||||||
| 6 | organization licensees providing live signals pursuant to the | ||||||
| 7 | requirements of this subsection (g) may petition the Board to | ||||||
| 8 | withhold their live signals from an advance deposit wagering | ||||||
| 9 | licensee if the organization licensee discovers and the Board | ||||||
| 10 | finds reputable or credible information that the advance | ||||||
| 11 | deposit wagering licensee is under investigation by another | ||||||
| 12 | state or federal governmental agency, the advance deposit | ||||||
| 13 | wagering licensee's license has been suspended in another | ||||||
| 14 | state, or the advance deposit wagering licensee's license is in | ||||||
| 15 | revocation proceedings in another state. The organization | ||||||
| 16 | licensee's provision of their live signal to an advance deposit | ||||||
| 17 | wagering licensee under this subsection (g) pertains to wagers | ||||||
| 18 | placed from within Illinois. Advance deposit wagering | ||||||
| 19 | licensees may place advance deposit wagering terminals at | ||||||
| 20 | wagering facilities as a convenience to customers. The advance | ||||||
| 21 | deposit wagering licensee shall not charge or collect any fee | ||||||
| 22 | from purses for the placement of the advance deposit wagering | ||||||
| 23 | terminals. The costs and expenses
of the host track and | ||||||
| 24 | non-host licensees associated
with interstate simulcast
| ||||||
| 25 | wagering, other than the interstate
commission fee, shall be | ||||||
| 26 | borne by the host track and all
non-host licensees
incurring | ||||||
| |||||||
| |||||||
| 1 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
| 2 | of Illinois handle on the
interstate simulcast race or races | ||||||
| 3 | without prior approval of the Board. The
Board shall promulgate | ||||||
| 4 | rules under which it may permit
interstate commission
fees in | ||||||
| 5 | excess of 5%. The interstate commission
fee and other fees | ||||||
| 6 | charged by the sending racetrack, including, but not
limited | ||||||
| 7 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
| 8 | host track and all non-host licensees.
| ||||||
| 9 | Notwithstanding any other provision of this Act, an | ||||||
| 10 | organization licensee, with the consent of the horsemen | ||||||
| 11 | association representing the largest number of owners, | ||||||
| 12 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
| 13 | that organization licensee's racing meeting, may maintain a | ||||||
| 14 | system whereby advance deposit wagering may take place or an | ||||||
| 15 | organization licensee, with the consent of the horsemen | ||||||
| 16 | association representing the largest number of owners, | ||||||
| 17 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
| 18 | that organization licensee's racing meeting, may contract with | ||||||
| 19 | another person to carry out a system of advance deposit | ||||||
| 20 | wagering. Such consent may not be unreasonably withheld. Only | ||||||
| 21 | with respect to an appeal to the Board that consent for an | ||||||
| 22 | organization licensee that maintains its own advance deposit | ||||||
| 23 | wagering system is being unreasonably withheld, the Board shall | ||||||
| 24 | issue a final order within 30 days after initiation of the | ||||||
| 25 | appeal, and the organization licensee's advance deposit | ||||||
| 26 | wagering system may remain operational during that 30-day | ||||||
| |||||||
| |||||||
| 1 | period. The actions of any organization licensee who conducts | ||||||
| 2 | advance deposit wagering or any person who has a contract with | ||||||
| 3 | an organization licensee to conduct advance deposit wagering | ||||||
| 4 | who conducts advance deposit wagering on or after January 1, | ||||||
| 5 | 2013 and prior to June 7, 2013 (the effective date of Public | ||||||
| 6 | Act 98-18) taken in reliance on the changes made to this | ||||||
| 7 | subsection (g) by Public Act 98-18 are hereby validated, | ||||||
| 8 | provided payment of all applicable pari-mutuel taxes are | ||||||
| 9 | remitted to the Board. All advance deposit wagers placed from | ||||||
| 10 | within Illinois must be placed through a Board-approved advance | ||||||
| 11 | deposit wagering licensee; no other entity may accept an | ||||||
| 12 | advance deposit wager from a person within Illinois. All | ||||||
| 13 | advance deposit wagering is subject to any rules adopted by the | ||||||
| 14 | Board. The Board may adopt rules necessary to regulate advance | ||||||
| 15 | deposit wagering through the use of emergency rulemaking in | ||||||
| 16 | accordance with Section 5-45 of the Illinois Administrative | ||||||
| 17 | Procedure Act. The General Assembly finds that the adoption of | ||||||
| 18 | rules to regulate advance deposit wagering is deemed an | ||||||
| 19 | emergency and necessary for the public interest, safety, and | ||||||
| 20 | welfare. An advance deposit wagering licensee may retain all | ||||||
| 21 | moneys as agreed to by contract with an organization licensee. | ||||||
| 22 | Any moneys retained by the organization licensee from advance | ||||||
| 23 | deposit wagering, not including moneys retained by the advance | ||||||
| 24 | deposit wagering licensee, shall be paid 50% to the | ||||||
| 25 | organization licensee's purse account and 50% to the | ||||||
| 26 | organization licensee. With the exception of any organization | ||||||
| |||||||
| |||||||
| 1 | licensee that is owned by a publicly traded company that is | ||||||
| 2 | incorporated in a state other than Illinois and advance deposit | ||||||
| 3 | wagering licensees under contract with such organization | ||||||
| 4 | licensees, organization licensees that maintain advance | ||||||
| 5 | deposit wagering systems and advance deposit wagering | ||||||
| 6 | licensees that contract with organization licensees shall | ||||||
| 7 | provide sufficiently detailed monthly accountings to the | ||||||
| 8 | horsemen association representing the largest number of | ||||||
| 9 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
| 10 | horses at that organization licensee's racing meeting so that | ||||||
| 11 | the horsemen association, as an interested party, can confirm | ||||||
| 12 | the accuracy of the amounts paid to the purse account at the | ||||||
| 13 | horsemen association's affiliated organization licensee from | ||||||
| 14 | advance deposit wagering. If more than one breed races at the | ||||||
| 15 | same race track facility, then the 50% of the moneys to be paid | ||||||
| 16 | to an organization licensee's purse account shall be allocated | ||||||
| 17 | among all organization licensees' purse accounts operating at | ||||||
| 18 | that race track facility proportionately based on the actual | ||||||
| 19 | number of host days that the Board grants to that breed at that | ||||||
| 20 | race track facility in the current calendar year. To the extent | ||||||
| 21 | any fees from advance deposit wagering conducted in Illinois | ||||||
| 22 | for wagers in Illinois or other states have been placed in | ||||||
| 23 | escrow or otherwise withheld from wagers pending a | ||||||
| 24 | determination of the legality of advance deposit wagering, no | ||||||
| 25 | action shall be brought to declare such wagers or the | ||||||
| 26 | disbursement of any fees previously escrowed illegal. | ||||||
| |||||||
| |||||||
| 1 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
| 2 | inter-track wagering
licensee other than the host track may | ||||||
| 3 | supplement the host track simulcast
program with | ||||||
| 4 | additional simulcast races or race programs, provided that | ||||||
| 5 | between
January 1 and the third Friday in February of any | ||||||
| 6 | year, inclusive, if no live
thoroughbred racing is | ||||||
| 7 | occurring in Illinois during this period, only
| ||||||
| 8 | thoroughbred races may be used
for supplemental interstate | ||||||
| 9 | simulcast purposes. The Board shall withhold
approval for a | ||||||
| 10 | supplemental interstate simulcast only if it finds that the
| ||||||
| 11 | simulcast is clearly adverse to the integrity of racing. A | ||||||
| 12 | supplemental
interstate simulcast may be transmitted from | ||||||
| 13 | an inter-track wagering licensee to
its affiliated | ||||||
| 14 | non-host licensees. The interstate commission fee for a
| ||||||
| 15 | supplemental interstate simulcast shall be paid by the | ||||||
| 16 | non-host licensee and
its affiliated non-host licensees | ||||||
| 17 | receiving the simulcast.
| ||||||
| 18 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
| 19 | inter-track wagering
licensee other than the host track may | ||||||
| 20 | receive supplemental interstate
simulcasts only with the | ||||||
| 21 | consent of the host track, except when the Board
finds that | ||||||
| 22 | the simulcast is
clearly adverse to the integrity of | ||||||
| 23 | racing. Consent granted under this
paragraph (2) to any | ||||||
| 24 | inter-track wagering licensee shall be deemed consent to
| ||||||
| 25 | all non-host licensees. The interstate commission fee for | ||||||
| 26 | the supplemental
interstate simulcast shall be paid
by all | ||||||
| |||||||
| |||||||
| 1 | participating non-host licensees.
| ||||||
| 2 | (3) Each licensee conducting interstate simulcast | ||||||
| 3 | wagering may retain,
subject to the payment of all | ||||||
| 4 | applicable taxes and the purses, an amount not to
exceed | ||||||
| 5 | 17% of all money wagered. If any licensee conducts the | ||||||
| 6 | pari-mutuel
system wagering on races conducted at | ||||||
| 7 | racetracks in another state or country,
each such race or | ||||||
| 8 | race program shall be considered a separate racing day for
| ||||||
| 9 | the purpose of determining the daily handle and computing | ||||||
| 10 | the privilege tax of
that daily handle as provided in | ||||||
| 11 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
| 12 | the sums permitted to be retained pursuant to this | ||||||
| 13 | subsection, each
inter-track wagering location licensee | ||||||
| 14 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
| 15 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
| 16 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
| 17 | subsection (h) of
Section 26 of this Act.
| ||||||
| 18 | (4) A licensee who receives an interstate simulcast may | ||||||
| 19 | combine its gross
or net pools with pools at the sending | ||||||
| 20 | racetracks pursuant to rules established
by the Board. All | ||||||
| 21 | licensees combining their gross pools
at a
sending | ||||||
| 22 | racetrack shall adopt the takeout percentages of the | ||||||
| 23 | sending
racetrack.
A licensee may also establish a separate | ||||||
| 24 | pool and takeout structure for
wagering purposes on races | ||||||
| 25 | conducted at race tracks outside of the
State of Illinois. | ||||||
| 26 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
| |||||||
| |||||||
| 1 | states or
countries to be combined with its gross or net | ||||||
| 2 | wagering pools or other
wagering pools.
| ||||||
| 3 | (5) After the payment of the interstate commission fee | ||||||
| 4 | (except for the
interstate commission
fee on a supplemental | ||||||
| 5 | interstate simulcast, which shall be paid by the host
track | ||||||
| 6 | and by each non-host licensee through the host track) and | ||||||
| 7 | all applicable
State and local
taxes, except as provided in | ||||||
| 8 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
| 9 | moneys retained from simulcast wagering pursuant to this
| ||||||
| 10 | subsection (g), and Section 26.2 shall be divided as | ||||||
| 11 | follows:
| ||||||
| 12 | (A) For interstate simulcast wagers made at a host | ||||||
| 13 | track, 50% to the
host
track and 50% to purses at the | ||||||
| 14 | host track.
| ||||||
| 15 | (B) For wagers placed on interstate simulcast | ||||||
| 16 | races, supplemental
simulcasts as defined in | ||||||
| 17 | subparagraphs (1) and (2), and separately pooled races
| ||||||
| 18 | conducted outside of the State of Illinois made at a | ||||||
| 19 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
| 20 | non-host licensee, and 50% to the purses at the host | ||||||
| 21 | track.
| ||||||
| 22 | (6) Notwithstanding any provision in this Act to the | ||||||
| 23 | contrary, non-host
licensees
who derive their licenses | ||||||
| 24 | from a track located in a county with a population in
| ||||||
| 25 | excess of 230,000 and that borders the Mississippi River | ||||||
| 26 | may receive
supplemental interstate simulcast races at all | ||||||
| |||||||
| |||||||
| 1 | times subject to Board approval,
which shall be withheld | ||||||
| 2 | only upon a finding that a supplemental interstate
| ||||||
| 3 | simulcast is clearly adverse to the integrity of racing.
| ||||||
| 4 | (7) Effective January 1, 2017, notwithstanding any | ||||||
| 5 | provision of this Act to the contrary, after
payment of all | ||||||
| 6 | applicable State and local taxes and interstate commission | ||||||
| 7 | fees,
non-host licensees who derive their licenses from a | ||||||
| 8 | track located in a county
with a population in excess of | ||||||
| 9 | 230,000 and that borders the Mississippi River
shall retain | ||||||
| 10 | 50% of the retention from interstate simulcast wagers and | ||||||
| 11 | shall
pay 50% to purses at the track from which the | ||||||
| 12 | non-host licensee derives its
license.
| ||||||
| 13 | (7.1) Notwithstanding any other provision of this Act | ||||||
| 14 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
| 15 | a racetrack located in Madison County
during any
calendar | ||||||
| 16 | year beginning on or after January 1, 2002, all
moneys | ||||||
| 17 | derived by
that racetrack from simulcast wagering and | ||||||
| 18 | inter-track wagering that (1) are to
be used
for purses and | ||||||
| 19 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
| 20 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
| 21 | (A) If the licensee that conducts horse racing at | ||||||
| 22 | that racetrack
requests from the Board at least as many | ||||||
| 23 | racing dates as were conducted in
calendar year 2000, | ||||||
| 24 | 80% shall be paid to its thoroughbred purse account; | ||||||
| 25 | and
| ||||||
| 26 | (B) Twenty percent shall be deposited into the | ||||||
| |||||||
| |||||||
| 1 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
| 2 | be paid to purses for standardbred races for Illinois | ||||||
| 3 | conceived
and foaled horses conducted at any county | ||||||
| 4 | fairgrounds.
The moneys deposited into the Fund | ||||||
| 5 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
| 6 | within 2
weeks after the day they were generated, shall | ||||||
| 7 | be in addition to and not in
lieu of any other
moneys | ||||||
| 8 | paid to standardbred purses under this Act, and shall | ||||||
| 9 | not be commingled
with other moneys paid into that | ||||||
| 10 | Fund. The moneys deposited
pursuant to this | ||||||
| 11 | subparagraph (B) shall be allocated as provided by the
| ||||||
| 12 | Department of Agriculture, with the advice and | ||||||
| 13 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
| 14 | Advisory Board.
| ||||||
| 15 | (7.2) Notwithstanding any other provision of this Act | ||||||
| 16 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
| 17 | a racetrack located in Madison County
during any
calendar | ||||||
| 18 | year beginning on or after January 1,
2002, all
moneys | ||||||
| 19 | derived by
that racetrack from simulcast wagering and | ||||||
| 20 | inter-track wagering that (1) are to
be used
for purses and | ||||||
| 21 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
| 22 | p.m.
during that
calendar year shall
be deposited as | ||||||
| 23 | follows:
| ||||||
| 24 | (A) If the licensee that conducts horse racing at | ||||||
| 25 | that racetrack
requests from the
Board at least
as many | ||||||
| 26 | racing dates as were conducted in calendar year 2000, | ||||||
| |||||||
| |||||||
| 1 | 80%
shall be deposited into its standardbred purse
| ||||||
| 2 | account; and
| ||||||
| 3 | (B) Twenty percent shall be deposited into the | ||||||
| 4 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
| 5 | deposited into the Illinois Colt Stakes Purse
| ||||||
| 6 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
| 7 | shall be paid to Illinois
conceived and foaled | ||||||
| 8 | thoroughbred breeders' programs
and to thoroughbred | ||||||
| 9 | purses for races conducted at any county fairgrounds | ||||||
| 10 | for
Illinois conceived
and foaled horses at the | ||||||
| 11 | discretion of the
Department of Agriculture, with the | ||||||
| 12 | advice and assistance of
the Illinois Thoroughbred | ||||||
| 13 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
| 14 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
| 15 | pursuant to this subparagraph (B) shall be deposited | ||||||
| 16 | within 2 weeks
after the day they were generated, shall | ||||||
| 17 | be in addition to and not in
lieu of any other moneys | ||||||
| 18 | paid to thoroughbred purses
under this Act, and shall | ||||||
| 19 | not be commingled with other moneys deposited into
that | ||||||
| 20 | Fund.
| ||||||
| 21 | (7.3) (Blank).
| ||||||
| 22 | (7.4) (Blank).
| ||||||
| 23 | (8) Notwithstanding any provision in this Act to the | ||||||
| 24 | contrary, an
organization licensee from a track located in | ||||||
| 25 | a county with a population in
excess of 230,000 and that | ||||||
| 26 | borders the Mississippi River and its affiliated
non-host | ||||||
| |||||||
| |||||||
| 1 | licensees shall not be entitled to share in any retention | ||||||
| 2 | generated on
racing, inter-track wagering, or simulcast | ||||||
| 3 | wagering at any other Illinois
wagering facility.
| ||||||
| 4 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
| 5 | contrary, if 2
organization licensees
are conducting | ||||||
| 6 | standardbred race meetings concurrently
between the hours | ||||||
| 7 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
| 8 | State and local taxes and interstate commission fees, the | ||||||
| 9 | remainder of the
amount retained from simulcast wagering | ||||||
| 10 | otherwise attributable to the host
track and to host track | ||||||
| 11 | purses shall be split daily between the 2
organization | ||||||
| 12 | licensees and the purses at the tracks of the 2 | ||||||
| 13 | organization
licensees, respectively, based on each | ||||||
| 14 | organization licensee's share
of the total live handle for | ||||||
| 15 | that day,
provided that this provision shall not apply to | ||||||
| 16 | any non-host licensee that
derives its license from a track | ||||||
| 17 | located in a county with a population in
excess of 230,000 | ||||||
| 18 | and that borders the Mississippi River.
| ||||||
| 19 | (9) (Blank).
| ||||||
| 20 | (10) (Blank).
| ||||||
| 21 | (11) (Blank).
| ||||||
| 22 | (12) The Board shall have authority to compel all host | ||||||
| 23 | tracks to receive
the simulcast of any or all races | ||||||
| 24 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
| 25 | and include all such races as part of their simulcast | ||||||
| 26 | programs.
| ||||||
| |||||||
| |||||||
| 1 | (13) Notwithstanding any other provision of this Act, | ||||||
| 2 | in the event that
the total Illinois pari-mutuel handle on | ||||||
| 3 | Illinois horse races at all wagering
facilities in any | ||||||
| 4 | calendar year is less than 75% of the total Illinois
| ||||||
| 5 | pari-mutuel handle on Illinois horse races at all such | ||||||
| 6 | wagering facilities for
calendar year 1994, then each | ||||||
| 7 | wagering facility that has an annual total
Illinois | ||||||
| 8 | pari-mutuel handle on Illinois horse races that is less | ||||||
| 9 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
| 10 | Illinois horse races at such wagering
facility for calendar | ||||||
| 11 | year 1994, shall be permitted to receive, from any amount
| ||||||
| 12 | otherwise
payable to the purse account at the race track | ||||||
| 13 | with which the wagering facility
is affiliated in the | ||||||
| 14 | succeeding calendar year, an amount equal to 2% of the
| ||||||
| 15 | differential in total Illinois pari-mutuel handle on | ||||||
| 16 | Illinois horse
races at the wagering facility between that | ||||||
| 17 | calendar year in question and 1994
provided, however, that | ||||||
| 18 | a
wagering facility shall not be entitled to any such | ||||||
| 19 | payment until the Board
certifies in writing to the | ||||||
| 20 | wagering facility the amount to which the wagering
facility | ||||||
| 21 | is entitled
and a schedule for payment of the amount to the | ||||||
| 22 | wagering facility, based on:
(i) the racing dates awarded | ||||||
| 23 | to the race track affiliated with the wagering
facility | ||||||
| 24 | during the succeeding year; (ii) the sums available or | ||||||
| 25 | anticipated to
be available in the purse account of the | ||||||
| 26 | race track affiliated with the
wagering facility for purses | ||||||
| |||||||
| |||||||
| 1 | during the succeeding year; and (iii) the need to
ensure | ||||||
| 2 | reasonable purse levels during the payment period.
The | ||||||
| 3 | Board's certification
shall be provided no later than | ||||||
| 4 | January 31 of the succeeding year.
In the event a wagering | ||||||
| 5 | facility entitled to a payment under this paragraph
(13) is | ||||||
| 6 | affiliated with a race track that maintains purse accounts | ||||||
| 7 | for both
standardbred and thoroughbred racing, the amount | ||||||
| 8 | to be paid to the wagering
facility shall be divided | ||||||
| 9 | between each purse account pro rata, based on the
amount of | ||||||
| 10 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
| 11 | racing
respectively at the wagering facility during the | ||||||
| 12 | previous calendar year.
Annually, the General Assembly | ||||||
| 13 | shall appropriate sufficient funds from the
General | ||||||
| 14 | Revenue Fund to the Department of Agriculture for payment | ||||||
| 15 | into the
thoroughbred and standardbred horse racing purse | ||||||
| 16 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
| 17 | each purse account shall be
the amount certified by the | ||||||
| 18 | Illinois Racing Board in January to be
transferred from | ||||||
| 19 | each account to each eligible racing facility in
accordance | ||||||
| 20 | with the provisions of this Section. Beginning in the | ||||||
| 21 | calendar year in which an organization licensee that is | ||||||
| 22 | eligible to receive payment under this paragraph (13) | ||||||
| 23 | begins to receive funds from gaming pursuant to an | ||||||
| 24 | organization gaming license issued under the Illinois | ||||||
| 25 | Gambling Act, the amount of the payment due to all wagering | ||||||
| 26 | facilities licensed under that organization licensee under | ||||||
| |||||||
| |||||||
| 1 | this paragraph (13) shall be the amount certified by the | ||||||
| 2 | Board in January of that year. An organization licensee and | ||||||
| 3 | its related wagering facilities shall no longer be able to | ||||||
| 4 | receive payments under this paragraph (13) beginning in the | ||||||
| 5 | year subsequent to the first year in which the organization | ||||||
| 6 | licensee begins to receive funds from gaming pursuant to an | ||||||
| 7 | organization gaming license issued under the Illinois | ||||||
| 8 | Gambling Act.
| ||||||
| 9 | (h) The Board may approve and license the conduct of | ||||||
| 10 | inter-track wagering
and simulcast wagering by inter-track | ||||||
| 11 | wagering licensees and inter-track
wagering location licensees | ||||||
| 12 | subject to the following terms and conditions:
| ||||||
| 13 | (1) Any person licensed to conduct a race meeting (i) | ||||||
| 14 | at a track where
60 or more days of racing were conducted | ||||||
| 15 | during the immediately preceding
calendar year or where | ||||||
| 16 | over the 5 immediately preceding calendar years an
average | ||||||
| 17 | of 30 or more days of racing were conducted annually may be | ||||||
| 18 | issued an
inter-track wagering license; (ii) at a track
| ||||||
| 19 | located in a county that is bounded by the Mississippi | ||||||
| 20 | River, which has a
population of less than 150,000 | ||||||
| 21 | according to the 1990 decennial census, and an
average of | ||||||
| 22 | at least 60 days of racing per year between 1985 and 1993 | ||||||
| 23 | may be
issued an inter-track wagering license; (iii) at a | ||||||
| 24 | track awarded standardbred racing dates; or (iv) at a track
| ||||||
| 25 | located in Madison
County that conducted at least 100 days | ||||||
| 26 | of live racing during the immediately
preceding
calendar | ||||||
| |||||||
| |||||||
| 1 | year may be issued an inter-track wagering license, unless | ||||||
| 2 | a lesser
schedule of
live racing is the result of (A) | ||||||
| 3 | weather, unsafe track conditions, or other
acts of God; (B)
| ||||||
| 4 | an agreement between the organization licensee and the | ||||||
| 5 | associations
representing the
largest number of owners, | ||||||
| 6 | trainers, jockeys, or standardbred drivers who race
horses | ||||||
| 7 | at
that organization licensee's racing meeting; or (C) a | ||||||
| 8 | finding by the Board of
extraordinary circumstances and | ||||||
| 9 | that it was in the best interest of the public
and the | ||||||
| 10 | sport to conduct fewer than 100 days of live racing. Any | ||||||
| 11 | such person
having operating control of the racing facility | ||||||
| 12 | may receive
inter-track wagering
location licenses. An
| ||||||
| 13 | eligible race track located in a county that has a | ||||||
| 14 | population of more than
230,000 and that is bounded by the | ||||||
| 15 | Mississippi River may establish up to 9
inter-track | ||||||
| 16 | wagering locations, an eligible race track located in | ||||||
| 17 | Stickney Township in Cook County may establish up to 16 | ||||||
| 18 | inter-track wagering locations, and an eligible race track | ||||||
| 19 | located in Palatine Township in Cook County may establish | ||||||
| 20 | up to 18 inter-track wagering locations. An eligible | ||||||
| 21 | racetrack conducting standardbred racing may have up to 16 | ||||||
| 22 | inter-track wagering locations.
An application for
said | ||||||
| 23 | license shall be filed with the Board prior to such dates | ||||||
| 24 | as may be
fixed by the Board. With an application for an | ||||||
| 25 | inter-track
wagering
location license there shall be | ||||||
| 26 | delivered to the Board a certified check or
bank draft | ||||||
| |||||||
| |||||||
| 1 | payable to the order of the Board for an amount equal to | ||||||
| 2 | $500.
The application shall be on forms prescribed and | ||||||
| 3 | furnished by the Board. The
application shall comply with | ||||||
| 4 | all other rules,
regulations and conditions imposed by the | ||||||
| 5 | Board in connection therewith.
| ||||||
| 6 | (2) The Board shall examine the applications with | ||||||
| 7 | respect to their
conformity with this Act and the rules and | ||||||
| 8 | regulations imposed by the
Board. If found to be in | ||||||
| 9 | compliance with the Act and rules and regulations
of the | ||||||
| 10 | Board, the Board may then issue a license to conduct | ||||||
| 11 | inter-track
wagering and simulcast wagering to such | ||||||
| 12 | applicant. All such applications
shall be acted upon by the | ||||||
| 13 | Board at a meeting to be held on such date as may be
fixed | ||||||
| 14 | by the Board.
| ||||||
| 15 | (3) In granting licenses to conduct inter-track | ||||||
| 16 | wagering and simulcast
wagering, the Board shall give due | ||||||
| 17 | consideration to
the best interests of the
public, of horse | ||||||
| 18 | racing, and of maximizing revenue to the State.
| ||||||
| 19 | (4) Prior to the issuance of a license to conduct | ||||||
| 20 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
| 21 | shall file with the Board a bond payable to the State of | ||||||
| 22 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
| 23 | and a surety company or
companies authorized to do business | ||||||
| 24 | in this State, and conditioned upon
(i) the payment by the | ||||||
| 25 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
| 26 | other monies due and payable under this Act, and (ii)
| ||||||
| |||||||
| |||||||
| 1 | distribution by the licensee, upon presentation of the | ||||||
| 2 | winning ticket or
tickets, of all sums payable to the | ||||||
| 3 | patrons of pari-mutuel pools.
| ||||||
| 4 | (5) Each license to conduct inter-track wagering and | ||||||
| 5 | simulcast
wagering shall specify the person
to whom it is | ||||||
| 6 | issued, the dates on which such wagering is permitted, and
| ||||||
| 7 | the track or location where the wagering is to be | ||||||
| 8 | conducted.
| ||||||
| 9 | (6) All wagering under such license is subject to this | ||||||
| 10 | Act and to the
rules and regulations from time to time | ||||||
| 11 | prescribed by the Board, and every
such license issued by | ||||||
| 12 | the Board shall contain a recital to that effect.
| ||||||
| 13 | (7) An inter-track wagering licensee or inter-track | ||||||
| 14 | wagering location
licensee may accept wagers at the track | ||||||
| 15 | or location
where it is licensed, or as otherwise provided | ||||||
| 16 | under this Act.
| ||||||
| 17 | (8) Inter-track wagering or simulcast wagering shall | ||||||
| 18 | not be
conducted
at any track less than 4 miles from a | ||||||
| 19 | track at which a racing meeting is in
progress.
| ||||||
| 20 | (8.1) Inter-track wagering location
licensees who | ||||||
| 21 | derive their licenses from a particular organization | ||||||
| 22 | licensee
shall conduct inter-track wagering and simulcast | ||||||
| 23 | wagering only at locations that
are within 160 miles of | ||||||
| 24 | that race track
where
the particular organization licensee | ||||||
| 25 | is licensed to conduct racing. However, inter-track | ||||||
| 26 | wagering and simulcast wagering
shall not
be conducted by | ||||||
| |||||||
| |||||||
| 1 | those licensees at any location within 5 miles of any race
| ||||||
| 2 | track at which a
horse race meeting has been licensed in | ||||||
| 3 | the current year, unless the person
having operating | ||||||
| 4 | control of such race track has given its written consent
to | ||||||
| 5 | such inter-track wagering location licensees,
which | ||||||
| 6 | consent
must be filed with the Board at or prior to the | ||||||
| 7 | time application is made. In the case of any inter-track | ||||||
| 8 | wagering location licensee initially licensed after | ||||||
| 9 | December 31, 2013, inter-track wagering and simulcast | ||||||
| 10 | wagering shall not be conducted by those inter-track | ||||||
| 11 | wagering location licensees that are located outside the | ||||||
| 12 | City of Chicago at any location within 8 miles of any race | ||||||
| 13 | track at which a horse race meeting has been licensed in | ||||||
| 14 | the current year, unless the person having operating | ||||||
| 15 | control of such race track has given its written consent to | ||||||
| 16 | such inter-track wagering location licensees, which | ||||||
| 17 | consent must be filed with the Board at or prior to the | ||||||
| 18 | time application is made.
| ||||||
| 19 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
| 20 | not be
conducted by an inter-track
wagering location | ||||||
| 21 | licensee at any location within 100 feet of an
existing
| ||||||
| 22 | church, an existing elementary or secondary public school, | ||||||
| 23 | or an existing elementary or secondary private school | ||||||
| 24 | registered with or recognized by the State Board of | ||||||
| 25 | Education. The
distance of 100 feet shall be measured to | ||||||
| 26 | the nearest part of any
building
used for worship services, | ||||||
| |||||||
| |||||||
| 1 | education programs, or
conducting inter-track wagering by | ||||||
| 2 | an inter-track wagering location
licensee, and not to | ||||||
| 3 | property boundaries. However, inter-track wagering or
| ||||||
| 4 | simulcast wagering may be conducted at a site within 100 | ||||||
| 5 | feet of
a church or school if such church or school
has | ||||||
| 6 | been erected
or established after
the Board issues
the | ||||||
| 7 | original inter-track wagering location license at the site | ||||||
| 8 | in question.
Inter-track wagering location licensees may | ||||||
| 9 | conduct inter-track wagering
and simulcast wagering only | ||||||
| 10 | in areas that are zoned for
commercial or manufacturing | ||||||
| 11 | purposes or
in areas for which a special use has been | ||||||
| 12 | approved by the local zoning
authority. However, no license | ||||||
| 13 | to conduct inter-track wagering and simulcast
wagering | ||||||
| 14 | shall be
granted by the Board with respect to any | ||||||
| 15 | inter-track wagering location
within the jurisdiction of | ||||||
| 16 | any local zoning authority which has, by
ordinance or by | ||||||
| 17 | resolution, prohibited the establishment of an inter-track
| ||||||
| 18 | wagering location within its jurisdiction. However, | ||||||
| 19 | inter-track wagering
and simulcast wagering may be | ||||||
| 20 | conducted at a site if such ordinance or
resolution is | ||||||
| 21 | enacted after
the Board licenses the original inter-track | ||||||
| 22 | wagering location
licensee for the site in question.
| ||||||
| 23 | (9) (Blank).
| ||||||
| 24 | (10) An inter-track wagering licensee or an | ||||||
| 25 | inter-track wagering
location licensee may retain, subject | ||||||
| 26 | to the
payment of the privilege taxes and the purses, an | ||||||
| |||||||
| |||||||
| 1 | amount not to
exceed 17% of all money wagered. Each program | ||||||
| 2 | of racing conducted by
each inter-track wagering licensee | ||||||
| 3 | or inter-track wagering location
licensee shall be | ||||||
| 4 | considered a separate racing day for the purpose of
| ||||||
| 5 | determining the daily handle and computing the privilege | ||||||
| 6 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
| 7 | Section 27.
| ||||||
| 8 | (10.1) Except as provided in subsection (g) of Section | ||||||
| 9 | 27 of this Act,
inter-track wagering location licensees | ||||||
| 10 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
| 11 | the municipality in which such
location is situated and 1% | ||||||
| 12 | of the pari-mutuel handle at each location to
the county in | ||||||
| 13 | which such location is situated. In the event that an
| ||||||
| 14 | inter-track wagering location licensee is situated in an | ||||||
| 15 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
| 16 | of the pari-mutuel handle from
such location to such | ||||||
| 17 | county. Inter-track wagering location licensees must pay | ||||||
| 18 | the handle percentage required under this paragraph to the | ||||||
| 19 | municipality and county no later than the 20th of the month | ||||||
| 20 | following the month such handle was generated.
| ||||||
| 21 | (10.2) Notwithstanding any other provision of this | ||||||
| 22 | Act, with respect to inter-track
wagering at a race track | ||||||
| 23 | located in a
county that has a population of
more than | ||||||
| 24 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
| 25 | first race
track"), or at a facility operated by an | ||||||
| 26 | inter-track wagering licensee or
inter-track wagering | ||||||
| |||||||
| |||||||
| 1 | location licensee that derives its license from the
| ||||||
| 2 | organization licensee that operates the first race track, | ||||||
| 3 | on races conducted at
the first race track or on races | ||||||
| 4 | conducted at another Illinois race track
and | ||||||
| 5 | simultaneously televised to the first race track or to a | ||||||
| 6 | facility operated
by an inter-track wagering licensee or | ||||||
| 7 | inter-track wagering location licensee
that derives its | ||||||
| 8 | license from the organization licensee that operates the | ||||||
| 9 | first
race track, those moneys shall be allocated as | ||||||
| 10 | follows:
| ||||||
| 11 | (A) That portion of all moneys wagered on | ||||||
| 12 | standardbred racing that is
required under this Act to | ||||||
| 13 | be paid to purses shall be paid to purses for
| ||||||
| 14 | standardbred races.
| ||||||
| 15 | (B) That portion of all moneys wagered on | ||||||
| 16 | thoroughbred racing
that is required under this Act to | ||||||
| 17 | be paid to purses shall be paid to purses
for | ||||||
| 18 | thoroughbred races.
| ||||||
| 19 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
| 20 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
| 21 | in connection with the gathering, transmission, and
| ||||||
| 22 | dissemination of all data necessary to the conduct of | ||||||
| 23 | inter-track wagering,
the remainder of the monies retained | ||||||
| 24 | under either Section 26 or Section 26.2
of this Act by the | ||||||
| 25 | inter-track wagering licensee on inter-track wagering
| ||||||
| 26 | shall be allocated with 50% to be split between the
2 | ||||||
| |||||||
| |||||||
| 1 | participating licensees and 50% to purses, except
that an | ||||||
| 2 | inter-track wagering licensee that derives its
license | ||||||
| 3 | from a track located in a county with a population in | ||||||
| 4 | excess of 230,000
and that borders the Mississippi River | ||||||
| 5 | shall not divide any remaining
retention with the Illinois | ||||||
| 6 | organization licensee that provides the race or
races, and | ||||||
| 7 | an inter-track wagering licensee that accepts wagers on | ||||||
| 8 | races
conducted by an organization licensee that conducts a | ||||||
| 9 | race meet in a county
with a population in excess of | ||||||
| 10 | 230,000 and that borders the Mississippi River
shall not | ||||||
| 11 | divide any remaining retention with that organization | ||||||
| 12 | licensee.
| ||||||
| 13 | (B) From the
sums permitted to be retained pursuant to | ||||||
| 14 | this Act each inter-track wagering
location licensee shall | ||||||
| 15 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
| 16 | 4.75% of the
pari-mutuel handle on inter-track wagering at | ||||||
| 17 | such location on
races as purses, except that
an | ||||||
| 18 | inter-track wagering location licensee that derives its | ||||||
| 19 | license from a
track located in a county with a population | ||||||
| 20 | in excess of 230,000 and that
borders the Mississippi River | ||||||
| 21 | shall retain all purse moneys for its own purse
account | ||||||
| 22 | consistent with distribution set forth in this subsection | ||||||
| 23 | (h), and inter-track
wagering location licensees that | ||||||
| 24 | accept wagers on races
conducted
by an organization | ||||||
| 25 | licensee located in a county with a population in excess of
| ||||||
| 26 | 230,000 and that borders the Mississippi River shall | ||||||
| |||||||
| |||||||
| 1 | distribute all purse
moneys to purses at the operating host | ||||||
| 2 | track; (iii) until January 1, 2000,
except as
provided in
| ||||||
| 3 | subsection (g) of Section 27 of this Act, 1% of the
| ||||||
| 4 | pari-mutuel handle wagered on inter-track wagering and | ||||||
| 5 | simulcast wagering at
each inter-track wagering
location | ||||||
| 6 | licensee facility to the Horse Racing Tax Allocation Fund, | ||||||
| 7 | provided
that, to the extent the total amount collected and | ||||||
| 8 | distributed to the Horse
Racing Tax Allocation Fund under | ||||||
| 9 | this subsection (h) during any calendar year
exceeds the | ||||||
| 10 | amount collected and distributed to the Horse Racing Tax | ||||||
| 11 | Allocation
Fund during calendar year 1994, that excess | ||||||
| 12 | amount shall be redistributed (I)
to all inter-track | ||||||
| 13 | wagering location licensees, based on each licensee's pro | ||||||
| 14 | rata
share of the total handle from inter-track wagering | ||||||
| 15 | and simulcast
wagering for all inter-track wagering | ||||||
| 16 | location licensees during the calendar
year in which this | ||||||
| 17 | provision is applicable; then (II) the amounts | ||||||
| 18 | redistributed
to each inter-track wagering location | ||||||
| 19 | licensee as described in subpart (I)
shall be further | ||||||
| 20 | redistributed as provided in subparagraph (B) of paragraph | ||||||
| 21 | (5)
of subsection (g) of this Section 26 provided first, | ||||||
| 22 | that the shares of those
amounts, which are to be | ||||||
| 23 | redistributed to the host track or to purses at the
host | ||||||
| 24 | track under subparagraph (B) of paragraph (5) of subsection | ||||||
| 25 | (g) of this
Section 26 shall be
redistributed based on each | ||||||
| 26 | host track's pro rata share of the total
inter-track
| ||||||
| |||||||
| |||||||
| 1 | wagering and simulcast wagering handle at all host tracks | ||||||
| 2 | during the calendar
year in question, and second, that any | ||||||
| 3 | amounts redistributed as described in
part (I) to an | ||||||
| 4 | inter-track wagering location licensee that accepts
wagers | ||||||
| 5 | on races conducted by an organization licensee that | ||||||
| 6 | conducts a race meet
in a county with a population in | ||||||
| 7 | excess of 230,000 and that borders the
Mississippi River | ||||||
| 8 | shall be further redistributed, effective January 1, 2017, | ||||||
| 9 | as provided in paragraph (7) of subsection (g) of this | ||||||
| 10 | Section 26, with the
portion of that
further redistribution | ||||||
| 11 | allocated to purses at that organization licensee to be
| ||||||
| 12 | divided between standardbred purses and thoroughbred | ||||||
| 13 | purses based on the
amounts otherwise allocated to purses | ||||||
| 14 | at that organization licensee during the
calendar year in | ||||||
| 15 | question; and (iv) 8% of the pari-mutuel handle on
| ||||||
| 16 | inter-track wagering wagered at
such location to satisfy | ||||||
| 17 | all costs and expenses of conducting its wagering. The
| ||||||
| 18 | remainder of the monies retained by the inter-track | ||||||
| 19 | wagering location licensee
shall be allocated 40% to the | ||||||
| 20 | location licensee and 60% to the organization
licensee | ||||||
| 21 | which provides the Illinois races to the location, except | ||||||
| 22 | that an inter-track
wagering location
licensee that | ||||||
| 23 | derives its license from a track located in a county with a
| ||||||
| 24 | population in excess of 230,000 and that borders the | ||||||
| 25 | Mississippi River shall
not divide any remaining retention | ||||||
| 26 | with the organization licensee that provides
the race or | ||||||
| |||||||
| |||||||
| 1 | races and an inter-track wagering location licensee that | ||||||
| 2 | accepts
wagers on races conducted by an organization | ||||||
| 3 | licensee that conducts a race meet
in a county with a | ||||||
| 4 | population in excess of 230,000 and that borders the
| ||||||
| 5 | Mississippi River shall not divide any remaining retention | ||||||
| 6 | with the
organization licensee.
Notwithstanding the | ||||||
| 7 | provisions of clauses (ii) and (iv) of this
paragraph, in | ||||||
| 8 | the case of the additional inter-track wagering location | ||||||
| 9 | licenses
authorized under paragraph (1) of this subsection | ||||||
| 10 | (h) by Public Act 87-110, those licensees shall pay the | ||||||
| 11 | following amounts as purses:
during the first 12 months the | ||||||
| 12 | licensee is in operation, 5.25% of
the
pari-mutuel handle | ||||||
| 13 | wagered at the location on races; during the second 12
| ||||||
| 14 | months, 5.25%; during the third 12 months, 5.75%;
during
| ||||||
| 15 | the fourth 12 months,
6.25%; and during the fifth 12 months | ||||||
| 16 | and thereafter, 6.75%. The
following amounts shall be | ||||||
| 17 | retained by the licensee to satisfy all costs
and expenses | ||||||
| 18 | of conducting its wagering: during the first 12 months the
| ||||||
| 19 | licensee is in operation, 8.25% of the pari-mutuel handle | ||||||
| 20 | wagered
at the
location; during the second 12 months, | ||||||
| 21 | 8.25%; during the third 12
months, 7.75%;
during the fourth | ||||||
| 22 | 12 months, 7.25%; and during the fifth 12 months
and
| ||||||
| 23 | thereafter, 6.75%.
For additional inter-track wagering | ||||||
| 24 | location licensees authorized under Public Act 89-16, | ||||||
| 25 | purses for the first 12 months the licensee is in operation | ||||||
| 26 | shall
be 5.75% of the pari-mutuel wagered
at the location, | ||||||
| |||||||
| |||||||
| 1 | purses for the second 12 months the licensee is in | ||||||
| 2 | operation
shall be 6.25%, and purses
thereafter shall be | ||||||
| 3 | 6.75%. For additional inter-track location
licensees
| ||||||
| 4 | authorized under Public Act 89-16, the licensee shall be | ||||||
| 5 | allowed to retain to satisfy
all costs and expenses: 7.75% | ||||||
| 6 | of the pari-mutuel handle wagered at
the location
during | ||||||
| 7 | its first 12 months of operation, 7.25% during its second
| ||||||
| 8 | 12
months of
operation, and 6.75% thereafter.
| ||||||
| 9 | (C) There is hereby created the Horse Racing Tax | ||||||
| 10 | Allocation Fund
which shall remain in existence until | ||||||
| 11 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
| 12 | December 31, 1999
shall be paid into the
General Revenue | ||||||
| 13 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
| 14 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
| 15 | by inter-track wagering location licensees located in park
| ||||||
| 16 | districts of 500,000 population or less, or in a | ||||||
| 17 | municipality that is not
included within any park district | ||||||
| 18 | but is included within a conservation
district and is the | ||||||
| 19 | county seat of a county that (i) is contiguous to the state
| ||||||
| 20 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
| 21 | according to the United
States Bureau of the Census, and | ||||||
| 22 | operating on May 1, 1994 shall be
allocated by | ||||||
| 23 | appropriation as follows:
| ||||||
| 24 | Two-sevenths to the Department of Agriculture. | ||||||
| 25 | Fifty percent of
this two-sevenths shall be used to | ||||||
| 26 | promote the Illinois horse racing and
breeding | ||||||
| |||||||
| |||||||
| 1 | industry, and shall be distributed by the Department of | ||||||
| 2 | Agriculture
upon the advice of a 9-member committee | ||||||
| 3 | appointed by the Governor consisting of
the following | ||||||
| 4 | members: the Director of Agriculture, who shall serve | ||||||
| 5 | as
chairman; 2 representatives of organization | ||||||
| 6 | licensees conducting thoroughbred
race meetings in | ||||||
| 7 | this State, recommended by those licensees; 2 | ||||||
| 8 | representatives
of organization licensees conducting | ||||||
| 9 | standardbred race meetings in this State,
recommended | ||||||
| 10 | by those licensees; a representative of the Illinois
| ||||||
| 11 | Thoroughbred Breeders and Owners Foundation, | ||||||
| 12 | recommended by that
Foundation; a representative of | ||||||
| 13 | the Illinois Standardbred Owners and
Breeders | ||||||
| 14 | Association, recommended
by that Association; a | ||||||
| 15 | representative of
the Horsemen's Benevolent and | ||||||
| 16 | Protective Association or any successor
organization | ||||||
| 17 | thereto established in Illinois comprised of the | ||||||
| 18 | largest number of
owners and trainers, recommended by | ||||||
| 19 | that
Association or that successor organization; and a
| ||||||
| 20 | representative of the Illinois Harness Horsemen's
| ||||||
| 21 | Association, recommended by that Association. | ||||||
| 22 | Committee members shall
serve for terms of 2 years, | ||||||
| 23 | commencing January 1 of each even-numbered
year. If a | ||||||
| 24 | representative of any of the above-named entities has | ||||||
| 25 | not been
recommended by January 1 of any even-numbered | ||||||
| 26 | year, the Governor shall
appoint a committee member to | ||||||
| |||||||
| |||||||
| 1 | fill that position. Committee members shall
receive no | ||||||
| 2 | compensation for their services as members but shall be
| ||||||
| 3 | reimbursed for all actual and necessary expenses and | ||||||
| 4 | disbursements incurred
in the performance of their | ||||||
| 5 | official duties. The remaining 50% of this
| ||||||
| 6 | two-sevenths shall be distributed to county fairs for | ||||||
| 7 | premiums and
rehabilitation as set forth in the | ||||||
| 8 | Agricultural Fair Act;
| ||||||
| 9 | Four-sevenths to park districts or municipalities | ||||||
| 10 | that do not have a
park district of 500,000 population | ||||||
| 11 | or less for museum purposes (if an
inter-track wagering | ||||||
| 12 | location licensee is located in such a park district) | ||||||
| 13 | or
to conservation districts for museum purposes (if an | ||||||
| 14 | inter-track wagering
location licensee is located in a | ||||||
| 15 | municipality that is not included within any
park | ||||||
| 16 | district but is included within a conservation | ||||||
| 17 | district and is the county
seat of a county that (i) is | ||||||
| 18 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
| 19 | population of 88,257 according to the United States | ||||||
| 20 | Bureau of the Census,
except that if the conservation | ||||||
| 21 | district does not maintain a museum, the monies
shall | ||||||
| 22 | be allocated equally between the county and the | ||||||
| 23 | municipality in which the
inter-track wagering | ||||||
| 24 | location licensee is located for general purposes) or | ||||||
| 25 | to a
municipal recreation board for park purposes (if | ||||||
| 26 | an inter-track wagering
location licensee is located | ||||||
| |||||||
| |||||||
| 1 | in a municipality that is not included within any
park | ||||||
| 2 | district and park maintenance is the function of the | ||||||
| 3 | municipal recreation
board and the municipality has a | ||||||
| 4 | 1990 population of 9,302 according to the
United States | ||||||
| 5 | Bureau of the Census); provided that the monies are | ||||||
| 6 | distributed
to each park district or conservation | ||||||
| 7 | district or municipality that does not
have a park | ||||||
| 8 | district in an amount equal to four-sevenths of the | ||||||
| 9 | amount
collected by each inter-track wagering location | ||||||
| 10 | licensee within the park
district or conservation | ||||||
| 11 | district or municipality for the Fund. Monies that
were | ||||||
| 12 | paid into the Horse Racing Tax Allocation Fund before | ||||||
| 13 | August 9, 1991 (the effective date
of Public Act | ||||||
| 14 | 87-110) by an inter-track wagering location licensee
| ||||||
| 15 | located in a municipality that is not included within | ||||||
| 16 | any park district but is
included within a conservation | ||||||
| 17 | district as provided in this paragraph shall, as
soon | ||||||
| 18 | as practicable after August 9, 1991 (the effective date | ||||||
| 19 | of Public Act 87-110), be
allocated and paid to that | ||||||
| 20 | conservation district as provided in this paragraph.
| ||||||
| 21 | Any park district or municipality not maintaining a | ||||||
| 22 | museum may deposit the
monies in the corporate fund of | ||||||
| 23 | the park district or municipality where the
| ||||||
| 24 | inter-track wagering location is located, to be used | ||||||
| 25 | for general purposes;
and
| ||||||
| 26 | One-seventh to the Agricultural Premium Fund to be | ||||||
| |||||||
| |||||||
| 1 | used for distribution
to agricultural home economics | ||||||
| 2 | extension councils in accordance with "An
Act in | ||||||
| 3 | relation to additional support and finances for the | ||||||
| 4 | Agricultural and
Home Economic Extension Councils in | ||||||
| 5 | the several counties of this State and
making an | ||||||
| 6 | appropriation therefor", approved July 24, 1967.
| ||||||
| 7 | Until January 1, 2000, all other
monies paid into the | ||||||
| 8 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
| 9 | (11) shall be allocated by appropriation as follows:
| ||||||
| 10 | Two-sevenths to the Department of Agriculture. | ||||||
| 11 | Fifty percent of this
two-sevenths shall be used to | ||||||
| 12 | promote the Illinois horse racing and breeding
| ||||||
| 13 | industry, and shall be distributed by the Department of | ||||||
| 14 | Agriculture upon the
advice of a 9-member committee | ||||||
| 15 | appointed by the Governor consisting of the
following | ||||||
| 16 | members: the Director of Agriculture, who shall serve | ||||||
| 17 | as chairman; 2
representatives of organization | ||||||
| 18 | licensees conducting thoroughbred race meetings
in | ||||||
| 19 | this State, recommended by those licensees; 2 | ||||||
| 20 | representatives of
organization licensees conducting | ||||||
| 21 | standardbred race meetings in this State,
recommended | ||||||
| 22 | by those licensees; a representative of the Illinois | ||||||
| 23 | Thoroughbred
Breeders and Owners Foundation, | ||||||
| 24 | recommended by that Foundation; a
representative of | ||||||
| 25 | the Illinois Standardbred Owners and Breeders | ||||||
| 26 | Association,
recommended by that Association; a | ||||||
| |||||||
| |||||||
| 1 | representative of the Horsemen's Benevolent
and | ||||||
| 2 | Protective Association or any successor organization | ||||||
| 3 | thereto established
in Illinois comprised of the | ||||||
| 4 | largest number of owners and trainers,
recommended by | ||||||
| 5 | that Association or that successor organization; and a
| ||||||
| 6 | representative of the Illinois Harness Horsemen's | ||||||
| 7 | Association, recommended by
that Association. | ||||||
| 8 | Committee members shall serve for terms of 2 years,
| ||||||
| 9 | commencing January 1 of each even-numbered year. If a | ||||||
| 10 | representative of any of
the above-named entities has | ||||||
| 11 | not been recommended by January 1 of any
even-numbered | ||||||
| 12 | year, the Governor shall appoint a committee member to | ||||||
| 13 | fill that
position. Committee members shall receive no | ||||||
| 14 | compensation for their services
as members but shall be | ||||||
| 15 | reimbursed for all actual and necessary expenses and
| ||||||
| 16 | disbursements incurred in the performance of their | ||||||
| 17 | official duties. The
remaining 50% of this | ||||||
| 18 | two-sevenths shall be distributed to county fairs for
| ||||||
| 19 | premiums and rehabilitation as set forth in the | ||||||
| 20 | Agricultural Fair Act;
| ||||||
| 21 | Four-sevenths to museums and aquariums located in | ||||||
| 22 | park districts of over
500,000 population; provided | ||||||
| 23 | that the monies are distributed in accordance with
the | ||||||
| 24 | previous year's distribution of the maintenance tax | ||||||
| 25 | for such museums and
aquariums as provided in Section 2 | ||||||
| 26 | of the Park District Aquarium and Museum
Act; and
| ||||||
| |||||||
| |||||||
| 1 | One-seventh to the Agricultural Premium Fund to be | ||||||
| 2 | used for distribution
to agricultural home economics | ||||||
| 3 | extension councils in accordance with "An Act
in | ||||||
| 4 | relation to additional support and finances for the | ||||||
| 5 | Agricultural and
Home Economic Extension Councils in | ||||||
| 6 | the several counties of this State and
making an | ||||||
| 7 | appropriation therefor", approved July 24, 1967.
This | ||||||
| 8 | subparagraph (C) shall be inoperative and of no force | ||||||
| 9 | and effect on and
after January 1, 2000.
| ||||||
| 10 | (D) Except as provided in paragraph (11) of this | ||||||
| 11 | subsection (h),
with respect to purse allocation from | ||||||
| 12 | inter-track wagering, the monies so
retained shall be | ||||||
| 13 | divided as follows:
| ||||||
| 14 | (i) If the inter-track wagering licensee, | ||||||
| 15 | except an inter-track
wagering licensee that | ||||||
| 16 | derives its license from an organization
licensee | ||||||
| 17 | located in a county with a population in excess of | ||||||
| 18 | 230,000 and bounded
by the Mississippi River, is | ||||||
| 19 | not conducting its own
race meeting during the same | ||||||
| 20 | dates, then the entire purse allocation shall be
to | ||||||
| 21 | purses at the track where the races wagered on are | ||||||
| 22 | being conducted.
| ||||||
| 23 | (ii) If the inter-track wagering licensee, | ||||||
| 24 | except an inter-track
wagering licensee that | ||||||
| 25 | derives its license from an organization
licensee | ||||||
| 26 | located in a county with a population in excess of | ||||||
| |||||||
| |||||||
| 1 | 230,000 and bounded
by the Mississippi River, is | ||||||
| 2 | also
conducting its own
race meeting during the | ||||||
| 3 | same dates, then the purse allocation shall be as
| ||||||
| 4 | follows: 50% to purses at the track where the races | ||||||
| 5 | wagered on are
being conducted; 50% to purses at | ||||||
| 6 | the track where the inter-track
wagering licensee | ||||||
| 7 | is accepting such wagers.
| ||||||
| 8 | (iii) If the inter-track wagering is being | ||||||
| 9 | conducted by an inter-track
wagering location | ||||||
| 10 | licensee, except an inter-track wagering location | ||||||
| 11 | licensee
that derives its license from an | ||||||
| 12 | organization licensee located in a
county with a | ||||||
| 13 | population in excess of 230,000 and bounded by the | ||||||
| 14 | Mississippi
River, the entire purse allocation for | ||||||
| 15 | Illinois races shall
be to purses at the track | ||||||
| 16 | where the race meeting being wagered on is being
| ||||||
| 17 | held.
| ||||||
| 18 | (12) The Board shall have all powers necessary and | ||||||
| 19 | proper to fully
supervise and control the conduct of
| ||||||
| 20 | inter-track wagering and simulcast
wagering by inter-track | ||||||
| 21 | wagering licensees and inter-track wagering location
| ||||||
| 22 | licensees, including, but not
limited to, the following:
| ||||||
| 23 | (A) The Board is vested with power to promulgate | ||||||
| 24 | reasonable rules and
regulations for the purpose of | ||||||
| 25 | administering the
conduct of this
wagering and to | ||||||
| 26 | prescribe reasonable rules, regulations and conditions | ||||||
| |||||||
| |||||||
| 1 | under
which such wagering shall be held and conducted. | ||||||
| 2 | Such rules and regulations
are to provide for the | ||||||
| 3 | prevention of practices detrimental to the public
| ||||||
| 4 | interest and for
the best interests of said wagering | ||||||
| 5 | and to impose penalties
for violations thereof.
| ||||||
| 6 | (B) The Board, and any person or persons to whom it | ||||||
| 7 | delegates this
power, is vested with the power to enter | ||||||
| 8 | the
facilities of any licensee to determine whether | ||||||
| 9 | there has been
compliance with the provisions of this | ||||||
| 10 | Act and the rules and regulations
relating to the | ||||||
| 11 | conduct of such wagering.
| ||||||
| 12 | (C) The Board, and any person or persons to whom it | ||||||
| 13 | delegates this
power, may eject or exclude from any | ||||||
| 14 | licensee's facilities, any person whose
conduct or | ||||||
| 15 | reputation
is such that his presence on such premises | ||||||
| 16 | may, in the opinion of the Board,
call into the | ||||||
| 17 | question the honesty and integrity of, or interfere | ||||||
| 18 | with the
orderly conduct of such wagering; provided, | ||||||
| 19 | however, that no person shall
be excluded or ejected | ||||||
| 20 | from such premises solely on the grounds of race,
| ||||||
| 21 | color, creed, national origin, ancestry, or sex.
| ||||||
| 22 | (D) (Blank).
| ||||||
| 23 | (E) The Board is vested with the power to appoint | ||||||
| 24 | delegates to execute
any of the powers granted to it | ||||||
| 25 | under this Section for the purpose of
administering | ||||||
| 26 | this wagering and any
rules and
regulations
| ||||||
| |||||||
| |||||||
| 1 | promulgated in accordance with this Act.
| ||||||
| 2 | (F) The Board shall name and appoint a State | ||||||
| 3 | director of this wagering
who shall be a representative | ||||||
| 4 | of the Board and whose
duty it shall
be to supervise | ||||||
| 5 | the conduct of inter-track wagering as may be provided | ||||||
| 6 | for
by the rules and regulations of the Board; such | ||||||
| 7 | rules and regulation shall
specify the method of | ||||||
| 8 | appointment and the Director's powers, authority and
| ||||||
| 9 | duties.
| ||||||
| 10 | (G) The Board is vested with the power to impose | ||||||
| 11 | civil penalties of up
to $5,000 against individuals and | ||||||
| 12 | up to $10,000 against
licensees for each violation of | ||||||
| 13 | any provision of
this Act relating to the conduct of | ||||||
| 14 | this wagering, any
rules adopted
by the Board, any | ||||||
| 15 | order of the Board or any other action which in the | ||||||
| 16 | Board's
discretion, is a detriment or impediment to | ||||||
| 17 | such wagering.
| ||||||
| 18 | (13) The Department of Agriculture may enter into | ||||||
| 19 | agreements with
licensees authorizing such licensees to | ||||||
| 20 | conduct inter-track
wagering on races to be held at the | ||||||
| 21 | licensed race meetings conducted by the
Department of | ||||||
| 22 | Agriculture. Such
agreement shall specify the races of the | ||||||
| 23 | Department of Agriculture's
licensed race meeting upon | ||||||
| 24 | which the licensees will conduct wagering. In the
event | ||||||
| 25 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
| 26 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
| |||||||
| |||||||
| 1 | which are in addition to the licensee's previously
approved | ||||||
| 2 | racing program, those races shall be considered a separate | ||||||
| 3 | racing day
for the
purpose of determining the daily handle | ||||||
| 4 | and computing the privilege or
pari-mutuel tax on
that | ||||||
| 5 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
| 6 | agreements shall be approved by the Board before such | ||||||
| 7 | wagering may be
conducted. In determining whether to grant | ||||||
| 8 | approval, the Board shall give
due consideration to the | ||||||
| 9 | best interests of the public and of horse racing.
The | ||||||
| 10 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
| 11 | subsection (h) of this
Section which are not specified in | ||||||
| 12 | this paragraph (13) shall not apply to
licensed race | ||||||
| 13 | meetings conducted by the Department of Agriculture at the
| ||||||
| 14 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
| 15 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
| 16 | race meetings. | ||||||
| 17 | (14) An inter-track wagering location license | ||||||
| 18 | authorized by the Board in 2016 that is owned and operated | ||||||
| 19 | by a race track in Rock Island County shall be transferred | ||||||
| 20 | to a commonly owned race track in Cook County on August 12, | ||||||
| 21 | 2016 (the effective date of Public Act 99-757). The | ||||||
| 22 | licensee shall retain its status in relation to purse | ||||||
| 23 | distribution under paragraph (11) of this subsection (h) | ||||||
| 24 | following the transfer to the new entity. The pari-mutuel | ||||||
| 25 | tax credit under Section 32.1 shall not be applied toward | ||||||
| 26 | any pari-mutuel tax obligation of the inter-track wagering | ||||||
| |||||||
| |||||||
| 1 | location licensee of the license that is transferred under | ||||||
| 2 | this paragraph (14).
| ||||||
| 3 | (i) Notwithstanding the other provisions of this Act, the | ||||||
| 4 | conduct of
wagering at wagering facilities is authorized on all | ||||||
| 5 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
| 6 | Act.
| ||||||
| 7 | (Source: P.A. 100-201, eff. 8-18-17; 100-627, eff. 7-20-18; | ||||||
| 8 | 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19; 101-52, eff. | ||||||
| 9 | 7-12-19; 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; revised | ||||||
| 10 | 9-27-19.)
| ||||||
| 11 | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||||||
| 12 | Sec. 27. (a) In addition to the organization license fee | ||||||
| 13 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
| 14 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
| 15 | system of wagering permitted under this
Act. Until January 1, | ||||||
| 16 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
| 17 | this Act, all of
the breakage of each racing day held by any | ||||||
| 18 | licensee in the State shall be paid
to the State.
Until January | ||||||
| 19 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
| 20 | the
licensee from the amount permitted to be retained under | ||||||
| 21 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
| 22 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
| 23 | remitted to the Department of Revenue within 48 hours after the
| ||||||
| 24 | close of the racing day upon which it is assessed or within | ||||||
| 25 | such other time as
the Board prescribes. The privilege tax | ||||||
| |||||||
| |||||||
| 1 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
| 2 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
| 3 | provided in Section
27.1. | ||||||
| 4 | In addition, every organization licensee, except as
| ||||||
| 5 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
| 6 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
| 7 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
| 8 | wagered each day on such multiple wagers,
plus an additional | ||||||
| 9 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
| 10 | other multiple wager which involves a single
betting interest | ||||||
| 11 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
| 12 | such taxes to the Department of Revenue within 48 hours after | ||||||
| 13 | the close of
the racing day on which it is assessed or within | ||||||
| 14 | such other time as the Board
prescribes. | ||||||
| 15 | This subsection (a) shall be inoperative and of no force | ||||||
| 16 | and effect on and
after January 1, 2000. | ||||||
| 17 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
| 18 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
| 19 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
| 20 | wagering from a location other than a wagering facility, except | ||||||
| 21 | as otherwise provided for in this subsection (a-5). In addition | ||||||
| 22 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
| 23 | pursuant to this subsection (a-5), beginning on August 24, 2012 | ||||||
| 24 | (the effective date of Public Act 97-1060), an additional | ||||||
| 25 | pari-mutuel tax at the rate of 0.25% shall be imposed on | ||||||
| 26 | advance deposit wagering. Until August 25, 2012, the additional | ||||||
| |||||||
| |||||||
| 1 | 0.25% pari-mutuel tax imposed on advance deposit wagering by | ||||||
| 2 | Public Act 96-972 shall be deposited into the Quarter Horse | ||||||
| 3 | Purse Fund, which shall be created as a non-appropriated trust | ||||||
| 4 | fund administered by the Board for grants to thoroughbred | ||||||
| 5 | organization licensees for payment of purses for quarter horse | ||||||
| 6 | races conducted by the organization licensee. Beginning on | ||||||
| 7 | August 26, 2012, the additional 0.25% pari-mutuel tax imposed | ||||||
| 8 | on advance deposit wagering shall be deposited into the | ||||||
| 9 | Standardbred Purse Fund, which shall be created as a | ||||||
| 10 | non-appropriated trust fund administered by the Board, for | ||||||
| 11 | grants to the standardbred organization licensees for payment | ||||||
| 12 | of purses for standardbred horse races conducted by the | ||||||
| 13 | organization licensee. Thoroughbred organization licensees may | ||||||
| 14 | petition the Board to conduct quarter horse racing and receive | ||||||
| 15 | purse grants from the Quarter Horse Purse Fund. The Board shall | ||||||
| 16 | have complete discretion in distributing the Quarter Horse | ||||||
| 17 | Purse Fund to the petitioning organization licensees. | ||||||
| 18 | Beginning on July 26, 2010 (the effective date of Public Act | ||||||
| 19 | 96-1287), a pari-mutuel tax at the rate of 0.75% of the daily | ||||||
| 20 | pari-mutuel handle is imposed at a pari-mutuel facility whose | ||||||
| 21 | license is derived from a track located in a county that | ||||||
| 22 | borders the Mississippi River and conducted live racing in the | ||||||
| 23 | previous year. The pari-mutuel tax imposed by this subsection | ||||||
| 24 | (a-5)
shall be remitted to the Department of
Revenue within 48 | ||||||
| 25 | hours after the close of the racing day upon which it is
| ||||||
| 26 | assessed or within such other time as the Board prescribes. | ||||||
| |||||||
| |||||||
| 1 | (a-10) Beginning on the date when an organization licensee | ||||||
| 2 | begins conducting gaming pursuant to an organization gaming | ||||||
| 3 | license, the following pari-mutuel tax is imposed upon an | ||||||
| 4 | organization licensee on Illinois races at the licensee's | ||||||
| 5 | racetrack: | ||||||
| 6 | 1.5% of the pari-mutuel handle at or below the average | ||||||
| 7 | daily pari-mutuel handle for 2011. | ||||||
| 8 | 2% of the pari-mutuel handle above the average daily | ||||||
| 9 | pari-mutuel handle for 2011 up to 125% of the average daily | ||||||
| 10 | pari-mutuel handle for 2011. | ||||||
| 11 | 2.5% of the pari-mutuel handle 125% or more above the | ||||||
| 12 | average daily pari-mutuel handle for 2011 up to 150% of the | ||||||
| 13 | average daily pari-mutuel handle for 2011. | ||||||
| 14 | 3% of the pari-mutuel handle 150% or more above the | ||||||
| 15 | average daily pari-mutuel handle for 2011 up to 175% of the | ||||||
| 16 | average daily pari-mutuel handle for 2011. | ||||||
| 17 | 3.5% of the pari-mutuel handle 175% or more above the | ||||||
| 18 | average daily pari-mutuel handle for 2011. | ||||||
| 19 | The pari-mutuel tax imposed by this subsection (a-10) shall | ||||||
| 20 | be remitted to the Board within 48 hours after the close of the | ||||||
| 21 | racing day upon which it is assessed or within such other time | ||||||
| 22 | as the Board prescribes. | ||||||
| 23 | (b) On or before December 31, 1999, in
the event that any | ||||||
| 24 | organization
licensee conducts
2 separate programs
of races on | ||||||
| 25 | any day, each such program shall be considered a separate
| ||||||
| 26 | racing day for purposes of determining the daily handle and | ||||||
| |||||||
| |||||||
| 1 | computing
the privilege tax on such daily handle as provided in | ||||||
| 2 | subsection (a) of
this Section. | ||||||
| 3 | (c) Licensees shall at all times keep accurate
books
and | ||||||
| 4 | records of all monies wagered on each day of a race meeting and | ||||||
| 5 | of
the taxes paid to the Department of Revenue under the | ||||||
| 6 | provisions of this
Section. The Board or its duly authorized | ||||||
| 7 | representative or
representatives shall at all reasonable | ||||||
| 8 | times have access to such
records for the purpose of examining | ||||||
| 9 | and checking the same and
ascertaining whether the proper | ||||||
| 10 | amount of taxes is being paid as
provided. The Board shall | ||||||
| 11 | require verified reports and a statement of
the total of all | ||||||
| 12 | monies wagered daily at each wagering facility upon which
the | ||||||
| 13 | taxes are assessed and may prescribe forms upon which such | ||||||
| 14 | reports
and statement shall be made. | ||||||
| 15 | (d) Before a license is issued or re-issued, the licensee | ||||||
| 16 | shall post a bond in the sum of $500,000 to the State of | ||||||
| 17 | Illinois. The bond shall be used to guarantee that the licensee | ||||||
| 18 | faithfully makes the payments, keeps the books and records, and | ||||||
| 19 | makes reports, and conducts games of chance in conformity with | ||||||
| 20 | this Act and the rules adopted by the Board. The bond shall not | ||||||
| 21 | be canceled by a surety on less than 30 days' notice in writing | ||||||
| 22 | to the Board. If a bond is canceled and the licensee fails to | ||||||
| 23 | file a new bond with the Board in the required amount on or | ||||||
| 24 | before the effective date of cancellation, the licensee's | ||||||
| 25 | license shall be revoked. The total and aggregate liability of | ||||||
| 26 | the surety on the bond is limited to the amount specified in | ||||||
| |||||||
| |||||||
| 1 | the bond. | ||||||
| 2 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
| 3 | racing fee, except as provided in this Act, shall be assessed | ||||||
| 4 | or
collected from any such licensee by the State. | ||||||
| 5 | (f) No other license fee, privilege tax, excise tax or | ||||||
| 6 | racing fee shall be
assessed or collected from any such | ||||||
| 7 | licensee by units of local government
except as provided in | ||||||
| 8 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
| 9 | 26 of this Act. However, any municipality that has a Board | ||||||
| 10 | licensed
horse race meeting at a race track wholly within its | ||||||
| 11 | corporate boundaries or a
township that has a Board licensed | ||||||
| 12 | horse race meeting at a race track wholly
within the | ||||||
| 13 | unincorporated area of the township may charge a local
| ||||||
| 14 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
| 15 | race meeting
by the enactment of an ordinance. However, any | ||||||
| 16 | municipality or county
that has a Board licensed inter-track | ||||||
| 17 | wagering location facility wholly
within its corporate | ||||||
| 18 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
| 19 | per admission to such inter-track wagering location facility,
| ||||||
| 20 | so that a total of not more than $2.00 per admission may be | ||||||
| 21 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
| 22 | of this Act, the
inter-track wagering location licensee shall | ||||||
| 23 | collect any and all such fees. Inter-track wagering location | ||||||
| 24 | licensees must pay the admission fees required under this | ||||||
| 25 | subsection (f) to the municipality and county no later than the | ||||||
| 26 | 20th of the month following the month such admission fees were | ||||||
| |||||||
| |||||||
| 1 | imposed. as the Board prescribes | ||||||
| 2 | (g) Notwithstanding any provision in this Act to the | ||||||
| 3 | contrary, if in any
calendar year the total taxes and fees from | ||||||
| 4 | wagering on live racing and from
inter-track wagering required | ||||||
| 5 | to be collected from
licensees and distributed under this Act | ||||||
| 6 | to all State and local governmental
authorities exceeds the | ||||||
| 7 | amount of such taxes and fees distributed to each State
and | ||||||
| 8 | local governmental authority to which each State and local | ||||||
| 9 | governmental
authority was entitled under this Act for calendar | ||||||
| 10 | year 1994, then the first
$11 million of that excess amount | ||||||
| 11 | shall be allocated at the earliest possible
date for | ||||||
| 12 | distribution as purse money for the succeeding calendar year.
| ||||||
| 13 | Upon reaching the 1994 level, and until the excess amount of | ||||||
| 14 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
| 15 | licensees to cease paying the
subject taxes and fees and the | ||||||
| 16 | Board shall direct all licensees to allocate any such excess | ||||||
| 17 | amount for purses as
follows: | ||||||
| 18 | (i) the excess amount shall be initially divided | ||||||
| 19 | between thoroughbred and
standardbred purses based on the | ||||||
| 20 | thoroughbred's and standardbred's respective
percentages | ||||||
| 21 | of total Illinois live wagering in calendar year 1994; | ||||||
| 22 | (ii) each thoroughbred and standardbred organization | ||||||
| 23 | licensee issued an
organization licensee in that | ||||||
| 24 | succeeding allocation year shall
be
allocated an amount | ||||||
| 25 | equal to the product of its percentage of total
Illinois
| ||||||
| 26 | live thoroughbred or standardbred wagering in calendar | ||||||
| |||||||
| |||||||
| 1 | year 1994 (the total to
be determined based on the sum of | ||||||
| 2 | 1994 on-track wagering for all organization
licensees | ||||||
| 3 | issued organization licenses in both the allocation year | ||||||
| 4 | and the
preceding year) multiplied by
the total amount | ||||||
| 5 | allocated for standardbred or thoroughbred purses, | ||||||
| 6 | provided
that the first $1,500,000 of the amount allocated | ||||||
| 7 | to standardbred
purses under item (i) shall be allocated to | ||||||
| 8 | the Department of
Agriculture to be expended with the | ||||||
| 9 | assistance and advice of the Illinois
Standardbred | ||||||
| 10 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
| 11 | subsection (g) of Section 31 of this Act, before the amount | ||||||
| 12 | allocated to
standardbred purses under item (i) is | ||||||
| 13 | allocated to standardbred
organization licensees in the | ||||||
| 14 | succeeding allocation year. | ||||||
| 15 | To the extent the excess amount of taxes and fees to be | ||||||
| 16 | collected and
distributed to State and local governmental | ||||||
| 17 | authorities exceeds $11 million,
that excess amount shall be | ||||||
| 18 | collected and distributed to State and local
authorities as | ||||||
| 19 | provided for under this Act. | ||||||
| 20 | (Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19; | ||||||
| 21 | 101-52, eff. 7-12-19; revised 8-28-19.)
| ||||||
| 22 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
| ||||||
| 23 | Sec. 31.
(a) The General Assembly declares that it is the | ||||||
| 24 | policy of
this State to encourage the breeding of standardbred | ||||||
| 25 | horses in this
State and the ownership of such horses by | ||||||
| |||||||
| |||||||
| 1 | residents of this State in
order to provide for: sufficient | ||||||
| 2 | numbers of high quality standardbred
horses to participate in | ||||||
| 3 | harness racing meetings in this State, and to
establish and | ||||||
| 4 | preserve the agricultural and commercial benefits of such
| ||||||
| 5 | breeding and racing industries to the State of Illinois. It is | ||||||
| 6 | the
intent of the General Assembly to further this policy by | ||||||
| 7 | the provisions
of this Section of this Act.
| ||||||
| 8 | (b) Each organization licensee conducting a harness
racing | ||||||
| 9 | meeting pursuant to this Act shall provide for at least two | ||||||
| 10 | races each
race program limited to
Illinois conceived and | ||||||
| 11 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
| 12 | week limited to Illinois conceived and foaled horses. No
horses | ||||||
| 13 | shall be permitted to start in such races unless duly | ||||||
| 14 | registered
under the rules of the Department of Agriculture.
| ||||||
| 15 | (b-5) Organization licensees, not including the Illinois | ||||||
| 16 | State Fair or the DuQuoin State Fair, shall provide stake races | ||||||
| 17 | and early closer races for Illinois conceived and foaled horses | ||||||
| 18 | so that purses distributed for such races shall be no less than | ||||||
| 19 | 17% of total purses distributed for harness racing in that | ||||||
| 20 | calendar year in addition to any stakes payments and starting | ||||||
| 21 | fees contributed by horse owners. | ||||||
| 22 | (b-10) Each organization licensee conducting a harness | ||||||
| 23 | racing meeting
pursuant to this Act shall provide an owner | ||||||
| 24 | award to be paid from the purse
account equal to 12% of the | ||||||
| 25 | amount earned by Illinois conceived and foaled
horses finishing | ||||||
| 26 | in the first 3 positions in races that are not restricted to | ||||||
| |||||||
| |||||||
| 1 | Illinois conceived and foaled
horses. The owner awards shall | ||||||
| 2 | not be paid on races below the $10,000 claiming class. | ||||||
| 3 | (c) Conditions of races under subsection (b) shall be | ||||||
| 4 | commensurate
with past performance, quality and class of | ||||||
| 5 | Illinois conceived and
foaled horses available. If, however, | ||||||
| 6 | sufficient competition cannot be
had among horses of that class | ||||||
| 7 | on any day, the races may, with consent
of the Board, be | ||||||
| 8 | eliminated for that day and substitute races provided.
| ||||||
| 9 | (d) There is hereby created a special fund of the State | ||||||
| 10 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
| 11 | Fund. Beginning on June 28, 2019 (the effective date of Public | ||||||
| 12 | Act 101-31) this amendatory Act of the 101st General Assembly, | ||||||
| 13 | the Illinois Standardbred Breeders Fund shall become a | ||||||
| 14 | non-appropriated trust fund held separate and apart from State | ||||||
| 15 | moneys. Expenditures from this Fund shall no longer be subject | ||||||
| 16 | to appropriation.
| ||||||
| 17 | During the calendar year 1981, and each year thereafter, | ||||||
| 18 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
| 19 | eight and one-half
per cent of all the monies received by the | ||||||
| 20 | State as privilege taxes on
harness racing meetings shall be | ||||||
| 21 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
| 22 | (e) Notwithstanding any provision of law to the contrary, | ||||||
| 23 | amounts deposited into the Illinois Standardbred Breeders Fund | ||||||
| 24 | from revenues generated by gaming pursuant to an organization | ||||||
| 25 | gaming license issued under the Illinois Gambling Act after | ||||||
| 26 | June 28, 2019 (the effective date of Public Act 101-31) this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 101st General Assembly shall be in | ||||||
| 2 | addition to tax and fee amounts paid under this Section for | ||||||
| 3 | calendar year 2019 and thereafter. The Illinois Standardbred | ||||||
| 4 | Breeders Fund shall be administered by
the Department of | ||||||
| 5 | Agriculture with the assistance and advice of the
Advisory | ||||||
| 6 | Board created in subsection (f) of this Section.
| ||||||
| 7 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
| 8 | is hereby
created. The Advisory Board shall consist of the | ||||||
| 9 | Director of the
Department of Agriculture, who shall serve as | ||||||
| 10 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
| 11 | member of the Illinois
Racing Board, designated by it; a | ||||||
| 12 | representative of the largest association of Illinois | ||||||
| 13 | standardbred owners and breeders, recommended by it; a
| ||||||
| 14 | representative of a statewide association representing | ||||||
| 15 | agricultural fairs in Illinois,
recommended by it, such | ||||||
| 16 | representative to be from a fair at which
Illinois conceived | ||||||
| 17 | and foaled racing is conducted; a representative of
the | ||||||
| 18 | organization licensees conducting harness racing
meetings, | ||||||
| 19 | recommended by them; a representative of the Breeder's | ||||||
| 20 | Committee of the association representing the largest number of | ||||||
| 21 | standardbred owners, breeders, trainers, caretakers, and | ||||||
| 22 | drivers, recommended by it;
and a representative of the | ||||||
| 23 | association representing the largest number of standardbred | ||||||
| 24 | owners, breeders, trainers, caretakers, and drivers,
| ||||||
| 25 | recommended by it. Advisory Board members shall serve for 2 | ||||||
| 26 | years
commencing January 1 of each odd numbered year. If | ||||||
| |||||||
| |||||||
| 1 | representatives of
the largest association of Illinois | ||||||
| 2 | standardbred owners and breeders, a statewide association of | ||||||
| 3 | agricultural fairs in Illinois, the association representing | ||||||
| 4 | the largest number of standardbred owners, breeders, trainers, | ||||||
| 5 | caretakers, and drivers, a member of the Breeder's Committee of | ||||||
| 6 | the association representing the largest number of | ||||||
| 7 | standardbred owners, breeders, trainers, caretakers, and | ||||||
| 8 | drivers, and the organization licensees conducting
harness | ||||||
| 9 | racing meetings
have not been recommended by January 1 of each | ||||||
| 10 | odd numbered year, the
Director of the Department of | ||||||
| 11 | Agriculture shall make an appointment for
the organization | ||||||
| 12 | failing to so recommend a member of the Advisory Board.
| ||||||
| 13 | Advisory Board members shall receive no compensation for their | ||||||
| 14 | services
as members but shall be reimbursed for all actual and | ||||||
| 15 | necessary expenses
and disbursements incurred in the execution | ||||||
| 16 | of their official duties.
| ||||||
| 17 | (g) Monies expended
from the Illinois Standardbred | ||||||
| 18 | Breeders Fund shall be
expended by the Department of | ||||||
| 19 | Agriculture, with the assistance and
advice of the Illinois | ||||||
| 20 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
| 21 | purposes only:
| ||||||
| 22 | 1. To provide purses for races limited to Illinois | ||||||
| 23 | conceived and
foaled horses at the State Fair and the | ||||||
| 24 | DuQuoin State Fair.
| ||||||
| 25 | 2. To provide purses for races limited to Illinois | ||||||
| 26 | conceived and
foaled horses at county fairs.
| ||||||
| |||||||
| |||||||
| 1 | 3. To provide purse supplements for races limited to | ||||||
| 2 | Illinois
conceived and foaled horses conducted by | ||||||
| 3 | associations conducting harness
racing meetings.
| ||||||
| 4 | 4. No less than 75% of all monies in the Illinois | ||||||
| 5 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
| 6 | 1, 2, and 3 as shown above.
| ||||||
| 7 | 5. In the discretion of the Department of Agriculture | ||||||
| 8 | to provide
awards to harness breeders of Illinois conceived | ||||||
| 9 | and foaled horses which
win races conducted by organization | ||||||
| 10 | licensees
conducting harness racing meetings.
A breeder is | ||||||
| 11 | the owner of a mare at the time of conception. No more
than | ||||||
| 12 | 10% of all monies appropriated from the Illinois
| ||||||
| 13 | Standardbred Breeders Fund shall
be expended for such | ||||||
| 14 | harness breeders awards. No more than 25% of the
amount | ||||||
| 15 | expended for harness breeders awards shall be expended for
| ||||||
| 16 | expenses incurred in the administration of such harness | ||||||
| 17 | breeders awards.
| ||||||
| 18 | 6. To pay for the improvement of racing facilities | ||||||
| 19 | located at the
State Fair and County fairs.
| ||||||
| 20 | 7. To pay the expenses incurred in the administration | ||||||
| 21 | of the
Illinois Standardbred Breeders Fund.
| ||||||
| 22 | 8. To promote the sport of harness racing, including | ||||||
| 23 | grants up to a
maximum of $7,500 per fair per year for | ||||||
| 24 | conducting pari-mutuel wagering during the advertised | ||||||
| 25 | dates of a
county fair.
| ||||||
| 26 | 9. To pay up to $50,000 annually for the Department of | ||||||
| |||||||
| |||||||
| 1 | Agriculture to conduct drug testing at county fairs racing | ||||||
| 2 | standardbred horses. | ||||||
| 3 | (h) The Illinois Standardbred Breeders Fund is not subject | ||||||
| 4 | to administrative charges or chargebacks, including, but not | ||||||
| 5 | limited to, those authorized under Section 8h of the State | ||||||
| 6 | Finance Act.
| ||||||
| 7 | (i) A sum equal to 13% of the first prize money of the | ||||||
| 8 | gross purse
won by an Illinois conceived and foaled horse shall | ||||||
| 9 | be paid 50% by the
organization licensee conducting the horse | ||||||
| 10 | race meeting to the breeder
of such winning horse from the | ||||||
| 11 | organization licensee's account and 50% from the purse account | ||||||
| 12 | of the licensee.
Such payment
shall not reduce any award to the | ||||||
| 13 | owner of
the horse or reduce the taxes payable under this Act. | ||||||
| 14 | Such payment
shall be delivered by the organization licensee at | ||||||
| 15 | the end of each quarter.
| ||||||
| 16 | (j) The Department of Agriculture shall, by rule, with the
| ||||||
| 17 | assistance and advice of the Illinois Standardbred Breeders | ||||||
| 18 | Fund
Advisory Board:
| ||||||
| 19 | 1. Qualify stallions for Illinois Standardbred | ||||||
| 20 | Breeders Fund breeding; such stallion
shall be owned by a | ||||||
| 21 | resident of the State of Illinois or by an Illinois
| ||||||
| 22 | corporation all of whose shareholders, directors, officers | ||||||
| 23 | and
incorporators are residents of the State of Illinois. | ||||||
| 24 | Such stallion shall
stand for
service at and within the | ||||||
| 25 | State of Illinois at the time of a foal's
conception, and | ||||||
| 26 | such stallion must not stand for service at any place, nor
| ||||||
| |||||||
| |||||||
| 1 | may semen from such stallion be transported,
outside the | ||||||
| 2 | State of Illinois during that calendar year in which the
| ||||||
| 3 | foal is conceived and that the owner of the stallion was | ||||||
| 4 | for the
12
months prior, a resident of Illinois. However, | ||||||
| 5 | from January 1, 2018 until January 1, 2022, semen from an | ||||||
| 6 | Illinois stallion may be transported outside the State of | ||||||
| 7 | Illinois.
The articles of agreement of any partnership, | ||||||
| 8 | joint venture, limited
partnership, syndicate, association | ||||||
| 9 | or corporation and any bylaws and stock
certificates must | ||||||
| 10 | contain a restriction that provides that the ownership or
| ||||||
| 11 | transfer of interest by any one of the persons a party to | ||||||
| 12 | the agreement can
only be made to a person who qualifies as | ||||||
| 13 | an Illinois resident.
| ||||||
| 14 | 2. Provide for the registration of Illinois conceived | ||||||
| 15 | and foaled
horses and no such horse shall compete in the | ||||||
| 16 | races limited to Illinois
conceived and foaled horses | ||||||
| 17 | unless registered with the Department of
Agriculture. The | ||||||
| 18 | Department of Agriculture may prescribe such forms as
may | ||||||
| 19 | be necessary to determine the eligibility of such horses. | ||||||
| 20 | No person
shall knowingly prepare or cause preparation of | ||||||
| 21 | an application for
registration of such foals containing | ||||||
| 22 | false information.
A mare (dam) must be in the State at | ||||||
| 23 | least 30 days prior to foaling or
remain in the State at | ||||||
| 24 | least 30 days at the time of foaling. However, the | ||||||
| 25 | requirement that a mare (dam) must be in the State at least | ||||||
| 26 | 30 days before foaling or remain in the State at least 30 | ||||||
| |||||||
| |||||||
| 1 | days at the time of foaling shall not be in effect from | ||||||
| 2 | January 1, 2018 until January 1, 2022.
Beginning with the | ||||||
| 3 | 1996 breeding season and for foals of 1997 and thereafter,
| ||||||
| 4 | a foal conceived by transported semen may be eligible for | ||||||
| 5 | Illinois
conceived and foaled registration provided all | ||||||
| 6 | breeding and foaling
requirements are met. The stallion | ||||||
| 7 | must be qualified for Illinois Standardbred
Breeders Fund | ||||||
| 8 | breeding at the time of conception and the mare must be
| ||||||
| 9 | inseminated within the State of Illinois. The foal must be | ||||||
| 10 | dropped in Illinois
and properly registered with the | ||||||
| 11 | Department of Agriculture in accordance with
this Act. | ||||||
| 12 | However, from January 1, 2018 until January 1, 2022, the | ||||||
| 13 | requirement for a mare to be inseminated within the State | ||||||
| 14 | of Illinois and the requirement for a foal to be dropped in | ||||||
| 15 | Illinois are inapplicable.
| ||||||
| 16 | 3. Provide that at least a 5-day racing program shall | ||||||
| 17 | be conducted
at the State Fair each year, unless an | ||||||
| 18 | alternate racing program is requested by the Illinois | ||||||
| 19 | Standardbred Breeders Fund Advisory Board, which program | ||||||
| 20 | shall include at least the
following races limited to | ||||||
| 21 | Illinois conceived and foaled horses: (a) a 2-year-old
two | ||||||
| 22 | year old Trot and Pace, and Filly Division of each; (b) a | ||||||
| 23 | 3-year-old three
year old Trot and Pace, and Filly Division | ||||||
| 24 | of each; (c) an aged Trot and Pace,
and Mare Division of | ||||||
| 25 | each.
| ||||||
| 26 | 4. Provide for the payment of nominating, sustaining | ||||||
| |||||||
| |||||||
| 1 | and starting
fees for races promoting the sport of harness | ||||||
| 2 | racing and for the races
to be conducted at the State Fair | ||||||
| 3 | as provided in
subsection (j) 3 of this Section provided | ||||||
| 4 | that the nominating,
sustaining and starting payment | ||||||
| 5 | required from an entrant shall not
exceed 2% of the purse | ||||||
| 6 | of such race. All nominating, sustaining and
starting | ||||||
| 7 | payments shall be held for the benefit of entrants and | ||||||
| 8 | shall be
paid out as part of the respective purses for such | ||||||
| 9 | races.
Nominating, sustaining and starting fees shall be | ||||||
| 10 | held in trust accounts
for the purposes as set forth in | ||||||
| 11 | this Act and in accordance with Section
205-15 of the | ||||||
| 12 | Department of Agriculture Law.
| ||||||
| 13 | 5. Provide for the registration with the Department of | ||||||
| 14 | Agriculture
of Colt Associations or county fairs desiring | ||||||
| 15 | to sponsor races at county
fairs.
| ||||||
| 16 | 6. Provide for the promotion of producing standardbred | ||||||
| 17 | racehorses by providing a bonus award program for owners of | ||||||
| 18 | 2-year-old horses that win multiple major stakes races that | ||||||
| 19 | are limited to Illinois conceived and foaled horses. | ||||||
| 20 | (k) The Department of Agriculture, with the advice and | ||||||
| 21 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
| 22 | Board, may allocate monies for purse
supplements for such | ||||||
| 23 | races. In determining whether to allocate money and
the amount, | ||||||
| 24 | the Department
of Agriculture shall consider factors, | ||||||
| 25 | including, but not limited to, the
amount of money appropriated | ||||||
| 26 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
| |||||||
| |||||||
| 1 | of races that may occur, and an organization
licensee's purse | ||||||
| 2 | structure. The organization licensee shall notify the
| ||||||
| 3 | Department of Agriculture of the conditions and minimum purses | ||||||
| 4 | for races
limited to Illinois conceived and foaled horses to be | ||||||
| 5 | conducted by each organization
licensee conducting a harness | ||||||
| 6 | racing meeting for which purse
supplements have been | ||||||
| 7 | negotiated.
| ||||||
| 8 | (l) All races held at county fairs and the State Fair which | ||||||
| 9 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
| 10 | shall be conducted in
accordance with the rules of the United | ||||||
| 11 | States Trotting Association unless
otherwise modified by the | ||||||
| 12 | Department of Agriculture.
| ||||||
| 13 | (m) At all standardbred race meetings held or conducted | ||||||
| 14 | under authority of a
license granted by the Board, and at all | ||||||
| 15 | standardbred races held at county
fairs which are approved by | ||||||
| 16 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
| 17 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
| 18 | standardbred horse unless he or she is wearing a protective | ||||||
| 19 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
| 20 | meets the standards and
requirements as set forth in the 1984 | ||||||
| 21 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
| 22 | Other Equestrian Sports published by the Snell
Memorial | ||||||
| 23 | Foundation, or any standards and requirements for headgear the
| ||||||
| 24 | Illinois Racing Board may approve. Any other standards and | ||||||
| 25 | requirements so
approved by the Board shall equal or exceed | ||||||
| 26 | those published by the Snell
Memorial Foundation. Any | ||||||
| |||||||
| |||||||
| 1 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
| 2 | have met those standards and requirements.
| ||||||
| 3 | (Source: P.A. 100-777, eff. 8-10-18; 101-31, eff. 6-28-19; | ||||||
| 4 | 101-157, eff. 7-26-19; revised 9-27-19.)
| ||||||
| 5 | Section 500. The Illinois Gambling Act is amended by | ||||||
| 6 | changing Sections 7 and 13 as follows:
| ||||||
| 7 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
| 8 | Sec. 7. Owners licenses.
| ||||||
| 9 | (a) The Board shall issue owners licenses to persons or | ||||||
| 10 | entities that apply for such licenses upon payment to the Board | ||||||
| 11 | of the
non-refundable license fee as provided in subsection (e) | ||||||
| 12 | or (e-5) and upon a determination by the Board that the
| ||||||
| 13 | applicant is eligible for an owners license pursuant to this | ||||||
| 14 | Act and the
rules of the Board. From the effective date of this | ||||||
| 15 | amendatory Act of the 95th General Assembly until (i) 3 years | ||||||
| 16 | after the effective date of this amendatory Act of the 95th | ||||||
| 17 | General Assembly, (ii) the date any organization licensee | ||||||
| 18 | begins to operate a slot machine or video game of chance under | ||||||
| 19 | the Illinois Horse Racing Act of 1975 or this Act, (iii) the | ||||||
| 20 | date that payments begin under subsection (c-5) of Section 13 | ||||||
| 21 | of this the Act, (iv) the wagering tax imposed under Section 13 | ||||||
| 22 | of this Act is increased by law to reflect a tax rate that is at | ||||||
| 23 | least as stringent or more stringent than the tax rate | ||||||
| 24 | contained in subsection (a-3) of Section 13, or (v) when an | ||||||
| |||||||
| |||||||
| 1 | owners licensee holding a license issued pursuant to Section | ||||||
| 2 | 7.1 of this Act begins conducting gaming, whichever occurs | ||||||
| 3 | first, as a condition of licensure and as an alternative source | ||||||
| 4 | of payment for those funds payable under subsection (c-5) of | ||||||
| 5 | Section 13 of this Act, any owners licensee that holds or | ||||||
| 6 | receives its owners license on or after the effective date of | ||||||
| 7 | this amendatory Act of the 94th General Assembly, other than an | ||||||
| 8 | owners licensee operating a riverboat with adjusted gross | ||||||
| 9 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
| 10 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
| 11 | other payments required under this Act, an amount equal to 3% | ||||||
| 12 | of the adjusted gross receipts received by the owners licensee. | ||||||
| 13 | The payments required under this Section shall be made by the | ||||||
| 14 | owners licensee to the State Treasurer no later than 3:00 | ||||||
| 15 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
| 16 | receipts were received by the owners licensee. A person or | ||||||
| 17 | entity is ineligible to receive
an owners license if:
| ||||||
| 18 | (1) the person has been convicted of a felony under the | ||||||
| 19 | laws of this
State, any other state, or the United States;
| ||||||
| 20 | (2) the person has been convicted of any violation of | ||||||
| 21 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
| 22 | Code of 2012, or substantially similar laws of any other | ||||||
| 23 | jurisdiction;
| ||||||
| 24 | (3) the person has submitted an application for a | ||||||
| 25 | license under this
Act which contains false information;
| ||||||
| 26 | (4) the person is
a member of the Board;
| ||||||
| |||||||
| |||||||
| 1 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
| 2 | officer, director, or
managerial employee of the entity;
| ||||||
| 3 | (6) the entity employs a person defined in (1), (2), | ||||||
| 4 | (3), or
(4) who participates in the management or operation | ||||||
| 5 | of gambling operations
authorized under this Act;
| ||||||
| 6 | (7) (blank); or
| ||||||
| 7 | (8) a license of the person or entity issued under
this | ||||||
| 8 | Act, or a license to own or operate gambling facilities
in | ||||||
| 9 | any other jurisdiction, has been revoked.
| ||||||
| 10 | The Board is expressly prohibited from making changes to | ||||||
| 11 | the requirement that licensees make payment into the Horse | ||||||
| 12 | Racing Equity Trust Fund without the express authority of the | ||||||
| 13 | Illinois General Assembly and making any other rule to | ||||||
| 14 | implement or interpret this amendatory Act of the 95th General | ||||||
| 15 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
| 16 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
| 17 | Administrative Procedure Act. | ||||||
| 18 | (b) In determining whether to grant an owners license to an | ||||||
| 19 | applicant, the
Board shall consider:
| ||||||
| 20 | (1) the character, reputation, experience, and | ||||||
| 21 | financial integrity of the
applicants and of any other or | ||||||
| 22 | separate person that either:
| ||||||
| 23 | (A) controls, directly or indirectly, such | ||||||
| 24 | applicant, or
| ||||||
| 25 | (B) is controlled, directly or indirectly, by such | ||||||
| 26 | applicant or by a
person which controls, directly or | ||||||
| |||||||
| |||||||
| 1 | indirectly, such applicant;
| ||||||
| 2 | (2) the facilities or proposed facilities for the | ||||||
| 3 | conduct of
gambling;
| ||||||
| 4 | (3) the highest prospective total revenue to be derived | ||||||
| 5 | by the State
from the conduct of gambling;
| ||||||
| 6 | (4) the extent to which the ownership of the applicant | ||||||
| 7 | reflects the
diversity of the State by including minority | ||||||
| 8 | persons, women, and persons with a disability
and the good | ||||||
| 9 | faith affirmative action plan of
each applicant to recruit, | ||||||
| 10 | train and upgrade minority persons, women, and persons with | ||||||
| 11 | a disability in all employment classifications; the Board | ||||||
| 12 | shall further consider granting an owners license and | ||||||
| 13 | giving preference to an applicant under this Section to | ||||||
| 14 | applicants in which minority persons and women hold | ||||||
| 15 | ownership interest of at least 16% and 4%, respectively.
| ||||||
| 16 | (4.5) the extent to which the ownership of the | ||||||
| 17 | applicant includes veterans of service in the armed forces | ||||||
| 18 | of the United States, and the good faith affirmative action | ||||||
| 19 | plan of each applicant to recruit, train, and upgrade | ||||||
| 20 | veterans of service in the armed forces of the United | ||||||
| 21 | States in all employment classifications; | ||||||
| 22 | (5) the financial ability of the applicant to purchase | ||||||
| 23 | and maintain
adequate liability and casualty insurance;
| ||||||
| 24 | (6) whether the applicant has adequate capitalization | ||||||
| 25 | to provide and
maintain, for the duration of a license, a | ||||||
| 26 | riverboat or casino;
| ||||||
| |||||||
| |||||||
| 1 | (7) the extent to which the applicant exceeds or meets | ||||||
| 2 | other standards
for the issuance of an owners license which | ||||||
| 3 | the Board may adopt by rule;
| ||||||
| 4 | (8) the amount of the applicant's license bid;
| ||||||
| 5 | (9) the extent to which the applicant or the proposed | ||||||
| 6 | host municipality plans to enter into revenue sharing | ||||||
| 7 | agreements with communities other than the host | ||||||
| 8 | municipality; and | ||||||
| 9 | (10) the extent to which the ownership of an applicant | ||||||
| 10 | includes the most qualified number of minority persons, | ||||||
| 11 | women, and persons with a disability. | ||||||
| 12 | (c) Each owners license shall specify the place where the | ||||||
| 13 | casino shall
operate or the riverboat shall operate and dock.
| ||||||
| 14 | (d) Each applicant shall submit with his or her | ||||||
| 15 | application, on forms
provided by the Board, 2 sets of his or | ||||||
| 16 | her fingerprints.
| ||||||
| 17 | (e) In addition to any licenses authorized under subsection | ||||||
| 18 | (e-5) of this Section, the Board may issue up to 10 licenses | ||||||
| 19 | authorizing the holders of such
licenses to own riverboats. In | ||||||
| 20 | the application for an owners license, the
applicant shall | ||||||
| 21 | state the dock at which the riverboat is based and the water
on | ||||||
| 22 | which the riverboat will be located. The Board shall issue 5 | ||||||
| 23 | licenses to
become effective not earlier than January 1, 1991. | ||||||
| 24 | Three of such licenses
shall authorize riverboat gambling on | ||||||
| 25 | the Mississippi River, or, with approval
by the municipality in | ||||||
| 26 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
| |||||||
| |||||||
| 1 | approval, be authorized to relocate to a new location,
in a
| ||||||
| 2 | municipality that (1) borders on the Mississippi River or is | ||||||
| 3 | within 5
miles of the city limits of a municipality that | ||||||
| 4 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
| 5 | had a riverboat conducting riverboat gambling operations | ||||||
| 6 | pursuant to
a license issued under this Act; one of which shall | ||||||
| 7 | authorize riverboat
gambling from a home dock in the city of | ||||||
| 8 | East St. Louis; and one of which shall authorize riverboat
| ||||||
| 9 | gambling from a home dock in the City of Alton. One other | ||||||
| 10 | license
shall
authorize riverboat gambling on
the Illinois | ||||||
| 11 | River in the City of East Peoria or, with Board approval, shall | ||||||
| 12 | authorize land-based gambling operations anywhere within the | ||||||
| 13 | corporate limits of the City of Peoria. The Board shall issue | ||||||
| 14 | one
additional license to become effective not earlier than | ||||||
| 15 | March 1, 1992, which
shall authorize riverboat gambling on the | ||||||
| 16 | Des Plaines River in Will County.
The Board may issue 4 | ||||||
| 17 | additional licenses to become effective not
earlier than
March | ||||||
| 18 | 1, 1992. In determining the water upon which riverboats will | ||||||
| 19 | operate,
the Board shall consider the economic benefit which | ||||||
| 20 | riverboat gambling confers
on the State, and shall seek to | ||||||
| 21 | assure that all regions of the State share
in the economic | ||||||
| 22 | benefits of riverboat gambling.
| ||||||
| 23 | In granting all licenses, the Board may give favorable | ||||||
| 24 | consideration to
economically depressed areas of the State, to | ||||||
| 25 | applicants presenting plans
which provide for significant | ||||||
| 26 | economic development over a large geographic
area, and to | ||||||
| |||||||
| |||||||
| 1 | applicants who currently operate non-gambling riverboats in
| ||||||
| 2 | Illinois.
The Board shall review all applications for owners | ||||||
| 3 | licenses,
and shall inform each applicant of the Board's | ||||||
| 4 | decision.
The Board may grant an owners license to an
applicant | ||||||
| 5 | that has not submitted the highest license bid, but if it does | ||||||
| 6 | not
select the highest bidder, the Board shall issue a written | ||||||
| 7 | decision explaining
why another
applicant was selected and | ||||||
| 8 | identifying the factors set forth in this Section
that favored | ||||||
| 9 | the winning bidder. The fee for issuance or renewal of a | ||||||
| 10 | license pursuant to this subsection (e) shall be $250,000.
| ||||||
| 11 | (e-5) In addition to licenses authorized under subsection | ||||||
| 12 | (e) of this Section: | ||||||
| 13 | (1) the Board may issue one owners license authorizing | ||||||
| 14 | the conduct of casino gambling in the City of Chicago; | ||||||
| 15 | (2) the Board may issue one owners license authorizing | ||||||
| 16 | the conduct of riverboat gambling in the City of Danville; | ||||||
| 17 | (3) the Board may issue one owners license authorizing | ||||||
| 18 | the conduct of riverboat gambling located in the City of | ||||||
| 19 | Waukegan; | ||||||
| 20 | (4) the Board may issue one owners license authorizing | ||||||
| 21 | the conduct of riverboat gambling in the City of Rockford; | ||||||
| 22 | (5) the Board may issue one owners license authorizing | ||||||
| 23 | the conduct of riverboat gambling in a municipality that is | ||||||
| 24 | wholly or partially located in one of the following | ||||||
| 25 | townships of Cook County: Bloom, Bremen, Calumet, Rich, | ||||||
| 26 | Thornton, or Worth Township; and | ||||||
| |||||||
| |||||||
| 1 | (6) the Board may issue one owners license authorizing | ||||||
| 2 | the conduct of riverboat gambling in the unincorporated | ||||||
| 3 | area of Williamson County adjacent to the Big Muddy River. | ||||||
| 4 | Except for the license authorized under paragraph (1), each | ||||||
| 5 | application for a license pursuant to this subsection (e-5) | ||||||
| 6 | shall be submitted to the Board no later than 120 days after | ||||||
| 7 | June 28, 2019 (the effective date of Public Act 101-31) this | ||||||
| 8 | amendatory Act of the 101st General Assembly. All applications | ||||||
| 9 | for a license under this subsection (e-5) shall include the | ||||||
| 10 | nonrefundable application fee and the nonrefundable background | ||||||
| 11 | investigation fee as provided in subsection (d) of Section 6 of | ||||||
| 12 | this Act. In the event that an applicant submits an application | ||||||
| 13 | for a license pursuant to this subsection (e-5) prior to June | ||||||
| 14 | 28, 2019 (the effective date of Public Act 101-31) this | ||||||
| 15 | amendatory Act of the 101st General Assembly, such applicant | ||||||
| 16 | shall submit the nonrefundable application fee and background | ||||||
| 17 | investigation fee as provided in subsection (d) of Section 6 of | ||||||
| 18 | this Act no later than 6 months after June 28, 2019 (the | ||||||
| 19 | effective date of Public Act 101-31) this amendatory Act of the | ||||||
| 20 | 101st General Assembly. | ||||||
| 21 | The Board shall consider issuing a license pursuant to | ||||||
| 22 | paragraphs (1) through (6) of this subsection only after the | ||||||
| 23 | corporate authority of the municipality or the county board of | ||||||
| 24 | the county in which the riverboat or casino shall be located | ||||||
| 25 | has certified to the Board the following: | ||||||
| 26 | (i) that the applicant has negotiated with the | ||||||
| |||||||
| |||||||
| 1 | corporate authority or county board in good faith; | ||||||
| 2 | (ii) that the applicant and the corporate authority or | ||||||
| 3 | county board have mutually agreed on the permanent location | ||||||
| 4 | of the riverboat or casino; | ||||||
| 5 | (iii) that the applicant and the corporate authority or | ||||||
| 6 | county board have mutually agreed on the temporary location | ||||||
| 7 | of the riverboat or casino; | ||||||
| 8 | (iv) that the applicant and the corporate authority or | ||||||
| 9 | the county board have mutually agreed on the percentage of | ||||||
| 10 | revenues that will be shared with the municipality or | ||||||
| 11 | county, if any; | ||||||
| 12 | (v) that the applicant and the corporate authority or | ||||||
| 13 | county board have mutually agreed on any zoning, licensing, | ||||||
| 14 | public health, or other issues that are within the | ||||||
| 15 | jurisdiction of the municipality or county; and | ||||||
| 16 | (vi) that the corporate authority or county board has | ||||||
| 17 | passed a resolution or ordinance in support of the | ||||||
| 18 | riverboat or casino in the municipality or county. | ||||||
| 19 | At least 7 days before the corporate authority of a | ||||||
| 20 | municipality or county board of the county submits a | ||||||
| 21 | certification to the Board concerning items (i) through (vi) of | ||||||
| 22 | this subsection, it shall hold a public hearing to discuss | ||||||
| 23 | items (i) through (vi), as well as any other details concerning | ||||||
| 24 | the proposed riverboat or casino in the municipality or county. | ||||||
| 25 | The corporate authority or county board must subsequently | ||||||
| 26 | memorialize the details concerning the proposed riverboat or | ||||||
| |||||||
| |||||||
| 1 | casino in a resolution that must be adopted by a majority of | ||||||
| 2 | the corporate authority or county board before any | ||||||
| 3 | certification is sent to the Board. The Board shall not alter, | ||||||
| 4 | amend, change, or otherwise interfere with any agreement | ||||||
| 5 | between the applicant and the corporate authority of the | ||||||
| 6 | municipality or county board of the county regarding the | ||||||
| 7 | location of any temporary or permanent facility. | ||||||
| 8 | In addition, within 10 days after June 28, 2019 (the | ||||||
| 9 | effective date of Public Act 101-31) this amendatory Act of the | ||||||
| 10 | 101st General Assembly, the Board, with consent and at the | ||||||
| 11 | expense of the City of Chicago, shall select and retain the | ||||||
| 12 | services of a nationally recognized casino gaming feasibility | ||||||
| 13 | consultant. Within 45 days after June 28, 2019 (the effective | ||||||
| 14 | date of Public Act 101-31) this amendatory Act of the 101st | ||||||
| 15 | General Assembly, the consultant shall prepare and deliver to | ||||||
| 16 | the Board a study concerning the feasibility of, and the | ||||||
| 17 | ability to finance, a casino in the City of Chicago. The | ||||||
| 18 | feasibility study shall be delivered to the Mayor of the City | ||||||
| 19 | of Chicago, the Governor, the President of the Senate, and the | ||||||
| 20 | Speaker of the House of Representatives. Ninety days after | ||||||
| 21 | receipt of the feasibility study, the Board shall make a | ||||||
| 22 | determination, based on the results of the feasibility study, | ||||||
| 23 | whether to recommend to the General Assembly that the terms of | ||||||
| 24 | the license under paragraph (1) of this subsection (e-5) should | ||||||
| 25 | be modified. The Board may begin accepting applications for the | ||||||
| 26 | owners license under paragraph (1) of this subsection (e-5) | ||||||
| |||||||
| |||||||
| 1 | upon the determination to issue such an owners license. | ||||||
| 2 | In addition, prior to the Board issuing the owners license | ||||||
| 3 | authorized under paragraph (4) of subsection (e-5), an impact | ||||||
| 4 | study shall be completed to determine what location in the city | ||||||
| 5 | will provide the greater impact to the region, including the | ||||||
| 6 | creation of jobs and the generation of tax revenue. | ||||||
| 7 | (e-10) The licenses authorized under subsection (e-5) of | ||||||
| 8 | this Section shall be issued within 12 months after the date | ||||||
| 9 | the license application is submitted. If the Board does not | ||||||
| 10 | issue the licenses within that time period, then the Board | ||||||
| 11 | shall give a written explanation to the applicant as to why it | ||||||
| 12 | has not reached a determination and when it reasonably expects | ||||||
| 13 | to make a determination. The fee for the issuance or renewal of | ||||||
| 14 | a license issued pursuant to this subsection (e-10) shall be | ||||||
| 15 | $250,000. Additionally, a licensee located outside of Cook | ||||||
| 16 | County shall pay a minimum initial fee of $17,500 per gaming | ||||||
| 17 | position, and a licensee located in Cook County shall pay a | ||||||
| 18 | minimum initial fee of $30,000 per gaming position. The initial | ||||||
| 19 | fees payable under this subsection (e-10) shall be deposited | ||||||
| 20 | into the Rebuild Illinois Projects Fund. | ||||||
| 21 | (e-15) Each licensee of a license authorized under | ||||||
| 22 | subsection (e-5) of this Section shall make a reconciliation | ||||||
| 23 | payment 3 years after the date the licensee begins operating in | ||||||
| 24 | an amount equal to 75% of the adjusted gross receipts for the | ||||||
| 25 | most lucrative 12-month period of operations, minus an amount | ||||||
| 26 | equal to the initial payment per gaming position paid by the | ||||||
| |||||||
| |||||||
| 1 | specific licensee. Each licensee shall pay a $15,000,000 | ||||||
| 2 | reconciliation fee upon issuance of an owners license. If this | ||||||
| 3 | calculation results in a negative amount, then the licensee is | ||||||
| 4 | not entitled to any
reimbursement of fees previously paid. This | ||||||
| 5 | reconciliation payment may be made in installments over a | ||||||
| 6 | period of no more than 2 years, subject to Board approval. Any | ||||||
| 7 | installment payments shall include an annual market interest | ||||||
| 8 | rate as determined by the Board. All payments by licensees | ||||||
| 9 | under this subsection (e-15) shall be deposited into the | ||||||
| 10 | Rebuild Illinois Projects Fund. | ||||||
| 11 | (e-20) In addition to any other revocation powers granted | ||||||
| 12 | to the Board under this
Act,
the Board may revoke the owners | ||||||
| 13 | license of a licensee which fails
to begin conducting gambling | ||||||
| 14 | within 15 months
of receipt of the
Board's approval of the | ||||||
| 15 | application if the Board determines that license
revocation is | ||||||
| 16 | in the best interests of the State.
| ||||||
| 17 | (f) The first 10 owners licenses issued under this Act | ||||||
| 18 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
| 19 | thereon
for a period of 3 years after the effective date of the | ||||||
| 20 | license. Holders of
the first 10 owners licenses must pay the | ||||||
| 21 | annual license fee for each of
the 3
years during which they | ||||||
| 22 | are authorized to own riverboats.
| ||||||
| 23 | (g) Upon the termination, expiration, or revocation of each | ||||||
| 24 | of the first
10 licenses, which shall be issued for a 3-year 3 | ||||||
| 25 | year period, all licenses are
renewable annually upon payment | ||||||
| 26 | of the fee and a determination by the Board
that the licensee | ||||||
| |||||||
| |||||||
| 1 | continues to meet all of the requirements of this Act and the
| ||||||
| 2 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
| 3 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
| 4 | Board sets a shorter period.
| ||||||
| 5 | (h) An owners license, except for an owners license issued | ||||||
| 6 | under subsection (e-5) of this Section, shall entitle the | ||||||
| 7 | licensee to own up to 2
riverboats. | ||||||
| 8 | An owners licensee of a casino or riverboat that is located | ||||||
| 9 | in the City of Chicago pursuant to paragraph (1) of subsection | ||||||
| 10 | (e-5) of this Section shall limit the number of gaming | ||||||
| 11 | positions to 4,000 for such owner. An owners licensee | ||||||
| 12 | authorized under subsection (e) or paragraph (2), (3), (4), or | ||||||
| 13 | (5) of subsection (e-5) of this Section shall limit the number | ||||||
| 14 | of gaming positions to 2,000 for any such owners license. An | ||||||
| 15 | owners licensee authorized under paragraph (6) of subsection | ||||||
| 16 | (e-5) of this Section shall limit the number of gaming | ||||||
| 17 | positions to
1,200 for such owner. The initial fee for each | ||||||
| 18 | gaming position obtained on or after June 28, 2019 (the | ||||||
| 19 | effective date of Public Act 101-31) this amendatory Act of the | ||||||
| 20 | 101st General Assembly shall be a minimum of $17,500 for | ||||||
| 21 | licensees not located in Cook County and a minimum of $30,000 | ||||||
| 22 | for licensees located in Cook County, in addition to the | ||||||
| 23 | reconciliation payment, as set forth in subsection (e-15) of | ||||||
| 24 | this Section. The fees under this subsection (h) shall be | ||||||
| 25 | deposited into the Rebuild Illinois Projects Fund. The fees | ||||||
| 26 | under this subsection (h) that are paid by an owners licensee | ||||||
| |||||||
| |||||||
| 1 | authorized under subsection (e) shall be paid by July 1, 2020. | ||||||
| 2 | Each owners licensee under subsection (e) of this Section | ||||||
| 3 | shall reserve its gaming positions within 30 days after June | ||||||
| 4 | 28, 2019 (the effective date of Public Act 101-31) this | ||||||
| 5 | amendatory Act of the 101st General Assembly. The Board may | ||||||
| 6 | grant an extension to this 30-day period, provided that the | ||||||
| 7 | owners licensee submits a written request and explanation as to | ||||||
| 8 | why it is unable to reserve its positions within the 30-day | ||||||
| 9 | period. | ||||||
| 10 | Each owners licensee under subsection (e-5) of this Section | ||||||
| 11 | shall reserve its gaming positions within 30 days after | ||||||
| 12 | issuance of its owners license. The Board may grant an | ||||||
| 13 | extension to this 30-day period, provided that the owners | ||||||
| 14 | licensee submits a written request and explanation as to why it | ||||||
| 15 | is unable to reserve its positions within the 30-day period. | ||||||
| 16 | A licensee may operate both of its riverboats concurrently, | ||||||
| 17 | provided that the
total number of gaming positions on both | ||||||
| 18 | riverboats does not exceed the limit established pursuant to | ||||||
| 19 | this subsection. Riverboats licensed to operate on the
| ||||||
| 20 | Mississippi River and the Illinois River south of Marshall | ||||||
| 21 | County shall
have an authorized capacity of at least 500 | ||||||
| 22 | persons. Any other riverboat
licensed under this Act shall have | ||||||
| 23 | an authorized capacity of at least 400
persons.
| ||||||
| 24 | (h-5) An owners licensee who conducted gambling operations | ||||||
| 25 | prior to January 1, 2012 and obtains positions pursuant to | ||||||
| 26 | Public Act 101-31 this amendatory Act of the 101st General | ||||||
| |||||||
| |||||||
| 1 | Assembly shall make a reconciliation payment 3 years after any | ||||||
| 2 | additional gaming positions begin operating in an amount equal | ||||||
| 3 | to 75% of the owners licensee's average gross receipts for the | ||||||
| 4 | most lucrative 12-month period of operations minus an amount | ||||||
| 5 | equal to the initial fee that the owners licensee paid per | ||||||
| 6 | additional gaming position. For purposes of this subsection | ||||||
| 7 | (h-5), "average gross receipts" means (i) the increase in | ||||||
| 8 | adjusted gross receipts for the most lucrative 12-month period | ||||||
| 9 | of operations over the adjusted gross receipts for 2019, | ||||||
| 10 | multiplied by (ii) the percentage derived by dividing the | ||||||
| 11 | number of additional gaming positions that an owners licensee | ||||||
| 12 | had obtained by the total number of gaming positions operated | ||||||
| 13 | by the owners licensee. If this calculation results in a | ||||||
| 14 | negative amount, then the owners licensee is not entitled to | ||||||
| 15 | any reimbursement of fees previously paid. This reconciliation | ||||||
| 16 | payment may be made in installments over a period of no more | ||||||
| 17 | than 2 years, subject to Board approval. Any installment | ||||||
| 18 | payments shall include an annual market interest rate as | ||||||
| 19 | determined by the Board. These reconciliation payments shall be | ||||||
| 20 | deposited into the Rebuild Illinois Projects Fund. | ||||||
| 21 | (i) A licensed owner is authorized to apply to the Board | ||||||
| 22 | for and, if
approved therefor, to receive all licenses from the | ||||||
| 23 | Board necessary for the
operation of a riverboat or casino, | ||||||
| 24 | including a liquor license, a license
to prepare and serve food | ||||||
| 25 | for human consumption, and other necessary
licenses. All use, | ||||||
| 26 | occupation, and excise taxes which apply to the sale of
food | ||||||
| |||||||
| |||||||
| 1 | and beverages in this State and all taxes imposed on the sale | ||||||
| 2 | or use
of tangible personal property apply to such sales aboard | ||||||
| 3 | the riverboat or in the casino.
| ||||||
| 4 | (j) The Board may issue or re-issue a license authorizing a | ||||||
| 5 | riverboat to
dock
in a municipality or approve a relocation | ||||||
| 6 | under Section 11.2 only if, prior
to the issuance or | ||||||
| 7 | re-issuance of
the license or approval, the governing body of | ||||||
| 8 | the municipality in which
the riverboat will dock has by a | ||||||
| 9 | majority vote approved the docking of
riverboats in the | ||||||
| 10 | municipality. The Board may issue or re-issue a license
| ||||||
| 11 | authorizing a
riverboat to dock in areas of a county outside | ||||||
| 12 | any municipality or approve a
relocation under Section 11.2 | ||||||
| 13 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
| 14 | approval, the
governing body of the county has by a majority | ||||||
| 15 | vote approved of the docking of
riverboats within such areas.
| ||||||
| 16 | (k) An owners licensee may conduct land-based gambling | ||||||
| 17 | operations upon approval by the Board and payment of a fee of | ||||||
| 18 | $250,000, which shall be deposited into the State Gaming Fund. | ||||||
| 19 | (l) An owners licensee may conduct gaming at a temporary | ||||||
| 20 | facility pending the construction of a permanent facility or | ||||||
| 21 | the remodeling or relocation of an existing facility to | ||||||
| 22 | accommodate gaming participants for up to 24 months after the | ||||||
| 23 | temporary facility begins to conduct gaming. Upon request by an | ||||||
| 24 | owners licensee and upon a showing of good cause by the owners | ||||||
| 25 | licensee, the Board shall extend the period during which the | ||||||
| 26 | licensee may conduct gaming at a temporary facility by up to 12 | ||||||
| |||||||
| |||||||
| 1 | months. The Board shall make rules concerning the conduct of | ||||||
| 2 | gaming from temporary facilities. | ||||||
| 3 | (Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18; | ||||||
| 4 | 101-31, eff. 6-28-19; revised 9-20-19.)
| ||||||
| 5 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
| 6 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
| 7 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
| 8 | gross
receipts received from gambling games authorized under | ||||||
| 9 | this Act at the rate of
20%.
| ||||||
| 10 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
| 11 | tax is
imposed on persons engaged in the business of conducting | ||||||
| 12 | riverboat gambling
operations, based on the adjusted gross | ||||||
| 13 | receipts received by a licensed owner
from gambling games | ||||||
| 14 | authorized under this Act at the following rates:
| ||||||
| 15 | 15% of annual adjusted gross receipts up to and | ||||||
| 16 | including $25,000,000;
| ||||||
| 17 | 20% of annual adjusted gross receipts in excess of | ||||||
| 18 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 19 | 25% of annual adjusted gross receipts in excess of | ||||||
| 20 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 21 | 30% of annual adjusted gross receipts in excess of | ||||||
| 22 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 23 | 35% of annual adjusted gross receipts in excess of | ||||||
| 24 | $100,000,000.
| ||||||
| 25 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
| |||||||
| |||||||
| 1 | is imposed on
persons engaged in the business of conducting | ||||||
| 2 | riverboat gambling operations,
other than licensed managers | ||||||
| 3 | conducting riverboat gambling operations on behalf
of the | ||||||
| 4 | State, based on the adjusted gross receipts received by a | ||||||
| 5 | licensed
owner from gambling games authorized under this Act at | ||||||
| 6 | the following rates:
| ||||||
| 7 | 15% of annual adjusted gross receipts up to and | ||||||
| 8 | including $25,000,000;
| ||||||
| 9 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 10 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 11 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 12 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 13 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 14 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 15 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 16 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
| 17 | 45% of annual adjusted gross receipts in excess of | ||||||
| 18 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
| 19 | 50% of annual adjusted gross receipts in excess of | ||||||
| 20 | $200,000,000.
| ||||||
| 21 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
| 22 | persons engaged
in the business of conducting riverboat | ||||||
| 23 | gambling operations, other than
licensed managers conducting | ||||||
| 24 | riverboat gambling operations on behalf of the
State, based on | ||||||
| 25 | the adjusted gross receipts received by a licensed owner from
| ||||||
| 26 | gambling games authorized under this Act at the following | ||||||
| |||||||
| |||||||
| 1 | rates:
| ||||||
| 2 | 15% of annual adjusted gross receipts up to and | ||||||
| 3 | including $25,000,000;
| ||||||
| 4 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 5 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
| 6 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 7 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
| 8 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 9 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 10 | 45% of annual adjusted gross receipts in excess of | ||||||
| 11 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 12 | 50% of annual adjusted gross receipts in excess of | ||||||
| 13 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
| 14 | 70% of annual adjusted gross receipts in excess of | ||||||
| 15 | $250,000,000.
| ||||||
| 16 | An amount equal to the amount of wagering taxes collected | ||||||
| 17 | under this
subsection (a-3) that are in addition to the amount | ||||||
| 18 | of wagering taxes that
would have been collected if the | ||||||
| 19 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
| 20 | be paid into the Common School Fund.
| ||||||
| 21 | The privilege tax imposed under this subsection (a-3) shall | ||||||
| 22 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
| 23 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
| 24 | gambling operations are conducted
pursuant to a dormant | ||||||
| 25 | license; or (iii) the first day that riverboat gambling
| ||||||
| 26 | operations are conducted under the authority of an owners | ||||||
| |||||||
| |||||||
| 1 | license that is in
addition to the 10 owners licenses initially | ||||||
| 2 | authorized under this Act.
For the purposes of this subsection | ||||||
| 3 | (a-3), the term "dormant license"
means an owners license that | ||||||
| 4 | is authorized by this Act under which no
riverboat gambling | ||||||
| 5 | operations are being conducted on June 20, 2003.
| ||||||
| 6 | (a-4) Beginning on the first day on which the tax imposed | ||||||
| 7 | under
subsection (a-3) is no longer imposed and ending upon the | ||||||
| 8 | imposition of the privilege tax under subsection (a-5) of this | ||||||
| 9 | Section, a privilege tax is imposed on persons
engaged in the | ||||||
| 10 | business of conducting gambling operations, other
than | ||||||
| 11 | licensed managers conducting riverboat gambling operations on | ||||||
| 12 | behalf of
the State, based on the adjusted gross receipts | ||||||
| 13 | received by a licensed owner
from gambling games authorized | ||||||
| 14 | under this Act at the following rates:
| ||||||
| 15 | 15% of annual adjusted gross receipts up to and | ||||||
| 16 | including $25,000,000;
| ||||||
| 17 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 18 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 19 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 20 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 21 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 22 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 23 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 24 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
| 25 | 45% of annual adjusted gross receipts in excess of | ||||||
| 26 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
| |||||||
| |||||||
| 1 | 50% of annual adjusted gross receipts in excess of | ||||||
| 2 | $200,000,000.
| ||||||
| 3 | For the imposition of the privilege tax in this subsection | ||||||
| 4 | (a-4), amounts paid pursuant to item (1) of subsection (b) of | ||||||
| 5 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
| 6 | be included in the determination of adjusted gross receipts. | ||||||
| 7 | (a-5) Beginning on the first day that an owners licensee | ||||||
| 8 | under paragraph (1), (2), (3), (4), (5), or (6) of subsection | ||||||
| 9 | (e-5) of Section 7 conducts gambling operations, either in a | ||||||
| 10 | temporary facility or a permanent facility, a privilege tax is | ||||||
| 11 | imposed on persons engaged in the business of conducting | ||||||
| 12 | gambling operations, other than licensed managers conducting | ||||||
| 13 | riverboat gambling operations on behalf of the State, based on | ||||||
| 14 | the adjusted gross receipts received by such licensee from the | ||||||
| 15 | gambling games authorized under this Act. The privilege tax for | ||||||
| 16 | all gambling games other than table games, including, but not | ||||||
| 17 | limited to, slot machines, video game of chance gambling, and | ||||||
| 18 | electronic gambling games shall be at the following rates: | ||||||
| 19 | 15% of annual adjusted gross receipts up to and | ||||||
| 20 | including $25,000,000; | ||||||
| 21 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 22 | $25,000,000 but not exceeding $50,000,000; | ||||||
| 23 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 24 | $50,000,000 but not exceeding $75,000,000; | ||||||
| 25 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 26 | $75,000,000 but not exceeding $100,000,000; | ||||||
| |||||||
| |||||||
| 1 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 2 | $100,000,000 but not exceeding $150,000,000; | ||||||
| 3 | 45% of annual adjusted gross receipts in excess of | ||||||
| 4 | $150,000,000 but not exceeding $200,000,000; | ||||||
| 5 | 50% of annual adjusted gross receipts in excess of | ||||||
| 6 | $200,000,000. | ||||||
| 7 | The privilege tax for table games shall be at the following | ||||||
| 8 | rates: | ||||||
| 9 | 15% of annual adjusted gross receipts up to and | ||||||
| 10 | including $25,000,000; | ||||||
| 11 | 20% of annual adjusted gross receipts in excess of | ||||||
| 12 | $25,000,000. | ||||||
| 13 | For the imposition of the privilege tax in this subsection | ||||||
| 14 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
| 15 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
| 16 | be included in the determination of adjusted gross receipts. | ||||||
| 17 | Notwithstanding the provisions of this subsection (a-5), | ||||||
| 18 | for the first 10 years that the privilege tax is imposed under | ||||||
| 19 | this subsection (a-5), the privilege tax shall be imposed on | ||||||
| 20 | the modified annual adjusted gross receipts of a riverboat or | ||||||
| 21 | casino conducting gambling operations in the City of East St. | ||||||
| 22 | Louis, unless: | ||||||
| 23 | (1) the riverboat or casino fails to employ at least | ||||||
| 24 | 450 people; | ||||||
| 25 | (2) the riverboat or casino fails to maintain | ||||||
| 26 | operations in a manner consistent with this Act or is not a | ||||||
| |||||||
| |||||||
| 1 | viable riverboat or casino subject to the approval of the | ||||||
| 2 | Board; or | ||||||
| 3 | (3) the owners licensee is not an entity in which | ||||||
| 4 | employees participate in an employee stock ownership plan. | ||||||
| 5 | As used in this subsection (a-5), "modified annual adjusted | ||||||
| 6 | gross receipts" means: | ||||||
| 7 | (A) for calendar year 2020, the annual adjusted gross | ||||||
| 8 | receipts for the current year minus the difference between | ||||||
| 9 | an amount equal to the average annual adjusted gross | ||||||
| 10 | receipts from a riverboat or casino conducting gambling | ||||||
| 11 | operations in the City of East St. Louis for 2014, 2015, | ||||||
| 12 | 2016, 2017, and 2018 and the annual adjusted gross receipts | ||||||
| 13 | for 2018; | ||||||
| 14 | (B) for calendar year 2021, the annual adjusted gross | ||||||
| 15 | receipts for the current year minus the difference between | ||||||
| 16 | an amount equal to the average annual adjusted gross | ||||||
| 17 | receipts from a riverboat or casino conducting gambling | ||||||
| 18 | operations in the City of East St. Louis for 2014, 2015, | ||||||
| 19 | 2016, 2017, and 2018 and the annual adjusted gross receipts | ||||||
| 20 | for 2019; and | ||||||
| 21 | (C) for calendar years 2022 through 2029, the annual | ||||||
| 22 | adjusted gross receipts for the current year minus the | ||||||
| 23 | difference between an amount equal to the average annual | ||||||
| 24 | adjusted gross receipts from a riverboat or casino | ||||||
| 25 | conducting gambling operations in the City of East St. | ||||||
| 26 | Louis for 3 years preceding the current year and the annual | ||||||
| |||||||
| |||||||
| 1 | adjusted gross receipts for the immediately preceding | ||||||
| 2 | year. | ||||||
| 3 | (a-5.5) In addition to the privilege tax imposed under | ||||||
| 4 | subsection (a-5), a privilege tax is imposed on the owners | ||||||
| 5 | licensee under paragraph (1) of subsection (e-5) of Section 7 | ||||||
| 6 | at the rate of one-third of the owners licensee's adjusted | ||||||
| 7 | gross receipts. | ||||||
| 8 | For the imposition of the privilege tax in this subsection | ||||||
| 9 | (a-5.5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
| 10 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
| 11 | be included in the determination of adjusted gross receipts. | ||||||
| 12 | (a-6) From June 28, 2019 (the effective date of Public Act | ||||||
| 13 | 101-31) this amendatory Act of the 101st General Assembly until | ||||||
| 14 | June 30, 2023, an owners licensee that conducted gambling | ||||||
| 15 | operations prior to January 1, 2011 shall receive a | ||||||
| 16 | dollar-for-dollar credit against the tax imposed under this | ||||||
| 17 | Section for any renovation or construction costs paid by the | ||||||
| 18 | owners licensee, but in no event shall the credit exceed | ||||||
| 19 | $2,000,000. | ||||||
| 20 | Additionally, from June 28, 2019 (the effective date of | ||||||
| 21 | Public Act 101-31) this amendatory Act of the 101st General | ||||||
| 22 | Assembly until December 31, 2022, an owners licensee that (i) | ||||||
| 23 | is located within 15 miles of the Missouri border, and (ii) has | ||||||
| 24 | at least 3 riverboats, casinos, or their equivalent within a | ||||||
| 25 | 45-mile radius, may be authorized to relocate to a new location | ||||||
| 26 | with the approval of both the unit of local government | ||||||
| |||||||
| |||||||
| 1 | designated as the home dock and the Board, so long as the new | ||||||
| 2 | location is within the same unit of local government and no | ||||||
| 3 | more than 3 miles away from its original location. Such owners | ||||||
| 4 | licensee shall receive a credit against the tax imposed under | ||||||
| 5 | this Section equal to 8% of the total project costs, as | ||||||
| 6 | approved by the Board, for any renovation or construction costs | ||||||
| 7 | paid by the owners licensee for the construction of the new | ||||||
| 8 | facility, provided that the new facility is operational by July | ||||||
| 9 | 1, 2022. In determining whether or not to approve a relocation, | ||||||
| 10 | the Board must consider the extent to which the relocation will | ||||||
| 11 | diminish the gaming revenues received by other Illinois gaming | ||||||
| 12 | facilities. | ||||||
| 13 | (a-7) Beginning in the initial adjustment year and through | ||||||
| 14 | the final adjustment year, if the total obligation imposed | ||||||
| 15 | pursuant to either subsection (a-5) or (a-6) will result in an | ||||||
| 16 | owners licensee receiving less after-tax adjusted gross | ||||||
| 17 | receipts than it received in calendar year 2018, then the total | ||||||
| 18 | amount of privilege taxes that the owners licensee is required | ||||||
| 19 | to pay for that calendar year shall be reduced to the extent | ||||||
| 20 | necessary so that the after-tax adjusted gross receipts in that | ||||||
| 21 | calendar year equals the after-tax adjusted gross receipts in | ||||||
| 22 | calendar year 2018, but the privilege tax reduction shall not | ||||||
| 23 | exceed the annual adjustment cap. If pursuant to this | ||||||
| 24 | subsection (a-7), the total obligation imposed pursuant to | ||||||
| 25 | either subsection (a-5) or (a-6) shall be reduced, then the | ||||||
| 26 | owners licensee shall not receive a refund from the State at | ||||||
| |||||||
| |||||||
| 1 | the end of the subject calendar year but instead shall be able | ||||||
| 2 | to apply that amount as a credit against any payments it owes | ||||||
| 3 | to the State in the following calendar year to satisfy its | ||||||
| 4 | total obligation under either subsection (a-5) or (a-6). The | ||||||
| 5 | credit for the final adjustment year shall occur in the | ||||||
| 6 | calendar year following the final adjustment year. | ||||||
| 7 | If an owners licensee that conducted gambling operations | ||||||
| 8 | prior to January 1, 2019 expands its riverboat or casino, | ||||||
| 9 | including, but not limited to, with respect to its gaming | ||||||
| 10 | floor, additional non-gaming amenities such as restaurants, | ||||||
| 11 | bars, and hotels and other additional facilities, and incurs | ||||||
| 12 | construction and other costs related to such expansion from | ||||||
| 13 | June 28, 2019 (the effective date of Public Act 101-31) this | ||||||
| 14 | amendatory Act of the 101st General Assembly until June 28, | ||||||
| 15 | 2024 (the 5th anniversary of the effective date of Public Act | ||||||
| 16 | 101-31) this amendatory Act of the 101st General Assembly, then | ||||||
| 17 | for each $15,000,000 spent for any such construction or other | ||||||
| 18 | costs related to expansion paid by the owners licensee, the | ||||||
| 19 | final adjustment year shall be extended by one year and the | ||||||
| 20 | annual adjustment cap shall increase by 0.2% of adjusted gross | ||||||
| 21 | receipts during each calendar year until and including the | ||||||
| 22 | final adjustment year. No further modifications to the final | ||||||
| 23 | adjustment year or annual adjustment cap shall be made after | ||||||
| 24 | $75,000,000 is incurred in construction or other costs related | ||||||
| 25 | to expansion so that the final adjustment year shall not extend | ||||||
| 26 | beyond the 9th calendar year after the initial adjustment year, | ||||||
| |||||||
| |||||||
| 1 | not including the initial adjustment year, and the annual | ||||||
| 2 | adjustment cap shall not exceed 4% of adjusted gross receipts | ||||||
| 3 | in a particular calendar year. Construction and other costs | ||||||
| 4 | related to expansion shall include all project related costs, | ||||||
| 5 | including, but not limited to, all hard and soft costs, | ||||||
| 6 | financing costs, on or off-site ground, road or utility work, | ||||||
| 7 | cost of gaming equipment and all other personal property, | ||||||
| 8 | initial fees assessed for each incremental gaming position, and | ||||||
| 9 | the cost of incremental land acquired for such expansion. Soft | ||||||
| 10 | costs shall include, but not be limited to, legal fees, | ||||||
| 11 | architect, engineering and design costs, other consultant | ||||||
| 12 | costs, insurance cost, permitting costs, and pre-opening costs | ||||||
| 13 | related to the expansion, including, but not limited to, any of | ||||||
| 14 | the following: marketing, real estate taxes, personnel, | ||||||
| 15 | training, travel and out-of-pocket expenses, supply, | ||||||
| 16 | inventory, and other costs, and any other project related soft | ||||||
| 17 | costs. | ||||||
| 18 | To be eligible for the tax credits in subsection (a-6), all | ||||||
| 19 | construction contracts shall include a requirement that the | ||||||
| 20 | contractor enter into a project labor agreement with the | ||||||
| 21 | building and construction trades council with geographic | ||||||
| 22 | jurisdiction of the location of the proposed gaming facility. | ||||||
| 23 | Notwithstanding any other provision of this subsection | ||||||
| 24 | (a-7), this subsection (a-7) does not apply to an owners | ||||||
| 25 | licensee unless such owners licensee spends at least | ||||||
| 26 | $15,000,000 on construction and other costs related to its | ||||||
| |||||||
| |||||||
| 1 | expansion, excluding the initial fees assessed for each | ||||||
| 2 | incremental gaming position. | ||||||
| 3 | This subsection (a-7) does not apply to owners licensees
| ||||||
| 4 | authorized pursuant to subsection (e-5) of Section 7 of this
| ||||||
| 5 | Act. | ||||||
| 6 | For purposes of this subsection (a-7): | ||||||
| 7 | "Building and construction trades council" means any | ||||||
| 8 | organization representing multiple construction entities that | ||||||
| 9 | are monitoring or attentive to compliance with public or | ||||||
| 10 | workers' safety laws, wage and hour requirements, or other | ||||||
| 11 | statutory requirements or that are making or maintaining | ||||||
| 12 | collective bargaining agreements. | ||||||
| 13 | "Initial adjustment year" means the year commencing on | ||||||
| 14 | January 1 of the calendar year immediately following the | ||||||
| 15 | earlier of the following: | ||||||
| 16 | (1) the commencement of gambling operations, either in | ||||||
| 17 | a temporary or permanent facility, with respect to the | ||||||
| 18 | owners license authorized under paragraph (1) of | ||||||
| 19 | subsection (e-5) of Section 7 of this Act; or | ||||||
| 20 | (2) June 28, 2021 (24 months after the effective date | ||||||
| 21 | of Public Act 101-31); this amendatory Act of the 101st | ||||||
| 22 | General Assembly, | ||||||
| 23 | provided the initial adjustment year shall not commence earlier | ||||||
| 24 | than June 28, 2020 (12 months after the effective date of | ||||||
| 25 | Public Act 101-31) this amendatory Act of the 101st General | ||||||
| 26 | Assembly. | ||||||
| |||||||
| |||||||
| 1 | "Final adjustment year" means the 2nd calendar year after | ||||||
| 2 | the initial adjustment year, not including the initial | ||||||
| 3 | adjustment year, and as may be extended further as described in | ||||||
| 4 | this subsection (a-7). | ||||||
| 5 | "Annual adjustment cap" means 3% of adjusted gross receipts | ||||||
| 6 | in a particular calendar year, and as may be increased further | ||||||
| 7 | as otherwise described in this subsection (a-7). | ||||||
| 8 | (a-8) Riverboat gambling operations conducted by a | ||||||
| 9 | licensed manager on
behalf of the State are not subject to the | ||||||
| 10 | tax imposed under this Section.
| ||||||
| 11 | (a-9) Beginning on January 1, 2020, the calculation of | ||||||
| 12 | gross receipts or adjusted gross receipts, for the purposes of | ||||||
| 13 | this Section, for a riverboat, a casino, or an organization | ||||||
| 14 | gaming facility shall not include the dollar amount of | ||||||
| 15 | non-cashable vouchers, coupons, and electronic promotions | ||||||
| 16 | redeemed by wagerers upon the riverboat, in the casino, or in | ||||||
| 17 | the organization gaming facility up to and including an amount | ||||||
| 18 | not to exceed 20% of a riverboat's, a casino's, or an | ||||||
| 19 | organization gaming facility's adjusted gross receipts. | ||||||
| 20 | The Illinois Gaming Board shall submit to the General | ||||||
| 21 | Assembly a comprehensive report no later than March 31, 2023 | ||||||
| 22 | detailing, at a minimum, the effect of removing non-cashable | ||||||
| 23 | vouchers, coupons, and electronic promotions from this | ||||||
| 24 | calculation on net gaming revenues to the State in calendar | ||||||
| 25 | years 2020 through 2022, the increase or reduction in wagerers | ||||||
| 26 | as a result of removing non-cashable vouchers, coupons, and | ||||||
| |||||||
| |||||||
| 1 | electronic promotions from this calculation, the effect of the | ||||||
| 2 | tax rates in subsection (a-5) on net gaming revenues to this | ||||||
| 3 | State, and proposed modifications to the calculation. | ||||||
| 4 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
| 5 | the licensed
owner or the organization gaming licensee to the | ||||||
| 6 | Board not later than 5:00 o'clock p.m. of the day after the day
| ||||||
| 7 | when the wagers were made.
| ||||||
| 8 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
| 9 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
| 10 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
| 11 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
| 12 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
| 13 | the payment of all amounts otherwise due under this Section, | ||||||
| 14 | pay to the Board a reconciliation payment in the amount, if | ||||||
| 15 | any, by which the licensed owner's base amount exceeds the | ||||||
| 16 | amount of net privilege tax paid by the licensed owner to the | ||||||
| 17 | Board in the then current State fiscal year. A licensed owner's | ||||||
| 18 | net privilege tax obligation due for the balance of the State | ||||||
| 19 | fiscal year shall be reduced up to the total of the amount paid | ||||||
| 20 | by the licensed owner in its June 15 reconciliation payment. | ||||||
| 21 | The obligation imposed by this subsection (a-15) is binding on | ||||||
| 22 | any person, firm, corporation, or other entity that acquires an | ||||||
| 23 | ownership interest in any such owners license. The obligation | ||||||
| 24 | imposed under this subsection (a-15) terminates on the earliest | ||||||
| 25 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
| 26 | date of this amendatory Act of the 94th General Assembly that | ||||||
| |||||||
| |||||||
| 1 | riverboat gambling operations are conducted pursuant to a | ||||||
| 2 | dormant license, (iii) the first day that riverboat gambling | ||||||
| 3 | operations are conducted under the authority of an owners | ||||||
| 4 | license that is in addition to the 10 owners licenses initially | ||||||
| 5 | authorized under this Act, or (iv) the first day that a | ||||||
| 6 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
| 7 | gaming operations with slot machines or other electronic gaming | ||||||
| 8 | devices. The Board must reduce the obligation imposed under | ||||||
| 9 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
| 10 | for any of the following reasons: (A) an act or acts of God, | ||||||
| 11 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
| 12 | terrorism threat that was investigated by a law enforcement | ||||||
| 13 | agency, or (C) a condition beyond the control of the owners | ||||||
| 14 | licensee that does not result from any act or omission by the | ||||||
| 15 | owners licensee or any of its agents and that poses a hazardous | ||||||
| 16 | threat to the health and safety of patrons. If an owners | ||||||
| 17 | licensee pays an amount in excess of its liability under this | ||||||
| 18 | Section, the Board shall apply the overpayment to future | ||||||
| 19 | payments required under this Section. | ||||||
| 20 | For purposes of this subsection (a-15): | ||||||
| 21 | "Act of God" means an incident caused by the operation of | ||||||
| 22 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
| 23 | avoided by the exercise of due care, and for which no person | ||||||
| 24 | can be held liable.
| ||||||
| 25 | "Base amount" means the following: | ||||||
| 26 | For a riverboat in Alton, $31,000,000.
| ||||||
| |||||||
| |||||||
| 1 | For a riverboat in East Peoria, $43,000,000.
| ||||||
| 2 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
| 3 | For a riverboat in Metropolis, $45,000,000.
| ||||||
| 4 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
| 5 | For a riverboat in Aurora, $86,000,000.
| ||||||
| 6 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
| 7 | For a riverboat in Elgin, $198,000,000.
| ||||||
| 8 | "Dormant license" has the meaning ascribed to it in | ||||||
| 9 | subsection (a-3).
| ||||||
| 10 | "Net privilege tax" means all privilege taxes paid by a | ||||||
| 11 | licensed owner to the Board under this Section, less all | ||||||
| 12 | payments made from the State Gaming Fund pursuant to subsection | ||||||
| 13 | (b) of this Section. | ||||||
| 14 | The changes made to this subsection (a-15) by Public Act | ||||||
| 15 | 94-839 are intended to restate and clarify the intent of Public | ||||||
| 16 | Act 94-673 with respect to the amount of the payments required | ||||||
| 17 | to be made under this subsection by an owners licensee to the | ||||||
| 18 | Board.
| ||||||
| 19 | (b) From the tax revenue from riverboat or casino gambling
| ||||||
| 20 | deposited in the State Gaming Fund under this Section, an | ||||||
| 21 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
| 22 | riverboat or a casino, other than a riverboat or casino | ||||||
| 23 | designated in paragraph (1), (3), or (4) of subsection (e-5) of | ||||||
| 24 | Section 7, shall be paid monthly, subject
to appropriation by | ||||||
| 25 | the General Assembly, to the unit of local government in which | ||||||
| 26 | the casino is located or that
is designated as the home dock of | ||||||
| |||||||
| |||||||
| 1 | the riverboat. Notwithstanding anything to the contrary, | ||||||
| 2 | beginning on the first day that an owners licensee under | ||||||
| 3 | paragraph (1), (2), (3), (4), (5), or (6) of subsection (e-5) | ||||||
| 4 | of Section 7 conducts gambling operations, either in a | ||||||
| 5 | temporary facility or a permanent facility, and for 2 years | ||||||
| 6 | thereafter, a unit of local government designated as the home | ||||||
| 7 | dock of a riverboat whose license was issued before January 1, | ||||||
| 8 | 2019, other than a riverboat conducting gambling operations in | ||||||
| 9 | the City of East St. Louis, shall not receive less under this | ||||||
| 10 | subsection (b) than the amount the unit of local government | ||||||
| 11 | received under this subsection (b) in calendar year 2018. | ||||||
| 12 | Notwithstanding anything to the contrary and because the City | ||||||
| 13 | of East St. Louis is a financially distressed city, beginning | ||||||
| 14 | on the first day that an owners licensee under paragraph (1), | ||||||
| 15 | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 | ||||||
| 16 | conducts gambling operations, either in a temporary facility or | ||||||
| 17 | a permanent facility, and for 10 years thereafter, a unit of | ||||||
| 18 | local government designated as the home dock of a riverboat | ||||||
| 19 | conducting gambling operations in the City of East St. Louis | ||||||
| 20 | shall not receive less under this subsection (b) than the | ||||||
| 21 | amount the unit of local government received under this | ||||||
| 22 | subsection (b) in calendar year 2018. | ||||||
| 23 | From the tax revenue
deposited in the State Gaming Fund | ||||||
| 24 | pursuant to riverboat or casino gambling operations
conducted | ||||||
| 25 | by a licensed manager on behalf of the State, an amount equal | ||||||
| 26 | to 5%
of adjusted gross receipts generated pursuant to those | ||||||
| |||||||
| |||||||
| 1 | riverboat or casino gambling
operations shall be paid monthly,
| ||||||
| 2 | subject to appropriation by the General Assembly, to the unit | ||||||
| 3 | of local
government that is designated as the home dock of the | ||||||
| 4 | riverboat upon which
those riverboat gambling operations are | ||||||
| 5 | conducted or in which the casino is located. | ||||||
| 6 | From the tax revenue from riverboat or casino gambling | ||||||
| 7 | deposited in the State Gaming Fund under this Section, an | ||||||
| 8 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
| 9 | a riverboat designated in paragraph (3) of subsection (e-5) of | ||||||
| 10 | Section 7 shall be divided and remitted monthly, subject to | ||||||
| 11 | appropriation, as follows: 70% to Waukegan, 10% to Park City, | ||||||
| 12 | 15% to North Chicago, and 5% to Lake County. | ||||||
| 13 | From the tax revenue from riverboat or casino gambling | ||||||
| 14 | deposited in the State Gaming Fund under this Section, an | ||||||
| 15 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
| 16 | a riverboat designated in paragraph (4) of subsection (e-5) of | ||||||
| 17 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
| 18 | as follows: 70% to the City of Rockford, 5% to the City of | ||||||
| 19 | Loves Park, 5% to the Village of Machesney, and 20% to | ||||||
| 20 | Winnebago County. | ||||||
| 21 | From the tax revenue from riverboat or casino gambling | ||||||
| 22 | deposited in the State Gaming Fund under this Section, an | ||||||
| 23 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
| 24 | a riverboat designated in paragraph (5) of subsection (e-5) of | ||||||
| 25 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
| 26 | as follows: 2% to the unit of local government in which the | ||||||
| |||||||
| |||||||
| 1 | riverboat or casino is located, and 3% shall be distributed: | ||||||
| 2 | (A) in accordance with a regional capital development plan | ||||||
| 3 | entered into by the following communities: Village of Beecher, | ||||||
| 4 | City of Blue Island, Village of Burnham, City of Calumet City, | ||||||
| 5 | Village of Calumet Park, City of Chicago Heights, City of | ||||||
| 6 | Country Club Hills, Village of Crestwood, Village of Crete, | ||||||
| 7 | Village of Dixmoor, Village of Dolton, Village of East Hazel | ||||||
| 8 | Crest, Village of Flossmoor, Village of Ford Heights, Village | ||||||
| 9 | of Glenwood, City of Harvey, Village of Hazel Crest, Village of | ||||||
| 10 | Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
| 11 | Markham, Village of Matteson, Village of Midlothian, Village of | ||||||
| 12 | Monee, City of Oak Forest, Village of Olympia Fields, Village | ||||||
| 13 | of Orland Hills, Village of Orland Park, City of Palos Heights, | ||||||
| 14 | Village of Park Forest, Village of Phoenix, Village of Posen, | ||||||
| 15 | Village of Richton Park, Village of Riverdale, Village of | ||||||
| 16 | Robbins, Village of Sauk Village, Village of South Chicago | ||||||
| 17 | Heights, Village of South Holland, Village of Steger, Village | ||||||
| 18 | of Thornton, Village of Tinley Park, Village of University Park | ||||||
| 19 | and Village of Worth; or (B) if no regional capital development | ||||||
| 20 | plan exists, equally among the communities listed in item (A) | ||||||
| 21 | to be used for capital expenditures or public pension payments, | ||||||
| 22 | or both. | ||||||
| 23 | Units of local government may refund any portion of the | ||||||
| 24 | payment that they receive pursuant to this subsection (b) to | ||||||
| 25 | the riverboat or casino.
| ||||||
| 26 | (b-4) Beginning on the first day the licensee under | ||||||
| |||||||
| |||||||
| 1 | paragraph (5) of subsection (e-5) of Section 7 conducts | ||||||
| 2 | gambling operations, either in a temporary facility or a | ||||||
| 3 | permanent facility, and ending on July 31, 2042, from the tax | ||||||
| 4 | revenue deposited in the State Gaming Fund under this Section, | ||||||
| 5 | $5,000,000 shall be paid annually, subject
to appropriation, to | ||||||
| 6 | the host municipality of that owners licensee of a license | ||||||
| 7 | issued or re-issued pursuant to Section
7.1 of this Act before | ||||||
| 8 | January 1, 2012. Payments received by the host municipality | ||||||
| 9 | pursuant to this subsection (b-4) may not be shared with any | ||||||
| 10 | other unit of local government. | ||||||
| 11 | (b-5) Beginning on June 28, 2019 (the effective date of | ||||||
| 12 | Public Act 101-31) this amendatory Act of the 101st General | ||||||
| 13 | Assembly, from the tax revenue
deposited in the State Gaming | ||||||
| 14 | Fund under this Section, an amount equal to 3% of
adjusted | ||||||
| 15 | gross receipts generated by each organization gaming facility | ||||||
| 16 | located outside Madison County shall be paid monthly, subject
| ||||||
| 17 | to appropriation by the General Assembly, to a municipality | ||||||
| 18 | other than the Village of Stickney in which each organization | ||||||
| 19 | gaming facility is located or, if the organization gaming | ||||||
| 20 | facility is not located within a municipality, to the county in | ||||||
| 21 | which the organization gaming facility is located, except as | ||||||
| 22 | otherwise provided in this Section. From the tax revenue | ||||||
| 23 | deposited in the State Gaming Fund under this Section, an | ||||||
| 24 | amount equal to 3% of adjusted gross receipts generated by an | ||||||
| 25 | organization gaming facility located in the Village of Stickney | ||||||
| 26 | shall be paid monthly, subject to appropriation by the General | ||||||
| |||||||
| |||||||
| 1 | Assembly, as follows: 25% to the Village of Stickney, 5% to the | ||||||
| 2 | City of Berwyn, 50% to the Town of Cicero, and 20% to the | ||||||
| 3 | Stickney Public Health District. | ||||||
| 4 | From the tax revenue deposited in the State Gaming Fund | ||||||
| 5 | under this Section, an amount equal to 5% of adjusted gross | ||||||
| 6 | receipts generated by an organization gaming facility located | ||||||
| 7 | in the City of Collinsville shall be paid monthly, subject to | ||||||
| 8 | appropriation by the General Assembly, as follows: 30% to the | ||||||
| 9 | City of Alton, 30% to the City of East St. Louis, and 40% to the | ||||||
| 10 | City of Collinsville. | ||||||
| 11 | Municipalities and counties may refund any portion of the | ||||||
| 12 | payment that they receive pursuant to this subsection (b-5) to | ||||||
| 13 | the organization gaming facility. | ||||||
| 14 | (b-6) Beginning on June 28, 2019 (the effective date of | ||||||
| 15 | Public Act 101-31) this amendatory Act of the 101st General | ||||||
| 16 | Assembly, from the tax revenue deposited in the State Gaming | ||||||
| 17 | Fund under this Section, an amount equal to 2% of adjusted | ||||||
| 18 | gross receipts generated by an organization gaming facility | ||||||
| 19 | located outside Madison County shall be paid monthly, subject | ||||||
| 20 | to appropriation by the General Assembly, to the county in | ||||||
| 21 | which the organization gaming facility is located for the | ||||||
| 22 | purposes of its criminal justice system or health care system. | ||||||
| 23 | Counties may refund any portion of the payment that they | ||||||
| 24 | receive pursuant to this subsection (b-6) to the organization | ||||||
| 25 | gaming facility. | ||||||
| 26 | (b-7) From the tax revenue from the organization gaming | ||||||
| |||||||
| |||||||
| 1 | licensee located in one of the following townships of Cook | ||||||
| 2 | County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or | ||||||
| 3 | Worth, an amount equal to 5% of the adjusted gross receipts | ||||||
| 4 | generated by that organization gaming licensee shall be | ||||||
| 5 | remitted monthly, subject to appropriation, as follows: 2% to | ||||||
| 6 | the unit of local government in which the organization gaming | ||||||
| 7 | licensee is located, and 3% shall be distributed: (A) in | ||||||
| 8 | accordance with a regional capital development plan entered | ||||||
| 9 | into by the following communities: Village of Beecher, City of | ||||||
| 10 | Blue Island, Village of Burnham, City of Calumet City, Village | ||||||
| 11 | of Calumet Park, City of Chicago Heights, City of Country Club | ||||||
| 12 | Hills, Village of Crestwood, Village of Crete, Village of | ||||||
| 13 | Dixmoor, Village of Dolton, Village of East Hazel Crest, | ||||||
| 14 | Village of Flossmoor, Village of Ford Heights, Village of | ||||||
| 15 | Glenwood, City of Harvey, Village of Hazel Crest, Village of | ||||||
| 16 | Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
| 17 | Markham, Village of Matteson, Village of Midlothian, Village of | ||||||
| 18 | Monee, City of Oak Forest, Village of Olympia Fields, Village | ||||||
| 19 | of Orland Hills, Village of Orland Park, City of Palos Heights, | ||||||
| 20 | Village of Park Forest, Village of Phoenix, Village of Posen, | ||||||
| 21 | Village of Richton Park, Village of Riverdale, Village of | ||||||
| 22 | Robbins, Village of Sauk Village, Village of South Chicago | ||||||
| 23 | Heights, Village of South Holland, Village of Steger, Village | ||||||
| 24 | of Thornton, Village of Tinley Park, Village of University | ||||||
| 25 | Park, and Village of Worth; or (B) if no regional capital | ||||||
| 26 | development plan exists, equally among the communities listed | ||||||
| |||||||
| |||||||
| 1 | in item (A) to be used for capital expenditures or public | ||||||
| 2 | pension payments, or both. | ||||||
| 3 | (b-8) In lieu of the payments under subsection (b) of this | ||||||
| 4 | Section, the tax revenue from the privilege tax imposed by | ||||||
| 5 | subsection (a-5.5) shall be paid monthly, subject
to | ||||||
| 6 | appropriation by the General Assembly, to the City of Chicago | ||||||
| 7 | and shall be expended or obligated by the City of Chicago for | ||||||
| 8 | pension payments in accordance with Public Act 99-506. | ||||||
| 9 | (c) Appropriations, as approved by the General Assembly, | ||||||
| 10 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
| 11 | administration and enforcement of this Act and the Video Gaming | ||||||
| 12 | Act, (ii) for distribution to the Department of State Police | ||||||
| 13 | and to the Department of Revenue for the enforcement of this | ||||||
| 14 | Act, and the Video Gaming Act, and (iii) to the
Department of | ||||||
| 15 | Human Services for the administration of programs to treat
| ||||||
| 16 | problem gambling, including problem gambling from sports | ||||||
| 17 | wagering. The Board's annual appropriations request must | ||||||
| 18 | separately state its funding needs for the regulation of gaming | ||||||
| 19 | authorized under Section 7.7, riverboat gaming, casino gaming, | ||||||
| 20 | video gaming, and sports wagering.
| ||||||
| 21 | (c-2) An amount equal to 2% of the adjusted gross receipts | ||||||
| 22 | generated by an organization gaming facility located within a | ||||||
| 23 | home rule county with a population of over 3,000,000 | ||||||
| 24 | inhabitants shall be paid, subject to appropriation
from the | ||||||
| 25 | General Assembly, from the State Gaming Fund to the home rule
| ||||||
| 26 | county in which the organization gaming licensee is located for | ||||||
| |||||||
| |||||||
| 1 | the purpose of
enhancing the county's criminal justice system. | ||||||
| 2 | (c-3) Appropriations, as approved by the General Assembly, | ||||||
| 3 | may be made from the tax revenue deposited into the State | ||||||
| 4 | Gaming Fund from organization gaming licensees pursuant to this | ||||||
| 5 | Section for the administration and enforcement of this Act.
| ||||||
| 6 | (c-4) After payments required under subsections (b), | ||||||
| 7 | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from | ||||||
| 8 | the tax revenue from organization gaming licensees deposited | ||||||
| 9 | into the State Gaming Fund under this Section, all remaining | ||||||
| 10 | amounts from organization gaming licensees shall be | ||||||
| 11 | transferred into the Capital Projects Fund. | ||||||
| 12 | (c-5) (Blank).
| ||||||
| 13 | (c-10) Each year the General Assembly shall appropriate | ||||||
| 14 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
| 15 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
| 16 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
| 17 | (c-15) After the payments required under subsections (b), | ||||||
| 18 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
| 19 | adjusted gross receipts of (1)
an owners licensee that | ||||||
| 20 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
| 21 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
| 22 | license that is initially issued after June 25, 1999,
or (3) | ||||||
| 23 | the first
riverboat gambling operations conducted by a licensed | ||||||
| 24 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
| 25 | comes first, shall be paid, subject to appropriation
from the | ||||||
| 26 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
| |||||||
| |||||||
| 1 | county with a population of over 3,000,000 inhabitants for the | ||||||
| 2 | purpose of
enhancing the county's criminal justice system.
| ||||||
| 3 | (c-20) Each year the General Assembly shall appropriate | ||||||
| 4 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
| 5 | an amount equal to the amount
paid to each home rule county | ||||||
| 6 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
| 7 | subsection (c-15) in the prior calendar year.
| ||||||
| 8 | (c-21) After the payments required under subsections (b), | ||||||
| 9 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have | ||||||
| 10 | been made, an amount equal to 2% of the adjusted gross receipts | ||||||
| 11 | generated by the owners licensee under paragraph (1) of | ||||||
| 12 | subsection (e-5) of Section 7 shall be paid, subject to | ||||||
| 13 | appropriation
from the General Assembly, from the State Gaming | ||||||
| 14 | Fund to the home rule
county in which the owners licensee is | ||||||
| 15 | located for the purpose of
enhancing the county's criminal | ||||||
| 16 | justice system. | ||||||
| 17 | (c-22) After the payments required under subsections (b), | ||||||
| 18 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and | ||||||
| 19 | (c-21) have been made, an amount equal to 2% of the adjusted | ||||||
| 20 | gross receipts generated by the owners licensee under paragraph | ||||||
| 21 | (5) of subsection (e-5) of Section 7 shall be paid, subject to | ||||||
| 22 | appropriation
from the General Assembly, from the State Gaming | ||||||
| 23 | Fund to the home rule
county in which the owners licensee is | ||||||
| 24 | located for the purpose of
enhancing the county's criminal | ||||||
| 25 | justice system. | ||||||
| 26 | (c-25) From July 1, 2013 and each July 1 thereafter through | ||||||
| |||||||
| |||||||
| 1 | July 1, 2019, $1,600,000 shall be transferred from the State | ||||||
| 2 | Gaming Fund to the Chicago State University Education | ||||||
| 3 | Improvement Fund.
| ||||||
| 4 | On July 1, 2020 and each July 1 thereafter, $3,000,000 | ||||||
| 5 | shall be transferred from the State Gaming Fund to the Chicago | ||||||
| 6 | State University Education Improvement Fund. | ||||||
| 7 | (c-30) On July 1, 2013 or as soon as possible thereafter, | ||||||
| 8 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
| 9 | the School Infrastructure Fund and $23,000,000 shall be | ||||||
| 10 | transferred from the State Gaming Fund to the Horse Racing | ||||||
| 11 | Equity Fund. | ||||||
| 12 | (c-35) Beginning on July 1, 2013, in addition to any amount | ||||||
| 13 | transferred under subsection (c-30) of this Section, | ||||||
| 14 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
| 15 | Fund to the School Infrastructure Fund. | ||||||
| 16 | (d) From time to time, the
Board shall transfer the | ||||||
| 17 | remainder of the funds
generated by this Act into the Education
| ||||||
| 18 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
| 19 | Illinois.
| ||||||
| 20 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
| 21 | government
designated as the home dock of the riverboat from | ||||||
| 22 | entering into agreements
with other units of local government | ||||||
| 23 | in this State or in other states to
share its portion of the | ||||||
| 24 | tax revenue.
| ||||||
| 25 | (f) To the extent practicable, the Board shall administer | ||||||
| 26 | and collect the
wagering taxes imposed by this Section in a | ||||||
| |||||||
| |||||||
| 1 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
| 2 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
| 3 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
| 4 | Penalty and Interest Act.
| ||||||
| 5 | (Source: P.A. 101-31, Article 25, Section 25-910, eff. 6-28-19; | ||||||
| 6 | 101-31, Article 35, Section 35-55, eff. 6-28-19; revised | ||||||
| 7 | 8-23-19.)
| ||||||
| 8 | Section 505. The Raffles and Poker Runs Act is amended by | ||||||
| 9 | changing Sections 1, 2, 3, and 8.1 as follows:
| ||||||
| 10 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| ||||||
| 11 | Sec. 1. Definitions. For the purposes of this Act the terms | ||||||
| 12 | defined
in this Section have the meanings given them.
| ||||||
| 13 | "Key location" means: | ||||||
| 14 | (1) For a poker run, the location where the poker run | ||||||
| 15 | concludes and the prizes are awarded. | ||||||
| 16 | (2) For a raffle, the location where the winning | ||||||
| 17 | chances in the raffle are determined. | ||||||
| 18 | "Law enforcement agency" means an agency of this State or a | ||||||
| 19 | unit of local government in this State that is vested by law or | ||||||
| 20 | ordinance with the duty to maintain public order and to enforce | ||||||
| 21 | criminal laws or ordinances. | ||||||
| 22 | "Net proceeds" means the gross receipts from the conduct of | ||||||
| 23 | raffles, less
reasonable sums expended for prizes, local | ||||||
| 24 | license fees and other
operating expenses incurred as a result | ||||||
| |||||||
| |||||||
| 1 | of operating a raffle or poker run.
| ||||||
| 2 | "Poker run" means a prize-awarding event organized by an | ||||||
| 3 | organization licensed under this Act in which participants | ||||||
| 4 | travel to multiple predetermined locations, including a key | ||||||
| 5 | location, to play a randomized game based on an element of | ||||||
| 6 | chance. "Poker run" includes dice runs, marble runs, or other | ||||||
| 7 | events where the objective is to build the best hand or highest | ||||||
| 8 | score by obtaining an item or playing a randomized game at each | ||||||
| 9 | location. | ||||||
| 10 | "Raffle" means a form of lottery, as defined in subsection | ||||||
| 11 | (b) of Section 28-2 of the
Criminal Code of 2012, conducted by | ||||||
| 12 | an organization licensed under this Act, in which:
| ||||||
| 13 | (1) the player pays or agrees to pay something of value | ||||||
| 14 | for a chance,
represented and differentiated by a number or | ||||||
| 15 | by a combination of numbers
or by some other medium, one or | ||||||
| 16 | more of which chances is to be designated
the winning | ||||||
| 17 | chance; and
| ||||||
| 18 | (2) the winning chance is to be determined through a | ||||||
| 19 | drawing or by some
other method based on an element of | ||||||
| 20 | chance by an act or set of acts on the
part of persons | ||||||
| 21 | conducting or connected with the lottery, except that the
| ||||||
| 22 | winning chance shall not be determined by the outcome of a | ||||||
| 23 | publicly exhibited
sporting contest.
| ||||||
| 24 | "Raffle" does not include any game designed to simulate: | ||||||
| 25 | (1) gambling games as defined in the Illinois Riverboat | ||||||
| 26 | Gambling Act, (2) any casino game approved for play by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Gaming Board, (3) any games provided by a video gaming | ||||||
| 2 | terminal, as defined in the Video Gaming Act, or (4) a savings | ||||||
| 3 | promotion raffle authorized under Section 5g of the Illinois | ||||||
| 4 | Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 | ||||||
| 5 | of the Illinois Credit Union Act, Section 5136B of the National | ||||||
| 6 | Bank Act, or Section 4 of the Home Owners' Loan Act. | ||||||
| 7 | (Source: P.A. 101-109, eff. 7-19-19; revised 12-9-19.)
| ||||||
| 8 | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| ||||||
| 9 | Sec. 2. Licensing. | ||||||
| 10 | (a) The governing body of any county or municipality
within | ||||||
| 11 | this State may establish a system for the licensing of | ||||||
| 12 | organizations
to operate raffles. The governing bodies of a | ||||||
| 13 | county and one or more
municipalities may, pursuant to a | ||||||
| 14 | written contract, jointly establish a
system for the licensing | ||||||
| 15 | of organizations to operate raffles within any
area of | ||||||
| 16 | contiguous territory not contained within the corporate limits | ||||||
| 17 | of a
municipality which is not a party to such contract. The | ||||||
| 18 | governing bodies
of two or more adjacent counties or two or | ||||||
| 19 | more adjacent municipalities
located within a county may, | ||||||
| 20 | pursuant to a written contract, jointly
establish a system for | ||||||
| 21 | the licensing of organizations to operate raffles
within the | ||||||
| 22 | corporate limits of such counties or municipalities. The
| ||||||
| 23 | licensing authority may establish special categories of | ||||||
| 24 | licenses and
promulgate rules relating to the various | ||||||
| 25 | categories. The licensing system
shall provide for limitations | ||||||
| |||||||
| |||||||
| 1 | upon (1) the aggregate retail value of all
prizes or | ||||||
| 2 | merchandise awarded by a licensee in a single raffle, if any, | ||||||
| 3 | (2) the
maximum retail value of each prize awarded by a | ||||||
| 4 | licensee in a single raffle, if any,
(3) the maximum price | ||||||
| 5 | which may be charged for each raffle chance issued
or sold, if | ||||||
| 6 | any, and (4) the maximum number of days during which chances | ||||||
| 7 | may be issued
or sold, if any. The licensing system may include | ||||||
| 8 | a fee for each license in an
amount to be determined by the | ||||||
| 9 | local governing body. Licenses issued pursuant
to this Act | ||||||
| 10 | shall be valid for one raffle or for a specified number of
| ||||||
| 11 | raffles to be conducted during a specified period not to exceed | ||||||
| 12 | one year
and may be suspended or revoked
for any violation of | ||||||
| 13 | this Act. A local governing body shall act on a license
| ||||||
| 14 | application within 30 days from the date of application. A | ||||||
| 15 | county or municipality may adopt
rules or ordinances for the | ||||||
| 16 | operation of raffles that are consistent with this Act. Raffles | ||||||
| 17 | shall be licensed by the governing body of the municipality | ||||||
| 18 | with jurisdiction over the key location or, if no municipality | ||||||
| 19 | has jurisdiction over the key location, then by the governing | ||||||
| 20 | body of the county with jurisdiction over the key location. A | ||||||
| 21 | license shall authorize the holder of such license to sell | ||||||
| 22 | raffle chances throughout the State, including beyond the | ||||||
| 23 | borders of the licensing municipality or county.
| ||||||
| 24 | (a-5) The governing body of Cook County may and any other | ||||||
| 25 | county within this State shall establish a system for the | ||||||
| 26 | licensing of organizations to operate poker runs. The governing | ||||||
| |||||||
| |||||||
| 1 | bodies of 2 or more adjacent counties may, pursuant to a | ||||||
| 2 | written contract, jointly establish a system for the licensing | ||||||
| 3 | of organizations to operate poker runs within the corporate | ||||||
| 4 | limits of such counties. The licensing authority may establish | ||||||
| 5 | special categories of licenses and adopt rules relating to the | ||||||
| 6 | various categories. The licensing system may include a fee not | ||||||
| 7 | to exceed $25 for each license. Licenses issued pursuant to | ||||||
| 8 | this Act shall be valid for one poker run or for a specified | ||||||
| 9 | number of poker runs to be conducted during a specified period | ||||||
| 10 | not to exceed one year and may be suspended or revoked for any | ||||||
| 11 | violation of this Act. A local governing body shall act on a | ||||||
| 12 | license application within 30 days after the date of | ||||||
| 13 | application. | ||||||
| 14 | (b) Raffle licenses shall be issued only to bona fide | ||||||
| 15 | religious, charitable,
labor, business, fraternal, | ||||||
| 16 | educational, veterans', or other bona fide not-for-profit | ||||||
| 17 | organizations that
operate without profit to their members and | ||||||
| 18 | which have been in existence
continuously for a period of 5 | ||||||
| 19 | years immediately before making application
for a raffle | ||||||
| 20 | license and which have during that entire 5-year period been | ||||||
| 21 | engaged in carrying out their objects, or to a non-profit
| ||||||
| 22 | fundraising organization that the licensing authority | ||||||
| 23 | determines is
organized for the sole purpose of providing | ||||||
| 24 | financial assistance to an
identified individual or group of | ||||||
| 25 | individuals suffering extreme financial
hardship as the result | ||||||
| 26 | of an illness, disability, accident, or disaster, or to any law | ||||||
| |||||||
| |||||||
| 1 | enforcement agencies and associations that represent law | ||||||
| 2 | enforcement officials. Poker run licenses shall be issued only | ||||||
| 3 | to bona fide religious, charitable, labor, business, | ||||||
| 4 | fraternal, educational, veterans', or other bona fide | ||||||
| 5 | not-for-profit organizations that operate without profit to | ||||||
| 6 | their members and which have been in existence continuously for | ||||||
| 7 | a period of 5 years immediately before making application for a | ||||||
| 8 | poker run license and which have during that entire 5-year | ||||||
| 9 | period been engaged in carrying out their objects. Licenses for | ||||||
| 10 | poker runs shall be issued for the following purposes: (i) | ||||||
| 11 | providing financial assistance to an identified individual or | ||||||
| 12 | group of individuals suffering extreme financial hardship as | ||||||
| 13 | the result of an illness, disability, accident, or disaster or | ||||||
| 14 | (ii) to maintain the financial stability of the organization. A | ||||||
| 15 | licensing authority may waive the 5-year requirement under this | ||||||
| 16 | subsection (b) for a bona fide religious, charitable, labor, | ||||||
| 17 | business, fraternal, educational, or veterans' organization | ||||||
| 18 | that applies for a license to conduct a raffle or a poker run | ||||||
| 19 | if the organization is a local organization that is affiliated | ||||||
| 20 | with and chartered by a national or State organization that | ||||||
| 21 | meets the 5-year requirement.
| ||||||
| 22 | For purposes of this Act, the following definitions apply. | ||||||
| 23 | Non-profit:
An organization or institution organized and | ||||||
| 24 | conducted on a not-for-profit
basis with no personal profit | ||||||
| 25 | inuring to any one as a result of the operation.
Charitable: An | ||||||
| 26 | organization or institution organized and operated to benefit
| ||||||
| |||||||
| |||||||
| 1 | an indefinite number of the public. The service rendered to | ||||||
| 2 | those eligible
for benefits must also confer some benefit on | ||||||
| 3 | the public. Educational:
An organization or institution | ||||||
| 4 | organized and operated to provide systematic
instruction in | ||||||
| 5 | useful branches of learning by methods common to schools
and | ||||||
| 6 | institutions of learning which compare favorably in their scope | ||||||
| 7 | and
intensity with the course of study presented in | ||||||
| 8 | tax-supported schools.
Religious: Any church, congregation, | ||||||
| 9 | society, or organization founded for
the purpose of religious | ||||||
| 10 | worship. Fraternal: An organization of persons
having a common | ||||||
| 11 | interest, the primary interest of which is to both promote
the | ||||||
| 12 | welfare of its members and to provide assistance to the general | ||||||
| 13 | public
in such a way as to lessen the burdens of government by | ||||||
| 14 | caring for those
that otherwise would be cared for by the | ||||||
| 15 | government. Veterans: An organization
or association comprised | ||||||
| 16 | of members of which substantially all are individuals
who are | ||||||
| 17 | veterans or spouses, widows, or widowers of veterans, the | ||||||
| 18 | primary
purpose of which is to promote the welfare of its | ||||||
| 19 | members and to provide
assistance to the general public in such | ||||||
| 20 | a way as to confer a public benefit.
Labor: An organization | ||||||
| 21 | composed of workers organized with the objective
of betterment | ||||||
| 22 | of the conditions of those engaged in such pursuit and the
| ||||||
| 23 | development of a higher degree of efficiency in their | ||||||
| 24 | respective occupations.
Business: A voluntary organization | ||||||
| 25 | composed of individuals and businesses
who have joined together | ||||||
| 26 | to advance the commercial, financial, industrial
and civic | ||||||
| |||||||
| |||||||
| 1 | interests of a community.
| ||||||
| 2 | (Source: P.A. 100-201, eff. 8-18-17; 101-109, eff. 7-19-19; | ||||||
| 3 | 101-360, eff. 1-1-20; revised 9-9-19.)
| ||||||
| 4 | (230 ILCS 15/3) (from Ch. 85, par. 2303)
| ||||||
| 5 | Sec. 3. License; application; issuance; restrictions; | ||||||
| 6 | persons ineligible. Licenses issued by the governing body of | ||||||
| 7 | any county or municipality are
subject to the following | ||||||
| 8 | restrictions:
| ||||||
| 9 | (1) No person, firm, or corporation shall conduct | ||||||
| 10 | raffles or chances or poker runs without
having first | ||||||
| 11 | obtained a license therefor pursuant to this Act.
| ||||||
| 12 | (2) The license and application for license must | ||||||
| 13 | specify the location or locations at which winning chances | ||||||
| 14 | in the raffle will be determined,
the time period during | ||||||
| 15 | which raffle chances will be sold or issued or a poker run | ||||||
| 16 | will be conducted, the
time or times of determination of | ||||||
| 17 | winning chances, and the location or locations at
which | ||||||
| 18 | winning chances will be determined.
| ||||||
| 19 | (3) The license application must contain a sworn | ||||||
| 20 | statement attesting to
the not-for-profit character of the | ||||||
| 21 | prospective licensee organization, signed
by the presiding | ||||||
| 22 | officer and the secretary of that organization.
| ||||||
| 23 | (4) The application for license shall be prepared in | ||||||
| 24 | accordance with the
ordinance of the local governmental | ||||||
| 25 | unit.
| ||||||
| |||||||
| |||||||
| 1 | (5) A license authorizes the licensee to conduct | ||||||
| 2 | raffles or poker runs as defined in
this Act.
| ||||||
| 3 | The following are ineligible for any license under this | ||||||
| 4 | Act:
| ||||||
| 5 | (a) any person whose felony conviction will impair the | ||||||
| 6 | person's ability to engage in the licensed position;
| ||||||
| 7 | (b) any person who is or has been a professional | ||||||
| 8 | gambler or professional gambling promoter;
| ||||||
| 9 | (c) any person who is not of good moral character;
| ||||||
| 10 | (d) any organization in which a person defined in item | ||||||
| 11 | (a), (b), or (c)
has a proprietary, equitable, or credit | ||||||
| 12 | interest, or in which such a person
is active or employed;
| ||||||
| 13 | (e) any organization in which a person defined in item | ||||||
| 14 | (a), (b), or (c) is an
officer, director, or employee, | ||||||
| 15 | whether compensated or not; and
| ||||||
| 16 | (f) any organization in which a person defined in item | ||||||
| 17 | (a), (b), or (c) is to
participate in the management or | ||||||
| 18 | operation of a raffle as defined in this Act.
| ||||||
| 19 | (Source: P.A. 100-286, eff. 1-1-18; 101-109, eff. 7-19-19; | ||||||
| 20 | revised 9-20-19.)
| ||||||
| 21 | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
| ||||||
| 22 | Sec. 8.1. Political committees. | ||||||
| 23 | (a) For the purposes of this Section,
the terms defined in | ||||||
| 24 | this subsection have the meanings given them.
| ||||||
| 25 | "Net proceeds" means the gross receipts from the conduct of | ||||||
| |||||||
| |||||||
| 1 | raffles, less
reasonable sums expended for prizes, license | ||||||
| 2 | fees, and other reasonable
operating expenses incurred as a | ||||||
| 3 | result of operating a raffle.
| ||||||
| 4 | "Raffle" means a form of lottery, as defined in Section | ||||||
| 5 | 28-2(b) of the
Criminal Code of 2012, conducted by a political | ||||||
| 6 | committee licensed under
this Section, in which:
| ||||||
| 7 | (1) the player pays or agrees to pay something of value | ||||||
| 8 | for a chance,
represented and differentiated by a number or | ||||||
| 9 | by a combination of numbers
or by some other medium, one or | ||||||
| 10 | more of which chances are is to be designated
the winning | ||||||
| 11 | chance; and
| ||||||
| 12 | (2) the winning chance is to be determined through a | ||||||
| 13 | drawing or by some
other method based on an element of | ||||||
| 14 | chance by an act or set of acts on the
part of persons | ||||||
| 15 | conducting or connected with the lottery, except that the
| ||||||
| 16 | winning chance shall not be determined by the outcome of a | ||||||
| 17 | publicly exhibited
sporting contest.
| ||||||
| 18 | "Unresolved claim" means a claim for a civil penalty under | ||||||
| 19 | Sections
9-3, 9-10, and 9-23
of the Election Code which has | ||||||
| 20 | been begun by the State Board of Elections,
has been disputed | ||||||
| 21 | by the political committee under the applicable rules of
the | ||||||
| 22 | State Board of Elections, and has not been finally decided | ||||||
| 23 | either by
the State Board of Elections, or, where application | ||||||
| 24 | for review has been
made to the courts of Illinois, remains | ||||||
| 25 | finally undecided by the courts.
| ||||||
| 26 | "Owes" means that a political committee has been finally | ||||||
| |||||||
| |||||||
| 1 | determined under
applicable rules of the State Board of | ||||||
| 2 | Elections to be liable for a civil
penalty under Sections
9-3, | ||||||
| 3 | 9-10, and 9-23 of the Election
Code.
| ||||||
| 4 | (b) Licenses issued pursuant to this Section shall be valid | ||||||
| 5 | for one
raffle or for a specified number of raffles to be | ||||||
| 6 | conducted during a
specified period not to exceed one year and | ||||||
| 7 | may be suspended or revoked for
any violation of this Section. | ||||||
| 8 | The State Board of Elections shall act on a
license application | ||||||
| 9 | within 30 days from the date of application.
| ||||||
| 10 | (c) Licenses issued by the State Board of Elections are
| ||||||
| 11 | subject to the following restrictions:
| ||||||
| 12 | (1) No political committee shall conduct raffles or | ||||||
| 13 | chances without
having first obtained a license therefor | ||||||
| 14 | pursuant to this Section.
| ||||||
| 15 | (2) The application for license shall be prepared in | ||||||
| 16 | accordance with
regulations of the State Board of Elections
| ||||||
| 17 | and must specify the area or
areas within the State in | ||||||
| 18 | which raffle chances will be sold or issued, the
time | ||||||
| 19 | period during which raffle chances will be sold or issued, | ||||||
| 20 | the time of
determination of winning chances, and the | ||||||
| 21 | location or locations at which
winning chances will be | ||||||
| 22 | determined.
| ||||||
| 23 | (3) A license authorizes the licensee to conduct | ||||||
| 24 | raffles as defined in
this Section.
| ||||||
| 25 | The following are ineligible for any license under this | ||||||
| 26 | Section:
| ||||||
| |||||||
| |||||||
| 1 | (i) any political committee which has an officer | ||||||
| 2 | who has been
convicted of a felony;
| ||||||
| 3 | (ii) any political committee which has an officer | ||||||
| 4 | who is or has been a
professional gambler or gambling | ||||||
| 5 | promoter;
| ||||||
| 6 | (iii) any political committee which has an officer | ||||||
| 7 | who is not of good
moral character;
| ||||||
| 8 | (iv) any political committee which has an officer | ||||||
| 9 | who is also an officer
of a firm or corporation in | ||||||
| 10 | which a person defined in item (i), (ii), or (iii)
has | ||||||
| 11 | a proprietary, equitable, or credit interest, or in | ||||||
| 12 | which such a person
is active or employed;
| ||||||
| 13 | (v) any political committee in which a person | ||||||
| 14 | defined in item (i), (ii), or
(iii) is an officer, | ||||||
| 15 | director, or employee, whether compensated or not;
| ||||||
| 16 | (vi) any political committee in which a person | ||||||
| 17 | defined in item (i), (ii), or
(iii) is to participate | ||||||
| 18 | in the management or operation of a raffle as
defined | ||||||
| 19 | in this Section;
| ||||||
| 20 | (vii) any committee which, at the time of its | ||||||
| 21 | application for a
license to conduct a raffle, owes the | ||||||
| 22 | State Board of Elections any unpaid
civil penalty | ||||||
| 23 | authorized by Sections
9-3, 9-10, and 9-23 of
the | ||||||
| 24 | Election Code, or is the
subject of an unresolved claim | ||||||
| 25 | for a civil penalty under Sections
9-3, 9-10, and 9-23 | ||||||
| 26 | of
the Election Code;
| ||||||
| |||||||
| |||||||
| 1 | (viii) any political committee which, at the time | ||||||
| 2 | of its application
to conduct a raffle, has not | ||||||
| 3 | submitted any report or document required to
be filed | ||||||
| 4 | by Article 9 of the Election Code and such report or | ||||||
| 5 | document is
more than 10 days overdue.
| ||||||
| 6 | (d)(1) The conducting of raffles is subject
to the | ||||||
| 7 | following restrictions:
| ||||||
| 8 | (i) The entire net proceeds of any raffle must be | ||||||
| 9 | exclusively devoted
to the lawful purposes of the political | ||||||
| 10 | committee permitted to conduct that
game.
| ||||||
| 11 | (ii) No person except a bona fide member of the | ||||||
| 12 | political committee
may participate in the management or | ||||||
| 13 | operation of the raffle.
| ||||||
| 14 | (iii) No person may receive any remuneration or profit | ||||||
| 15 | for participating
in the management or operation of the | ||||||
| 16 | raffle.
| ||||||
| 17 | (iv) Raffle chances may be sold or issued only within | ||||||
| 18 | the area specified
on the license and winning chances may | ||||||
| 19 | be determined only at those locations
specified on the | ||||||
| 20 | license.
| ||||||
| 21 | (v) A person under the age of 18 years may participate | ||||||
| 22 | in the conducting
of raffles or chances only with the | ||||||
| 23 | permission of a parent or guardian.
A person under the age | ||||||
| 24 | of 18 years may be within
the area where winning chances | ||||||
| 25 | are being determined only when accompanied
by his or her | ||||||
| 26 | parent or guardian.
| ||||||
| |||||||
| |||||||
| 1 | (2) If a lessor rents a premises where a winning chance or | ||||||
| 2 | chances on a
raffle are determined, the lessor shall not be | ||||||
| 3 | criminally liable if the
person who uses the premises for the | ||||||
| 4 | determining of winning chances does not
hold a license issued | ||||||
| 5 | under the provisions
of this Section.
| ||||||
| 6 | (e)(1) Each political committee licensed to conduct | ||||||
| 7 | raffles and
chances shall keep records of its gross receipts, | ||||||
| 8 | expenses, and net proceeds
for each single gathering or | ||||||
| 9 | occasion at which winning chances are determined.
All | ||||||
| 10 | deductions from gross receipts for each single gathering or | ||||||
| 11 | occasion
shall be documented with receipts or other records | ||||||
| 12 | indicating the amount,
a description of the purchased item or | ||||||
| 13 | service or other reason for the
deduction, and the recipient. | ||||||
| 14 | The distribution of net proceeds shall be
itemized as to payee, | ||||||
| 15 | purpose, amount, and date of payment.
| ||||||
| 16 | (2) Each political committee licensed to conduct raffles | ||||||
| 17 | shall report
on the next report due to be filed under Article 9 | ||||||
| 18 | of the Election Code
its gross receipts, expenses, and net | ||||||
| 19 | proceeds
from raffles, and the distribution of net proceeds | ||||||
| 20 | itemized as required in
this subsection.
| ||||||
| 21 | Such reports shall be included in the regular reports | ||||||
| 22 | required of
political committees by Article 9 of the Election | ||||||
| 23 | Code.
| ||||||
| 24 | (3) Records required by this subsection shall be preserved | ||||||
| 25 | for 3 years,
and political committees shall make available | ||||||
| 26 | their records relating to the
operation of raffles for public | ||||||
| |||||||
| |||||||
| 1 | inspection at reasonable times and places.
| ||||||
| 2 | (f) Violation of any provision of this Section is a Class
C | ||||||
| 3 | misdemeanor.
| ||||||
| 4 | (g) Nothing in this Section shall be construed to authorize | ||||||
| 5 | the conducting
or operating of any gambling scheme, enterprise, | ||||||
| 6 | activity, or device other
than raffles as provided for herein.
| ||||||
| 7 | (Source: P.A. 101-109, eff. 7-19-19; revised 9-20-19.)
| ||||||
| 8 | Section 510. The Video Gaming
Act is amended by changing | ||||||
| 9 | Section 58 as follows:
| ||||||
| 10 | (230 ILCS 40/58)
| ||||||
| 11 | Sec. 58. Location of terminals. Video gaming terminals in | ||||||
| 12 | a licensed establishment, licensed fraternal establishment, or | ||||||
| 13 | licensed veterans establishment must be located
in an area that | ||||||
| 14 | is restricted to persons over 21 years of age and the entrance | ||||||
| 15 | to the area must be within the view of at least one employee of | ||||||
| 16 | the establishment who is over 21 years of age. | ||||||
| 17 | The placement of video gaming terminals in licensed | ||||||
| 18 | establishments, licensed truck stop establishments, licensed | ||||||
| 19 | large truck stop establishments, licensed fraternal | ||||||
| 20 | establishments, and licensed veterans establishments shall be | ||||||
| 21 | subject to the rules promulgated by the Board pursuant to the | ||||||
| 22 | Illinois Administrative Procedure Act.
| ||||||
| 23 | (Source: P.A. 101-31, eff. 6-28-19; 101-318, eff. 8-9-19; | ||||||
| 24 | revised 9-20-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 515. The Liquor Control Act of 1934 is amended by | ||||||
| 2 | changing Sections 3-12, 6-6, and 6-6.5 as follows:
| ||||||
| 3 | (235 ILCS 5/3-12)
| ||||||
| 4 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
| 5 | (a) The State Commission shall have the following powers, | ||||||
| 6 | functions, and
duties:
| ||||||
| 7 | (1) To receive applications and to issue licenses to | ||||||
| 8 | manufacturers,
foreign importers, importing distributors, | ||||||
| 9 | distributors, non-resident dealers,
on premise consumption | ||||||
| 10 | retailers, off premise sale retailers, special event
| ||||||
| 11 | retailer licensees, special use permit licenses, auction | ||||||
| 12 | liquor licenses, brew
pubs, caterer retailers, | ||||||
| 13 | non-beverage users, railroads, including owners and
| ||||||
| 14 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
| 15 | boats, brokers, and wine
maker's premises licensees in | ||||||
| 16 | accordance with the provisions of this Act, and
to suspend | ||||||
| 17 | or revoke such licenses upon the State Commission's | ||||||
| 18 | determination,
upon notice after hearing, that a licensee | ||||||
| 19 | has violated any provision of this
Act or any rule or | ||||||
| 20 | regulation issued pursuant thereto and in effect for 30 | ||||||
| 21 | days
prior to such violation. Except in the case of an | ||||||
| 22 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
| 23 | or 6-9, any action by the State Commission to
suspend or | ||||||
| 24 | revoke a licensee's license may be limited to the license | ||||||
| |||||||
| |||||||
| 1 | for the
specific premises where the violation occurred.
An | ||||||
| 2 | action for a violation of this Act shall be commenced by | ||||||
| 3 | the State Commission within 2 years after the date the | ||||||
| 4 | State Commission becomes aware of the violation.
| ||||||
| 5 | In lieu of suspending or revoking a license, the | ||||||
| 6 | commission may impose
a fine, upon the State Commission's | ||||||
| 7 | determination and notice after hearing,
that a licensee has | ||||||
| 8 | violated any provision of this Act or any rule or
| ||||||
| 9 | regulation issued pursuant thereto and in effect for 30 | ||||||
| 10 | days prior to such
violation. | ||||||
| 11 | For the purpose of this paragraph (1), when determining | ||||||
| 12 | multiple violations for the sale of alcohol to a person | ||||||
| 13 | under the age of 21, a second or subsequent violation for | ||||||
| 14 | the sale of alcohol to a person under the age of 21 shall | ||||||
| 15 | only be considered if it was committed within 5 years after | ||||||
| 16 | the date when a prior violation for the sale of alcohol to | ||||||
| 17 | a person under the age of 21 was committed. | ||||||
| 18 | The fine imposed under this paragraph may not exceed | ||||||
| 19 | $500 for each
violation. Each day that the activity, which | ||||||
| 20 | gave rise to the original fine,
continues is a separate | ||||||
| 21 | violation. The maximum fine that may be levied against
any | ||||||
| 22 | licensee, for the period of the license, shall not exceed | ||||||
| 23 | $20,000.
The maximum penalty that may be imposed on a | ||||||
| 24 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
| 25 | foreign object in it or serving from a bottle of
alcoholic | ||||||
| 26 | liquor with a foreign object in it shall be the destruction | ||||||
| |||||||
| |||||||
| 1 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
| 2 | so sold or served from by
the licensee. For the eleventh | ||||||
| 3 | bottle of alcoholic liquor and for each third
bottle | ||||||
| 4 | thereafter sold or served from by the licensee with a | ||||||
| 5 | foreign object in
it, the maximum penalty that may be | ||||||
| 6 | imposed on the licensee is the destruction
of the bottle of | ||||||
| 7 | alcoholic liquor and a fine of up to $50.
| ||||||
| 8 | Any notice issued by the State Commission to a licensee | ||||||
| 9 | for a violation of this Act or any notice with respect to | ||||||
| 10 | settlement or offer in compromise shall include the field | ||||||
| 11 | report, photographs, and any other supporting | ||||||
| 12 | documentation necessary to reasonably inform the licensee | ||||||
| 13 | of the nature and extent of the violation or the conduct | ||||||
| 14 | alleged to have occurred. The failure to include such | ||||||
| 15 | required documentation shall result in the dismissal of the | ||||||
| 16 | action. | ||||||
| 17 | (2) To adopt such rules and regulations consistent with | ||||||
| 18 | the
provisions of this Act which shall be necessary to | ||||||
| 19 | carry on its
functions and duties to the end that the | ||||||
| 20 | health, safety and welfare of
the People of the State of | ||||||
| 21 | Illinois shall be protected and temperance in
the | ||||||
| 22 | consumption of alcoholic liquors shall be fostered and | ||||||
| 23 | promoted and
to distribute copies of such rules and | ||||||
| 24 | regulations to all licensees
affected thereby.
| ||||||
| 25 | (3) To call upon other administrative departments of | ||||||
| 26 | the State,
county and municipal governments, county and | ||||||
| |||||||
| |||||||
| 1 | city police departments and
upon prosecuting officers for | ||||||
| 2 | such information and assistance as it
deems necessary in | ||||||
| 3 | the performance of its duties.
| ||||||
| 4 | (4) To recommend to local commissioners rules and | ||||||
| 5 | regulations, not
inconsistent with the law, for the | ||||||
| 6 | distribution and sale of alcoholic
liquors throughout the | ||||||
| 7 | State.
| ||||||
| 8 | (5) To inspect, or cause to be inspected, any
premises | ||||||
| 9 | in this State
where alcoholic liquors are manufactured, | ||||||
| 10 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
| 11 | authorizes an agent of the State Commission to inspect | ||||||
| 12 | private
areas within the premises without reasonable | ||||||
| 13 | suspicion or a warrant
during an inspection. "Private | ||||||
| 14 | areas" include, but are not limited to, safes, personal | ||||||
| 15 | property, and closed desks.
| ||||||
| 16 | (5.1) Upon receipt of a complaint or upon having | ||||||
| 17 | knowledge that any person
is engaged in business as a | ||||||
| 18 | manufacturer, importing distributor, distributor,
or | ||||||
| 19 | retailer without a license or valid license, to conduct an | ||||||
| 20 | investigation. If, after conducting an investigation, the | ||||||
| 21 | State Commission is satisfied that the alleged conduct | ||||||
| 22 | occurred or is occurring, it may issue a cease and desist | ||||||
| 23 | notice as provided in this Act, impose civil penalties as | ||||||
| 24 | provided in this Act, notify the local liquor
authority, or | ||||||
| 25 | file a complaint with the State's Attorney's Office of the | ||||||
| 26 | county
where the incident occurred or the Attorney General.
| ||||||
| |||||||
| |||||||
| 1 | (5.2) Upon receipt of a complaint or upon having | ||||||
| 2 | knowledge that any person is shipping alcoholic
liquor
into | ||||||
| 3 | this State from a point outside of this State if the | ||||||
| 4 | shipment is in
violation of this Act, to conduct an | ||||||
| 5 | investigation. If, after conducting an investigation, the | ||||||
| 6 | State Commission is satisfied that the alleged conduct | ||||||
| 7 | occurred or is occurring, it may issue a cease and desist | ||||||
| 8 | notice as provided in this Act, impose civil penalties as | ||||||
| 9 | provided in this Act, notify the foreign jurisdiction, or | ||||||
| 10 | file a complaint with the State's Attorney's Office of the | ||||||
| 11 | county where the incident occurred or the Attorney General.
| ||||||
| 12 | (5.3) To receive complaints from licensees, local | ||||||
| 13 | officials, law
enforcement agencies, organizations, and | ||||||
| 14 | persons stating that any licensee has
been or is violating | ||||||
| 15 | any provision of this Act or the rules and regulations
| ||||||
| 16 | issued pursuant to this Act. Such complaints shall be in | ||||||
| 17 | writing, signed and
sworn to by the person making the | ||||||
| 18 | complaint, and shall state with specificity
the facts in | ||||||
| 19 | relation to the alleged violation. If the State Commission | ||||||
| 20 | has
reasonable grounds to believe that the complaint | ||||||
| 21 | substantially alleges a
violation of this Act or rules and | ||||||
| 22 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
| 23 | an investigation. If, after conducting an investigation, | ||||||
| 24 | the
State Commission is satisfied that the alleged | ||||||
| 25 | violation did occur, it shall proceed
with disciplinary | ||||||
| 26 | action against the licensee as provided in this Act.
| ||||||
| |||||||
| |||||||
| 1 | (5.4) To make arrests and issue notices of civil | ||||||
| 2 | violations where necessary for the enforcement of this Act. | ||||||
| 3 | (5.5) To investigate any and all unlicensed activity. | ||||||
| 4 | (5.6) To impose civil penalties or fines to any person | ||||||
| 5 | who, without holding a valid license, engages in conduct | ||||||
| 6 | that requires a license pursuant to this Act, in an amount | ||||||
| 7 | not to exceed $20,000 for each offense as determined by the | ||||||
| 8 | State Commission. A civil penalty shall be assessed by the | ||||||
| 9 | State Commission after a hearing is held in accordance with | ||||||
| 10 | the provisions set forth in this Act regarding the | ||||||
| 11 | provision of a hearing for the revocation or suspension of | ||||||
| 12 | a license. | ||||||
| 13 | (6) To hear and determine appeals from orders of a | ||||||
| 14 | local commission
in accordance with the provisions of this | ||||||
| 15 | Act, as hereinafter set forth.
Hearings under this | ||||||
| 16 | subsection shall be held in Springfield or Chicago,
at | ||||||
| 17 | whichever location is the more convenient for the majority | ||||||
| 18 | of persons
who are parties to the hearing.
| ||||||
| 19 | (7) The State Commission shall establish uniform | ||||||
| 20 | systems of accounts to be
kept by all retail licensees | ||||||
| 21 | having more than 4 employees, and for this
purpose the | ||||||
| 22 | State Commission may classify all retail licensees having | ||||||
| 23 | more
than 4 employees and establish a uniform system of | ||||||
| 24 | accounts for each
class and prescribe the manner in which | ||||||
| 25 | such accounts shall be kept.
The State Commission may also | ||||||
| 26 | prescribe the forms of accounts to be kept by
all retail | ||||||
| |||||||
| |||||||
| 1 | licensees having more than 4 employees, including, but not
| ||||||
| 2 | limited to, accounts of earnings and expenses and any | ||||||
| 3 | distribution,
payment, or other distribution of earnings | ||||||
| 4 | or assets, and any other
forms, records, and memoranda | ||||||
| 5 | which in the judgment of the commission may
be necessary or | ||||||
| 6 | appropriate to carry out any of the provisions of this
Act, | ||||||
| 7 | including, but not limited to, such forms, records, and | ||||||
| 8 | memoranda as
will readily and accurately disclose at all | ||||||
| 9 | times the beneficial
ownership of such retail licensed | ||||||
| 10 | business. The accounts, forms,
records, and memoranda | ||||||
| 11 | shall be available at all reasonable times for
inspection | ||||||
| 12 | by authorized representatives of the State Commission or by
| ||||||
| 13 | any local liquor control commissioner or his or her | ||||||
| 14 | authorized representative.
The commission, may, from time | ||||||
| 15 | to time, alter, amend, or repeal, in whole
or in part, any | ||||||
| 16 | uniform system of accounts, or the form and manner of
| ||||||
| 17 | keeping accounts.
| ||||||
| 18 | (8) In the conduct of any hearing authorized to be held | ||||||
| 19 | by the State Commission, to appoint, at the commission's | ||||||
| 20 | discretion, hearing officers
to conduct hearings involving | ||||||
| 21 | complex issues or issues that will require a
protracted | ||||||
| 22 | period of time to resolve, to examine, or cause to be | ||||||
| 23 | examined,
under oath, any licensee, and to examine or cause | ||||||
| 24 | to be examined the books and
records
of such licensee; to | ||||||
| 25 | hear testimony and take proof material for its
information | ||||||
| 26 | in the discharge of its duties hereunder; to administer or
| ||||||
| |||||||
| |||||||
| 1 | cause to be administered oaths; for any such purpose to | ||||||
| 2 | issue
subpoena or subpoenas to require the attendance of | ||||||
| 3 | witnesses and the
production of books, which shall be | ||||||
| 4 | effective in any part of this State, and
to adopt rules to | ||||||
| 5 | implement its powers under this paragraph (8).
| ||||||
| 6 | Any circuit court may, by order duly entered,
require | ||||||
| 7 | the attendance of witnesses and the production of relevant | ||||||
| 8 | books
subpoenaed by the State Commission and the court may | ||||||
| 9 | compel
obedience to its order by proceedings for contempt.
| ||||||
| 10 | (9) To investigate the administration of laws in | ||||||
| 11 | relation to
alcoholic liquors in this and other states and | ||||||
| 12 | any foreign countries,
and to recommend from time to time | ||||||
| 13 | to the Governor and through him or
her to the legislature | ||||||
| 14 | of this State, such amendments to this Act, if any, as
it | ||||||
| 15 | may think desirable and as will serve to further the | ||||||
| 16 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
| 17 | (10) To adopt such rules and regulations consistent | ||||||
| 18 | with the
provisions of this Act which shall be necessary | ||||||
| 19 | for the control, sale, or
disposition of alcoholic liquor | ||||||
| 20 | damaged as a result of an accident, wreck,
flood, fire, or | ||||||
| 21 | other similar occurrence.
| ||||||
| 22 | (11) To develop industry educational programs related | ||||||
| 23 | to responsible
serving and selling, particularly in the | ||||||
| 24 | areas of overserving consumers and
illegal underage | ||||||
| 25 | purchasing and consumption of alcoholic beverages.
| ||||||
| 26 | (11.1) To license persons providing education and | ||||||
| |||||||
| |||||||
| 1 | training to alcohol
beverage sellers and servers for | ||||||
| 2 | mandatory and non-mandatory training under the
Beverage | ||||||
| 3 | Alcohol Sellers and Servers
Education and Training | ||||||
| 4 | (BASSET) programs and to develop and administer a public
| ||||||
| 5 | awareness program in Illinois to reduce or eliminate the | ||||||
| 6 | illegal purchase and
consumption of alcoholic beverage | ||||||
| 7 | products by persons under the age of 21.
Application for a | ||||||
| 8 | license shall be made on forms provided by the State
| ||||||
| 9 | Commission.
| ||||||
| 10 | (12) To develop and maintain a repository of license | ||||||
| 11 | and regulatory
information.
| ||||||
| 12 | (13) (Blank).
| ||||||
| 13 | (14) On or before April 30, 2008 and every 2 years
| ||||||
| 14 | thereafter, the State Commission shall present a written
| ||||||
| 15 | report to the Governor and the General Assembly that shall
| ||||||
| 16 | be based on a study of the impact of Public Act 95-634 on | ||||||
| 17 | the business of soliciting,
selling, and shipping wine from | ||||||
| 18 | inside and outside of this
State directly to residents of | ||||||
| 19 | this State. As part of its
report, the State Commission | ||||||
| 20 | shall provide all of the
following information: | ||||||
| 21 | (A) The amount of State excise and sales tax
| ||||||
| 22 | revenues generated. | ||||||
| 23 | (B) The amount of licensing fees received. | ||||||
| 24 | (C) The number of cases of wine shipped from inside
| ||||||
| 25 | and outside of this State directly to residents of this
| ||||||
| 26 | State. | ||||||
| |||||||
| |||||||
| 1 | (D) The number of alcohol compliance operations
| ||||||
| 2 | conducted. | ||||||
| 3 | (E) The number of winery shipper's licenses
| ||||||
| 4 | issued. | ||||||
| 5 | (F) The number of each of the following: reported
| ||||||
| 6 | violations; cease and desist notices issued by the
| ||||||
| 7 | Commission; notices of violations issued by
the | ||||||
| 8 | Commission and to the Department of Revenue;
and | ||||||
| 9 | notices and complaints of violations to law
| ||||||
| 10 | enforcement officials, including, without limitation,
| ||||||
| 11 | the Illinois Attorney General and the U.S. Department
| ||||||
| 12 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
| 13 | (15) As a means to reduce the underage consumption of
| ||||||
| 14 | alcoholic liquors, the State Commission shall conduct
| ||||||
| 15 | alcohol compliance operations to investigate whether
| ||||||
| 16 | businesses that are soliciting, selling, and shipping wine
| ||||||
| 17 | from inside or outside of this State directly to residents
| ||||||
| 18 | of this State are licensed by this State or are selling or
| ||||||
| 19 | attempting to sell wine to persons under 21 years of age in
| ||||||
| 20 | violation of this Act. | ||||||
| 21 | (16) The State Commission shall, in addition to
| ||||||
| 22 | notifying any appropriate law enforcement agency, submit
| ||||||
| 23 | notices of complaints or violations of Sections 6-29 and
| ||||||
| 24 | 6-29.1 by persons who do not hold a winery shipper's
| ||||||
| 25 | license under this Act to the Illinois Attorney General and
| ||||||
| 26 | to the U.S. Department of Treasury's Alcohol and Tobacco | ||||||
| |||||||
| |||||||
| 1 | Tax and Trade Bureau. | ||||||
| 2 | (17)(A) A person licensed to make wine under the laws | ||||||
| 3 | of another state who has a winery shipper's license under | ||||||
| 4 | this Act and annually produces less than 25,000 gallons of | ||||||
| 5 | wine or a person who has a first-class or second-class wine | ||||||
| 6 | manufacturer's license, a first-class or second-class | ||||||
| 7 | wine-maker's license, or a limited wine manufacturer's | ||||||
| 8 | license under this Act and annually produces less than | ||||||
| 9 | 25,000 gallons of wine may make application to the | ||||||
| 10 | Commission for a self-distribution exemption to allow the | ||||||
| 11 | sale of not more than 5,000 gallons of the exemption | ||||||
| 12 | holder's wine to retail licensees per year. | ||||||
| 13 | (B) In the application, which shall be sworn under | ||||||
| 14 | penalty of perjury, such person shall state (1) the date it | ||||||
| 15 | was established; (2) its volume of production and sales for | ||||||
| 16 | each year since its establishment; (3) its efforts to | ||||||
| 17 | establish distributor relationships; (4) that a | ||||||
| 18 | self-distribution exemption is necessary to facilitate the | ||||||
| 19 | marketing of its wine; and (5) that it will comply with the | ||||||
| 20 | liquor and revenue laws of the United States, this State, | ||||||
| 21 | and any other state where it is licensed. | ||||||
| 22 | (C) The State Commission shall approve the application | ||||||
| 23 | for a self-distribution exemption if such person: (1) is in | ||||||
| 24 | compliance with State revenue and liquor laws; (2) is not a | ||||||
| 25 | member of any affiliated group that produces more than | ||||||
| 26 | 25,000 gallons of wine per annum or produces any other | ||||||
| |||||||
| |||||||
| 1 | alcoholic liquor; (3) will not annually produce for sale | ||||||
| 2 | more than 25,000 gallons of wine; and (4) will not annually | ||||||
| 3 | sell more than 5,000 gallons of its wine to retail | ||||||
| 4 | licensees. | ||||||
| 5 | (D) A self-distribution exemption holder shall | ||||||
| 6 | annually certify to the State Commission its production of | ||||||
| 7 | wine in the previous 12 months and its anticipated | ||||||
| 8 | production and sales for the next 12 months. The State | ||||||
| 9 | Commission may fine, suspend, or revoke a | ||||||
| 10 | self-distribution exemption after a hearing if it finds | ||||||
| 11 | that the exemption holder has made a material | ||||||
| 12 | misrepresentation in its application, violated a revenue | ||||||
| 13 | or liquor law of Illinois, exceeded production of 25,000 | ||||||
| 14 | gallons of wine in any calendar year, or become part of an | ||||||
| 15 | affiliated group producing more than 25,000 gallons of wine | ||||||
| 16 | or any other alcoholic liquor. | ||||||
| 17 | (E) Except in hearings for violations of this Act or | ||||||
| 18 | Public Act 95-634 or a bona fide investigation by duly | ||||||
| 19 | sworn law enforcement officials, the State Commission, or | ||||||
| 20 | its agents, the State Commission shall maintain the | ||||||
| 21 | production and sales information of a self-distribution | ||||||
| 22 | exemption holder as confidential and shall not release such | ||||||
| 23 | information to any person. | ||||||
| 24 | (F) The State Commission shall issue regulations | ||||||
| 25 | governing self-distribution exemptions consistent with | ||||||
| 26 | this Section and this Act. | ||||||
| |||||||
| |||||||
| 1 | (G) Nothing in this paragraph (17) shall prohibit a | ||||||
| 2 | self-distribution exemption holder from entering into or | ||||||
| 3 | simultaneously having a distribution agreement with a | ||||||
| 4 | licensed Illinois distributor. | ||||||
| 5 | (H) It is the intent of this paragraph (17) to promote | ||||||
| 6 | and continue orderly markets. The General Assembly finds | ||||||
| 7 | that, in order to preserve Illinois' regulatory | ||||||
| 8 | distribution system, it is necessary to create an exception | ||||||
| 9 | for smaller makers of wine as their wines are frequently | ||||||
| 10 | adjusted in varietals, mixes, vintages, and taste to find | ||||||
| 11 | and create market niches sometimes too small for | ||||||
| 12 | distributor or importing distributor business strategies. | ||||||
| 13 | Limited self-distribution rights will afford and allow | ||||||
| 14 | smaller makers of wine access to the marketplace in order | ||||||
| 15 | to develop a customer base without impairing the integrity | ||||||
| 16 | of the 3-tier system.
| ||||||
| 17 | (18)(A) A class 1 brewer licensee, who must also be | ||||||
| 18 | either a licensed brewer or licensed non-resident dealer | ||||||
| 19 | and annually manufacture less than 930,000 gallons of beer, | ||||||
| 20 | may make application to the State Commission for a | ||||||
| 21 | self-distribution exemption to allow the sale of not more | ||||||
| 22 | than 232,500 gallons of the exemption holder's beer per | ||||||
| 23 | year to retail licensees and to brewers, class 1 brewers, | ||||||
| 24 | and class 2 brewers that, pursuant to subsection (e) of | ||||||
| 25 | Section 6-4 of this Act, sell beer, cider, or both beer and | ||||||
| 26 | cider to non-licensees at their breweries. | ||||||
| |||||||
| |||||||
| 1 | (B) In the application, which shall be sworn under | ||||||
| 2 | penalty of perjury, the class 1 brewer licensee shall state | ||||||
| 3 | (1) the date it was established; (2) its volume of beer | ||||||
| 4 | manufactured and sold for each year since its | ||||||
| 5 | establishment; (3) its efforts to establish distributor | ||||||
| 6 | relationships; (4) that a self-distribution exemption is | ||||||
| 7 | necessary to facilitate the marketing of its beer; and (5) | ||||||
| 8 | that it will comply with the alcoholic beverage and revenue | ||||||
| 9 | laws of the United States, this State, and any other state | ||||||
| 10 | where it is licensed. | ||||||
| 11 | (C) Any application submitted shall be posted on the | ||||||
| 12 | State Commission's website at least 45 days prior to action | ||||||
| 13 | by the State Commission. The State Commission shall approve | ||||||
| 14 | the application for a self-distribution exemption if the | ||||||
| 15 | class 1 brewer licensee: (1) is in compliance with the | ||||||
| 16 | State, revenue, and alcoholic beverage laws; (2) is not a | ||||||
| 17 | member of any affiliated group that manufactures more than | ||||||
| 18 | 930,000 gallons of beer per annum or produces any other | ||||||
| 19 | alcoholic beverages; (3) shall not annually manufacture | ||||||
| 20 | for sale more than 930,000 gallons of beer; (4) shall not | ||||||
| 21 | annually sell more than 232,500 gallons of its beer to | ||||||
| 22 | retail licensees or to brewers, class 1 brewers, and class | ||||||
| 23 | 2 brewers that, pursuant to subsection (e) of Section 6-4 | ||||||
| 24 | of this Act, sell beer, cider, or both beer and cider to | ||||||
| 25 | non-licensees at their breweries; and (5) has relinquished | ||||||
| 26 | any brew pub license held by the licensee, including any | ||||||
| |||||||
| |||||||
| 1 | ownership interest it held in the licensed brew pub. | ||||||
| 2 | (D) A self-distribution exemption holder shall | ||||||
| 3 | annually certify to the State Commission its manufacture of | ||||||
| 4 | beer during the previous 12 months and its anticipated | ||||||
| 5 | manufacture and sales of beer for the next 12 months. The | ||||||
| 6 | State Commission may fine, suspend, or revoke a | ||||||
| 7 | self-distribution exemption after a hearing if it finds | ||||||
| 8 | that the exemption holder has made a material | ||||||
| 9 | misrepresentation in its application, violated a revenue | ||||||
| 10 | or alcoholic beverage law of Illinois, exceeded the | ||||||
| 11 | manufacture of 930,000 gallons of beer in any calendar year | ||||||
| 12 | or became part of an affiliated group manufacturing more | ||||||
| 13 | than 930,000 gallons of beer or any other alcoholic | ||||||
| 14 | beverage. | ||||||
| 15 | (E) The State Commission shall issue rules and | ||||||
| 16 | regulations governing self-distribution exemptions | ||||||
| 17 | consistent with this Act. | ||||||
| 18 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
| 19 | self-distribution exemption holder from entering into or | ||||||
| 20 | simultaneously having a distribution agreement with a | ||||||
| 21 | licensed Illinois importing distributor or a distributor. | ||||||
| 22 | If a self-distribution exemption holder enters into a | ||||||
| 23 | distribution agreement and has assigned distribution | ||||||
| 24 | rights to an importing distributor or distributor, then the | ||||||
| 25 | self-distribution exemption holder's distribution rights | ||||||
| 26 | in the assigned territories shall cease in a reasonable | ||||||
| |||||||
| |||||||
| 1 | time not to exceed 60 days. | ||||||
| 2 | (G) It is the intent of this paragraph (18) to promote | ||||||
| 3 | and continue orderly markets. The General Assembly finds | ||||||
| 4 | that in order to preserve Illinois' regulatory | ||||||
| 5 | distribution system, it is necessary to create an exception | ||||||
| 6 | for smaller manufacturers in order to afford and allow such | ||||||
| 7 | smaller manufacturers of beer access to the marketplace in | ||||||
| 8 | order to develop a customer base without impairing the | ||||||
| 9 | integrity of the 3-tier system. | ||||||
| 10 | (19)(A) A class 1 craft distiller licensee or a | ||||||
| 11 | non-resident dealer who manufactures less than 50,000 | ||||||
| 12 | gallons of distilled spirits per year may make application | ||||||
| 13 | to the State Commission for a self-distribution exemption | ||||||
| 14 | to allow the sale of not more
than 5,000 gallons of the | ||||||
| 15 | exemption holder's spirits to retail licensees per year. | ||||||
| 16 | (B) In the application, which shall be sworn under | ||||||
| 17 | penalty of perjury, the class 1 craft distiller licensee or | ||||||
| 18 | non-resident dealer shall state (1) the date it was | ||||||
| 19 | established; (2) its volume of spirits manufactured and | ||||||
| 20 | sold for each year since its establishment; (3) its efforts | ||||||
| 21 | to establish distributor relationships; (4) that a | ||||||
| 22 | self-distribution exemption is necessary to facilitate the | ||||||
| 23 | marketing of its spirits; and (5) that it will comply with | ||||||
| 24 | the alcoholic beverage and revenue laws of the United | ||||||
| 25 | States, this State, and any other state where it is | ||||||
| 26 | licensed. | ||||||
| |||||||
| |||||||
| 1 | (C) Any application submitted shall be posted on the | ||||||
| 2 | State Commission's website at least 45 days prior to action | ||||||
| 3 | by the State Commission. The State Commission shall approve | ||||||
| 4 | the application for a self-distribution exemption if the | ||||||
| 5 | applicant: (1) is in compliance with State revenue and | ||||||
| 6 | alcoholic beverage laws; (2) is not a member of any | ||||||
| 7 | affiliated group that produces more than 50,000 gallons of | ||||||
| 8 | spirits per annum or produces any other alcoholic liquor; | ||||||
| 9 | (3) does not annually manufacture for sale more than 50,000 | ||||||
| 10 | gallons of spirits; and (4) does not annually sell more | ||||||
| 11 | than 5,000 gallons of its spirits to retail licensees. | ||||||
| 12 | (D) A self-distribution exemption holder shall | ||||||
| 13 | annually certify to the State Commission its manufacture of | ||||||
| 14 | spirits during the previous 12 months and its anticipated | ||||||
| 15 | manufacture and sales of spirits for the next 12 months. | ||||||
| 16 | The State Commission may fine, suspend, or revoke a | ||||||
| 17 | self-distribution exemption after a hearing if it finds | ||||||
| 18 | that the exemption holder has made a material | ||||||
| 19 | misrepresentation in its application, violated a revenue | ||||||
| 20 | or alcoholic beverage law of Illinois, exceeded the | ||||||
| 21 | manufacture of 50,000 gallons of spirits in any calendar | ||||||
| 22 | year, or has become part of an affiliated group | ||||||
| 23 | manufacturing more than 50,000 gallons of spirits or any | ||||||
| 24 | other alcoholic beverage. | ||||||
| 25 | (E) The State Commission shall adopt rules governing | ||||||
| 26 | self-distribution exemptions consistent with this Act. | ||||||
| |||||||
| |||||||
| 1 | (F) Nothing in this paragraph (19) shall prohibit a | ||||||
| 2 | self-distribution exemption holder from entering into or | ||||||
| 3 | simultaneously having a distribution agreement with a | ||||||
| 4 | licensed Illinois importing distributor or a distributor. | ||||||
| 5 | (G) It is the intent of this paragraph (19) to promote | ||||||
| 6 | and continue orderly markets. The General Assembly finds | ||||||
| 7 | that in order to preserve Illinois' regulatory | ||||||
| 8 | distribution system, it is necessary to create an exception | ||||||
| 9 | for smaller manufacturers in order to afford and allow such | ||||||
| 10 | smaller manufacturers of spirits access to the marketplace | ||||||
| 11 | in order to develop a customer base without impairing the
| ||||||
| 12 | integrity of the 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 Public | ||||||
| 16 | Act 90-739 on the business of soliciting,
selling, and shipping
| ||||||
| 17 | alcoholic liquor from outside of this State directly to | ||||||
| 18 | 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 Public Act 90-739;
| ||||||
| 23 | (ii) the amount of licensing fees received as a result | ||||||
| 24 | of Public Act 90-739;
| ||||||
| 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. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17; | ||||||
| 5 | 100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. | ||||||
| 6 | 8-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482, | ||||||
| 7 | eff. 8-23-19; revised 9-20-19.)
| ||||||
| 8 | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| ||||||
| 9 | Sec. 6-6.
Except as otherwise provided in this Act no | ||||||
| 10 | manufacturer or
distributor or importing distributor shall, | ||||||
| 11 | directly or indirectly,
sell, supply, furnish, give or pay for, | ||||||
| 12 | or loan or lease, any
furnishing, fixture or equipment on the | ||||||
| 13 | premises of a place of business
of another licensee authorized | ||||||
| 14 | under this Act to sell alcoholic liquor
at retail, either for | ||||||
| 15 | consumption on or off the premises, nor shall he or she,
| ||||||
| 16 | directly or indirectly, pay for any such license, or advance, | ||||||
| 17 | furnish,
lend or give money for payment of such license, or | ||||||
| 18 | purchase or become
the owner of any note, mortgage, or other | ||||||
| 19 | evidence of indebtedness of
such licensee or any form of | ||||||
| 20 | security therefor, nor shall such
manufacturer, or | ||||||
| 21 | distributor, or importing distributor, directly or
indirectly, | ||||||
| 22 | be interested in the ownership, conduct or operation of the
| ||||||
| 23 | business of any licensee authorized to sell alcoholic liquor at | ||||||
| 24 | retail,
nor shall any manufacturer, or distributor, or | ||||||
| 25 | importing distributor be
interested directly or indirectly or | ||||||
| |||||||
| |||||||
| 1 | as owner or part owner of said
premises or as lessee or lessor | ||||||
| 2 | thereof, in any premises upon which
alcoholic liquor is sold at | ||||||
| 3 | retail.
| ||||||
| 4 | No manufacturer or distributor or importing distributor | ||||||
| 5 | shall,
directly or indirectly or through a subsidiary or | ||||||
| 6 | affiliate, or by any
officer, director or firm of such | ||||||
| 7 | manufacturer, distributor or importing
distributor, furnish, | ||||||
| 8 | give, lend or rent, install, repair or maintain,
to or for any | ||||||
| 9 | retail licensee in this State, any
signs or inside advertising | ||||||
| 10 | materials except as provided in this Section and
Section 6-5. | ||||||
| 11 | With respect to
retail licensees, other than any government | ||||||
| 12 | owned or operated auditorium,
exhibition hall, recreation | ||||||
| 13 | facility or other similar facility holding a
retailer's license | ||||||
| 14 | as described in Section 6-5, a manufacturer,
distributor, or | ||||||
| 15 | importing distributor may furnish, give, lend or rent and
| ||||||
| 16 | erect, install, repair and maintain to or for any retail | ||||||
| 17 | licensee, for use
at any one time in or about or in connection | ||||||
| 18 | with a retail establishment on
which the products of the | ||||||
| 19 | manufacturer, distributor or importing
distributor are sold, | ||||||
| 20 | the following signs and inside advertising materials
as | ||||||
| 21 | authorized in subparts (i), (ii), (iii), and (iv):
| ||||||
| 22 | (i) Permanent outside signs shall cost not more than | ||||||
| 23 | $3,000 per brand, exclusive of erection,
installation, | ||||||
| 24 | repair and maintenance costs, and permit fees and
shall | ||||||
| 25 | bear only the manufacturer's name, brand name, trade name, | ||||||
| 26 | slogans,
markings, trademark, or other symbols commonly | ||||||
| |||||||
| |||||||
| 1 | associated with and generally
used in identifying the | ||||||
| 2 | product including, but not limited to, "cold beer", "on
| ||||||
| 3 | tap", "carry out", and "packaged liquor".
| ||||||
| 4 | (ii) Temporary outside signs shall include, but not be | ||||||
| 5 | limited to, banners, flags, pennants,
streamers, and other | ||||||
| 6 | items of a temporary and non-permanent
nature, and shall | ||||||
| 7 | cost not more than $1,000 per manufacturer. Each temporary | ||||||
| 8 | outside sign must include the manufacturer's name,
brand | ||||||
| 9 | name, trade name, slogans, markings,
trademark, or other | ||||||
| 10 | symbol commonly associated with and generally used in
| ||||||
| 11 | identifying the product. Temporary outside signs may also | ||||||
| 12 | include,
for example, the product,
price, packaging, date | ||||||
| 13 | or dates of a promotion and an announcement of a
retail | ||||||
| 14 | licensee's specific sponsored event, if the temporary | ||||||
| 15 | outside sign is
intended to promote a product, and provided | ||||||
| 16 | that the announcement of the retail
licensee's event and | ||||||
| 17 | the product promotion are held simultaneously. However,
| ||||||
| 18 | temporary outside signs may not include names, slogans, | ||||||
| 19 | markings, or logos that
relate to the retailer. Nothing in | ||||||
| 20 | this subpart (ii) shall prohibit a
distributor or importing | ||||||
| 21 | distributor from bearing the cost of creating or
printing a | ||||||
| 22 | temporary outside sign for the retail licensee's specific | ||||||
| 23 | sponsored
event or from bearing the cost of creating or | ||||||
| 24 | printing a temporary sign for a
retail licensee containing, | ||||||
| 25 | for example, community goodwill expressions,
regional | ||||||
| 26 | sporting event announcements, or seasonal messages, | ||||||
| |||||||
| |||||||
| 1 | provided that the
primary purpose of the temporary outside | ||||||
| 2 | sign is to highlight, promote, or
advertise the product.
In | ||||||
| 3 | addition, temporary outside signs provided by the | ||||||
| 4 | manufacturer to
the distributor or importing distributor | ||||||
| 5 | may also include, for example, subject
to the limitations | ||||||
| 6 | of this Section, preprinted community goodwill | ||||||
| 7 | expressions,
sporting event announcements, seasonal | ||||||
| 8 | messages, and manufacturer promotional
announcements. | ||||||
| 9 | However, a distributor or importing distributor shall not | ||||||
| 10 | bear
the cost of such manufacturer preprinted signs.
| ||||||
| 11 | (iii) Permanent inside
signs, whether visible from the | ||||||
| 12 | outside or the inside of the premises,
include, but are not | ||||||
| 13 | limited to: alcohol lists and menus that may include
names, | ||||||
| 14 | slogans, markings, or logos that relate to the retailer; | ||||||
| 15 | neons;
illuminated signs; clocks; table lamps; mirrors; | ||||||
| 16 | tap handles; decalcomanias;
window painting; and window | ||||||
| 17 | trim. All neons, illuminated signs, clocks, table lamps, | ||||||
| 18 | mirrors, and tap handles are the property of the | ||||||
| 19 | manufacturer and shall be returned to the manufacturer or | ||||||
| 20 | its agent upon request. All permanent inside signs in place
| ||||||
| 21 | and in use at any one time shall cost in the aggregate not | ||||||
| 22 | more than $6,000 per
manufacturer. A permanent inside sign | ||||||
| 23 | must include the
manufacturer's name, brand name, trade | ||||||
| 24 | name, slogans, markings, trademark, or
other symbol | ||||||
| 25 | commonly associated with and generally used in identifying
| ||||||
| 26 | the product. However,
permanent inside signs may not | ||||||
| |||||||
| |||||||
| 1 | include names, slogans, markings, or logos
that relate to | ||||||
| 2 | the retailer. For the purpose of this subpart (iii), all
| ||||||
| 3 | permanent inside signs may be displayed in an adjacent | ||||||
| 4 | courtyard or patio
commonly referred to as a "beer garden" | ||||||
| 5 | that is a part of the retailer's
licensed premises.
| ||||||
| 6 | (iv) Temporary inside signs shall include, but are not | ||||||
| 7 | limited to, lighted
chalk boards, acrylic table tent | ||||||
| 8 | beverage or hors d'oeuvre list holders,
banners, flags, | ||||||
| 9 | pennants, streamers, and inside advertising materials such | ||||||
| 10 | as
posters, placards, bowling sheets, table tents, inserts | ||||||
| 11 | for acrylic table tent
beverage or hors d'oeuvre list | ||||||
| 12 | holders, sports schedules,
or similar printed or | ||||||
| 13 | illustrated materials and product displays, such as | ||||||
| 14 | display racks, bins, barrels, or similar items, the primary | ||||||
| 15 | function of which is to temporarily hold and display | ||||||
| 16 | alcoholic beverages; however, such items, for example,
as | ||||||
| 17 | coasters, trays, napkins, glassware, growlers, crowlers, | ||||||
| 18 | and cups shall not be deemed to be
inside signs or | ||||||
| 19 | advertising materials and may only be sold to retailers at | ||||||
| 20 | fair market value, which shall be no less than the cost of | ||||||
| 21 | the item to the manufacturer, distributor, or importing | ||||||
| 22 | distributor. All
temporary inside signs and inside | ||||||
| 23 | advertising materials in place and in use at
any one time | ||||||
| 24 | shall cost in the aggregate not more than $1,000 per | ||||||
| 25 | manufacturer.
Nothing in this subpart (iv) prohibits a | ||||||
| 26 | distributor or importing distributor
from paying the cost | ||||||
| |||||||
| |||||||
| 1 | of
printing or creating any temporary inside banner or | ||||||
| 2 | inserts for acrylic table
tent beverage or hors d'oeuvre | ||||||
| 3 | list holders for a retail licensee, provided
that the | ||||||
| 4 | primary purpose for the banner or insert is to highlight, | ||||||
| 5 | promote, or
advertise the product. For the purpose of this | ||||||
| 6 | subpart (iv), all temporary
inside signs and inside | ||||||
| 7 | advertising materials may be displayed in an adjacent
| ||||||
| 8 | courtyard or patio commonly referred to as a "beer garden" | ||||||
| 9 | that is a part of
the retailer's licensed premises.
| ||||||
| 10 | The restrictions contained in this Section 6-6 do not apply | ||||||
| 11 | to signs, or
promotional or advertising materials furnished by | ||||||
| 12 | manufacturers, distributors
or importing distributors to a | ||||||
| 13 | government owned or operated facility holding
a retailer's | ||||||
| 14 | license as described in Section 6-5.
| ||||||
| 15 | No distributor or importing distributor shall directly or | ||||||
| 16 | indirectly
or through a subsidiary or affiliate, or by any | ||||||
| 17 | officer, director or
firm of such manufacturer, distributor or | ||||||
| 18 | importing distributor,
furnish, give, lend or rent, install, | ||||||
| 19 | repair or maintain, to or for any
retail licensee in this | ||||||
| 20 | State, any signs or
inside advertising materials described in | ||||||
| 21 | subparts (i), (ii), (iii), or (iv)
of this Section except as | ||||||
| 22 | the agent for or on behalf of a manufacturer,
provided that the | ||||||
| 23 | total cost of any signs and inside advertising materials
| ||||||
| 24 | including but not limited to labor, erection, installation and | ||||||
| 25 | permit fees
shall be paid by the manufacturer whose product or | ||||||
| 26 | products said signs
and inside advertising materials advertise | ||||||
| |||||||
| |||||||
| 1 | and except as follows:
| ||||||
| 2 | A distributor or importing distributor may purchase from or | ||||||
| 3 | enter into a
written agreement with a manufacturer or a | ||||||
| 4 | manufacturer's designated supplier
and such manufacturer or | ||||||
| 5 | the manufacturer's designated supplier may sell or
enter into | ||||||
| 6 | an agreement to sell to a distributor or importing distributor
| ||||||
| 7 | permitted signs and advertising materials described in | ||||||
| 8 | subparts (ii), (iii), or
(iv) of this Section for the purpose | ||||||
| 9 | of furnishing, giving, lending, renting,
installing, | ||||||
| 10 | repairing, or maintaining such signs or advertising materials | ||||||
| 11 | to or
for any retail licensee in this State. Any purchase by a | ||||||
| 12 | distributor or
importing distributor from a manufacturer or a | ||||||
| 13 | manufacturer's designated
supplier shall be voluntary and the | ||||||
| 14 | manufacturer may not require the
distributor or the importing | ||||||
| 15 | distributor to purchase signs or advertising
materials from the | ||||||
| 16 | manufacturer or the manufacturer's designated supplier.
| ||||||
| 17 | A distributor or importing distributor shall be deemed the | ||||||
| 18 | owner of such
signs or advertising materials purchased from a | ||||||
| 19 | manufacturer or
a manufacturer's designated supplier.
| ||||||
| 20 | The provisions of Public Act 90-373
concerning signs or | ||||||
| 21 | advertising materials delivered by a manufacturer to a
| ||||||
| 22 | distributor or importing distributor shall apply only to signs | ||||||
| 23 | or advertising
materials delivered on or after August 14, 1997.
| ||||||
| 24 | A manufacturer, distributor, or importing distributor may | ||||||
| 25 | furnish free social media advertising to a retail licensee if | ||||||
| 26 | the social media advertisement does not contain the retail | ||||||
| |||||||
| |||||||
| 1 | price of any alcoholic liquor and the social media | ||||||
| 2 | advertisement complies with any applicable rules or | ||||||
| 3 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
| 4 | Bureau of the United States Department of the Treasury. A | ||||||
| 5 | manufacturer, distributor, or importing distributor may list | ||||||
| 6 | the names of one or more unaffiliated retailers in the | ||||||
| 7 | advertisement of alcoholic liquor through social media. | ||||||
| 8 | Nothing in this Section shall prohibit a retailer from | ||||||
| 9 | communicating with a manufacturer, distributor, or importing | ||||||
| 10 | distributor on social media or sharing media on the social | ||||||
| 11 | media of a manufacturer, distributor, or importing | ||||||
| 12 | distributor. A retailer may request free social media | ||||||
| 13 | advertising from a manufacturer, distributor, or importing | ||||||
| 14 | distributor. Nothing in this Section shall prohibit a | ||||||
| 15 | manufacturer, distributor, or importing distributor from | ||||||
| 16 | sharing, reposting, or otherwise forwarding a social media post | ||||||
| 17 | by a retail licensee, so long as the sharing, reposting, or | ||||||
| 18 | forwarding of the social media post does not contain the retail | ||||||
| 19 | price of any alcoholic liquor. No manufacturer, distributor, or | ||||||
| 20 | importing distributor shall pay or reimburse a retailer, | ||||||
| 21 | directly or indirectly, for any social media advertising | ||||||
| 22 | services, except as specifically permitted in this Act. No | ||||||
| 23 | retailer shall accept any payment or reimbursement, directly or | ||||||
| 24 | indirectly, for any social media advertising services offered | ||||||
| 25 | by a manufacturer, distributor, or importing distributor, | ||||||
| 26 | except as specifically permitted in this Act. For the purposes | ||||||
| |||||||
| |||||||
| 1 | of this Section, "social media" means a service, platform, or | ||||||
| 2 | site where users communicate with one another and share media, | ||||||
| 3 | such as pictures, videos, music, and blogs, with other users | ||||||
| 4 | free of charge. | ||||||
| 5 | No person engaged in the business of manufacturing, | ||||||
| 6 | importing or
distributing alcoholic liquors shall, directly or | ||||||
| 7 | indirectly, pay for,
or advance, furnish, or lend money for the | ||||||
| 8 | payment of any license for
another. Any licensee who shall | ||||||
| 9 | permit or assent, or be a party in any
way to any violation or | ||||||
| 10 | infringement of the provisions of this Section
shall be deemed | ||||||
| 11 | guilty of a violation of this Act, and any money loaned
| ||||||
| 12 | contrary to a provision of this Act shall not be recovered | ||||||
| 13 | back, or any
note, mortgage or other evidence of indebtedness, | ||||||
| 14 | or security, or any
lease or contract obtained or made contrary | ||||||
| 15 | to this Act shall be
unenforceable and void.
| ||||||
| 16 | This Section shall not apply to airplane licensees | ||||||
| 17 | exercising powers
provided in paragraph (i) of Section 5-1 of | ||||||
| 18 | this Act.
| ||||||
| 19 | (Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19; | ||||||
| 20 | 101-517, eff. 8-23-19; revised 9-18-19.)
| ||||||
| 21 | (235 ILCS 5/6-6.5)
| ||||||
| 22 | Sec. 6-6.5. Sanitation and use of growlers and crowlers. | ||||||
| 23 | (a) A manufacturer, distributor, or importing
distributor | ||||||
| 24 | may not provide for free, but may sell coil cleaning services | ||||||
| 25 | and installation services, including labor costs, to a retail | ||||||
| |||||||
| |||||||
| 1 | licensee at fair market
cost.
| ||||||
| 2 | A manufacturer, distributor, or importing distributor may | ||||||
| 3 | not provide for free, but may sell dispensing
accessories to | ||||||
| 4 | retail licensees at a price not less than the cost to the
| ||||||
| 5 | manufacturer, distributor, or importing distributor who | ||||||
| 6 | initially purchased
them. Dispensing accessories include, but | ||||||
| 7 | are not limited to, items such as
standards, faucets, cold | ||||||
| 8 | plates, rods, vents, taps, tap standards, hoses,
washers, | ||||||
| 9 | couplings, gas gauges, vent tongues, shanks, glycol draught | ||||||
| 10 | systems, pumps, and check valves. A manufacturer, distributor, | ||||||
| 11 | or importing distributor may service, balance, or inspect draft | ||||||
| 12 | beer, wine, or distilled spirits systems at regular intervals | ||||||
| 13 | and may provide labor to replace or install dispensing | ||||||
| 14 | accessories.
| ||||||
| 15 | Coil cleaning supplies
consisting of detergents, cleaning | ||||||
| 16 | chemicals, brushes, or similar type cleaning
devices may be | ||||||
| 17 | sold at a price not less than the cost to the manufacturer,
| ||||||
| 18 | distributor, or importing distributor.
| ||||||
| 19 | (a-5) A manufacturer of beer licensed under subsection (e) | ||||||
| 20 | of Section 6-4 or a brew pub may
transfer any beer manufactured | ||||||
| 21 | or sold on its licensed premises to a growler or crowler and | ||||||
| 22 | sell those growlers or crowlers to non-licensees for | ||||||
| 23 | consumption off the premises. A manufacturer of beer under | ||||||
| 24 | subsection (e) of Section 6-4 or a brew pub is not subject to | ||||||
| 25 | subsection (b) of this Section. | ||||||
| 26 | (b) An on-premises retail licensee may transfer beer to a | ||||||
| |||||||
| |||||||
| 1 | growler or crowler, which is not an original manufacturer | ||||||
| 2 | container, but is a reusable rigid container that holds up to | ||||||
| 3 | 128 fluid ounces of beer and is designed to be sealed on | ||||||
| 4 | premises by the licensee for off-premises consumption, if the | ||||||
| 5 | following requirements are met: | ||||||
| 6 | (1) the beer is transferred within the licensed | ||||||
| 7 | premises by an employee of the licensed premises at the | ||||||
| 8 | time of sale; | ||||||
| 9 | (2) the person transferring the alcohol to be sold to | ||||||
| 10 | the end consumer is 21 years of age or older; | ||||||
| 11 | (3) the growler or crowler holds no more than 128 fluid | ||||||
| 12 | ounces; | ||||||
| 13 | (4) the growler or crowler bears a twist-type closure, | ||||||
| 14 | cork, stopper, or plug and includes a one-time use | ||||||
| 15 | tamper-proof seal; | ||||||
| 16 | (5) the growler or crowler is affixed with a label or | ||||||
| 17 | tag that contains the following information: | ||||||
| 18 | (A) the brand name of the product dispensed; | ||||||
| 19 | (B) the name of the brewer or bottler; | ||||||
| 20 | (C) the type of product, such as beer, ale, lager, | ||||||
| 21 | bock, stout, or other brewed or fermented beverage; | ||||||
| 22 | (D) the net contents; | ||||||
| 23 | (E) the name and address of the business that | ||||||
| 24 | cleaned, sanitized, labeled, and filled or refilled | ||||||
| 25 | the growler or crowler; and | ||||||
| 26 | (F) the date the growler or crowler was filled or | ||||||
| |||||||
| |||||||
| 1 | refilled; | ||||||
| 2 | (5.5) the growler or crowler has been purged with CO2 | ||||||
| 3 | prior to sealing the container; | ||||||
| 4 | (6) the on-premises retail licensee complies with the | ||||||
| 5 | sanitation requirements under subsections (a) through (c) | ||||||
| 6 | of 11 Ill. Adm. Code 100.160 when sanitizing the dispensing | ||||||
| 7 | equipment used to draw beer to fill the growler or crowler | ||||||
| 8 | or refill the growler; | ||||||
| 9 | (7) before filling the growler or crowler or refilling | ||||||
| 10 | the growler, the on-premises retail licensee or licensee's | ||||||
| 11 | employee shall clean and sanitize the growler or crowler in | ||||||
| 12 | one of the following manners: | ||||||
| 13 | (A) By manual washing in a 3-compartment sink. | ||||||
| 14 | (i) Before sanitizing the growler or crowler, | ||||||
| 15 | the sinks and work area shall be cleaned to remove | ||||||
| 16 | any chemicals, oils, or grease from other cleaning | ||||||
| 17 | activities. | ||||||
| 18 | (ii) Any residual liquid from the growler | ||||||
| 19 | shall be emptied into a drain. A growler shall not | ||||||
| 20 | be emptied into the cleaning water. | ||||||
| 21 | (iii) The growler and cap shall be cleaned in | ||||||
| 22 | water and detergent. The water temperature shall | ||||||
| 23 | be, at a minimum, 110 degrees Fahrenheit or the | ||||||
| 24 | temperature specified on the cleaning agent | ||||||
| 25 | manufacturer's label instructions. The detergent | ||||||
| 26 | shall not be fat-based or oil-based. | ||||||
| |||||||
| |||||||
| 1 | (iv) Any residues on the interior and exterior | ||||||
| 2 | of the growler shall be removed. | ||||||
| 3 | (v) The growler and cap shall be rinsed with | ||||||
| 4 | water in the middle compartment. Rinsing may be | ||||||
| 5 | from the spigot with a spray arm, from a spigot, or | ||||||
| 6 | from a tub as long as the water for rinsing is not | ||||||
| 7 | stagnant but is continually refreshed. | ||||||
| 8 | (vi) The growler shall be sanitized in the | ||||||
| 9 | third compartment. Chemical sanitizer shall be | ||||||
| 10 | used in accordance with the United States | ||||||
| 11 | Environmental Protection Agency-registered label | ||||||
| 12 | use instructions and shall meet the minimum water | ||||||
| 13 | temperature requirements of that chemical. | ||||||
| 14 | (vii) A test kit or other device that | ||||||
| 15 | accurately measures the concentration in | ||||||
| 16 | milligrams per liter of chemical sanitizing | ||||||
| 17 | solutions shall be provided and be readily | ||||||
| 18 | accessible for use. | ||||||
| 19 | (B) By using a mechanical washing and sanitizing | ||||||
| 20 | machine. | ||||||
| 21 | (i) Mechanical washing and sanitizing machines | ||||||
| 22 | shall be provided with an easily accessible and | ||||||
| 23 | readable data plate affixed to the machine by the | ||||||
| 24 | manufacturer and shall be used according to the | ||||||
| 25 | machine's design and operation specifications. | ||||||
| 26 | (ii) Mechanical washing and sanitizing | ||||||
| |||||||
| |||||||
| 1 | machines shall be equipped with chemical or hot | ||||||
| 2 | water sanitization. | ||||||
| 3 | (iii) The concentration of the sanitizing | ||||||
| 4 | solution or the water temperature shall be | ||||||
| 5 | accurately determined by using a test kit or other | ||||||
| 6 | device. | ||||||
| 7 | (iv) The machine shall be regularly serviced | ||||||
| 8 | based upon the manufacturer's or installer's | ||||||
| 9 | guidelines. | ||||||
| 10 | (C) By transferring beer to a growler or crowler | ||||||
| 11 | with a tube. | ||||||
| 12 | (i) Beer may be transferred to a growler or | ||||||
| 13 | crowler from the bottom of the growler or crowler | ||||||
| 14 | to the top with a tube that is attached to the tap | ||||||
| 15 | and extends to the bottom of the growler or crowler | ||||||
| 16 | or with a commercial filling machine. | ||||||
| 17 | (ii) Food grade sanitizer shall be used in | ||||||
| 18 | accordance with the United States Environmental | ||||||
| 19 | Protection Agency-registered label use | ||||||
| 20 | instructions. | ||||||
| 21 | (iii) A container of liquid food grade | ||||||
| 22 | sanitizer shall be maintained for no more than 10 | ||||||
| 23 | malt beverage taps that will be used for filling | ||||||
| 24 | growlers or crowlers and refilling growlers. | ||||||
| 25 | (iv) Each container shall contain no less than | ||||||
| 26 | 5 tubes that will be used only for filling growlers | ||||||
| |||||||
| |||||||
| 1 | or crowlers and refilling growlers. | ||||||
| 2 | (v) The growler or crowler must be inspected | ||||||
| 3 | visually for contamination. | ||||||
| 4 | (vi) After each transfer of beer to a growler | ||||||
| 5 | or crowler, the tube shall be immersed in the | ||||||
| 6 | container with the liquid food grade sanitizer. | ||||||
| 7 | (vii) A different tube from the container must | ||||||
| 8 | be used for each fill of a growler or crowler or | ||||||
| 9 | refill of a growler. | ||||||
| 10 | (c) Growlers and crowlers that comply with items (4) and | ||||||
| 11 | (5) of subsection (b) shall not be deemed an unsealed container | ||||||
| 12 | for purposes of Section 11-502 of the Illinois Vehicle Code. | ||||||
| 13 | (d) Growlers and crowlers, as described and authorized | ||||||
| 14 | under this Section, are not original packages for the purposes | ||||||
| 15 | of this Act. Upon a consumer taking possession of a growler or | ||||||
| 16 | crowler from an on-premises retail licensee, the growler or | ||||||
| 17 | crowler and its contents are deemed to be in the sole custody, | ||||||
| 18 | control, and care of the consumer. | ||||||
| 19 | (Source: P.A. 101-16, eff. 6-14-19; 101-517, eff. 8-23-19; | ||||||
| 20 | revised 9-18-19.)
| ||||||
| 21 | Section 520. The Illinois Public Aid Code is amended by | ||||||
| 22 | changing Sections 5-5, 5-5.07, 5-5.2, 5-5e, 5-16.8, 5A-8, 5H-1, | ||||||
| 23 | 5H-5, 5H-6, 11-5.4, and 14-12, by setting forth and
renumbering | ||||||
| 24 | multiple versions of Section 5-30.11 and 12-4.13c, and by | ||||||
| 25 | setting forth,
renumbering, and changing multiple versions of | ||||||
| |||||||
| |||||||
| 1 | Section 5-36 as follows:
| ||||||
| 2 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
| 3 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 4 | rule, shall
determine the quantity and quality of and the rate | ||||||
| 5 | of reimbursement for the
medical assistance for which
payment | ||||||
| 6 | will be authorized, and the medical services to be provided,
| ||||||
| 7 | which may include all or part of the following: (1) inpatient | ||||||
| 8 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
| 9 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
| 10 | services; (5) physicians'
services whether furnished in the | ||||||
| 11 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
| 12 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
| 13 | care furnished by licensed practitioners; (7)
home health care | ||||||
| 14 | services; (8) private duty nursing service; (9) clinic
| ||||||
| 15 | services; (10) dental services, including prevention and | ||||||
| 16 | treatment of periodontal disease and dental caries disease for | ||||||
| 17 | pregnant women, provided by an individual licensed to practice | ||||||
| 18 | dentistry or dental surgery; for purposes of this item (10), | ||||||
| 19 | "dental services" means diagnostic, preventive, or corrective | ||||||
| 20 | procedures provided by or under the supervision of a dentist in | ||||||
| 21 | the practice of his or her profession; (11) physical therapy | ||||||
| 22 | and related
services; (12) prescribed drugs, dentures, and | ||||||
| 23 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
| 24 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
| 25 | whichever the person may select; (13) other
diagnostic, | ||||||
| |||||||
| |||||||
| 1 | screening, preventive, and rehabilitative services, including | ||||||
| 2 | to ensure that the individual's need for intervention or | ||||||
| 3 | treatment of mental disorders or substance use disorders or | ||||||
| 4 | co-occurring mental health and substance use disorders is | ||||||
| 5 | determined using a uniform screening, assessment, and | ||||||
| 6 | evaluation process inclusive of criteria, for children and | ||||||
| 7 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 8 | assessment, and evaluation process refers to a process that | ||||||
| 9 | includes an appropriate evaluation and, as warranted, a | ||||||
| 10 | referral; "uniform" does not mean the use of a singular | ||||||
| 11 | instrument, tool, or process that all must utilize; (14)
| ||||||
| 12 | transportation and such other expenses as may be necessary; | ||||||
| 13 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
| 14 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 15 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
| 16 | assault, including
examinations and laboratory tests to | ||||||
| 17 | discover evidence which may be used in
criminal proceedings | ||||||
| 18 | arising from the sexual assault; (16) the
diagnosis and | ||||||
| 19 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
| 20 | care, and any other type of remedial care recognized
under the | ||||||
| 21 | laws of this State. The term "any other type of remedial care" | ||||||
| 22 | shall
include nursing care and nursing home service for persons | ||||||
| 23 | who rely on
treatment by spiritual means alone through prayer | ||||||
| 24 | for healing.
| ||||||
| 25 | Notwithstanding any other provision of this Section, a | ||||||
| 26 | comprehensive
tobacco use cessation program that includes | ||||||
| |||||||
| |||||||
| 1 | purchasing prescription drugs or
prescription medical devices | ||||||
| 2 | approved by the Food and Drug Administration shall
be covered | ||||||
| 3 | under the medical assistance
program under this Article for | ||||||
| 4 | persons who are otherwise eligible for
assistance under this | ||||||
| 5 | Article.
| ||||||
| 6 | Notwithstanding any other provision of this Code, | ||||||
| 7 | reproductive health care that is otherwise legal in Illinois | ||||||
| 8 | shall be covered under the medical assistance program for | ||||||
| 9 | persons who are otherwise eligible for medical assistance under | ||||||
| 10 | this Article. | ||||||
| 11 | Notwithstanding any other provision of this Code, the | ||||||
| 12 | Illinois
Department may not require, as a condition of payment | ||||||
| 13 | for any laboratory
test authorized under this Article, that a | ||||||
| 14 | physician's handwritten signature
appear on the laboratory | ||||||
| 15 | test order form. The Illinois Department may,
however, impose | ||||||
| 16 | other appropriate requirements regarding laboratory test
order | ||||||
| 17 | documentation.
| ||||||
| 18 | Upon receipt of federal approval of an amendment to the | ||||||
| 19 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
| 20 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
| 21 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
| 22 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
| 23 | that its vendor or vendors are enrolled as providers in the | ||||||
| 24 | medical assistance program and in any capitated Medicaid | ||||||
| 25 | managed care entity (MCE) serving individuals enrolled in a | ||||||
| 26 | school within the CPS system. Under any contract procured under | ||||||
| |||||||
| |||||||
| 1 | this provision, the vendor or vendors must serve only | ||||||
| 2 | individuals enrolled in a school within the CPS system. Claims | ||||||
| 3 | for services provided by CPS's vendor or vendors to recipients | ||||||
| 4 | of benefits in the medical assistance program under this Code, | ||||||
| 5 | the Children's Health Insurance Program, or the Covering ALL | ||||||
| 6 | KIDS Health Insurance Program shall be submitted to the | ||||||
| 7 | Department or the MCE in which the individual is enrolled for | ||||||
| 8 | payment and shall be reimbursed at the Department's or the | ||||||
| 9 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
| 10 | On and after July 1, 2012, the Department of Healthcare and | ||||||
| 11 | Family Services may provide the following services to
persons
| ||||||
| 12 | eligible for assistance under this Article who are | ||||||
| 13 | participating in
education, training or employment programs | ||||||
| 14 | operated by the Department of Human
Services as successor to | ||||||
| 15 | the Department of Public Aid:
| ||||||
| 16 | (1) dental services provided by or under the | ||||||
| 17 | supervision of a dentist; and
| ||||||
| 18 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
| 19 | diseases of the
eye, or by an optometrist, whichever the | ||||||
| 20 | person may select.
| ||||||
| 21 | On and after July 1, 2018, the Department of Healthcare and | ||||||
| 22 | Family Services shall provide dental services to any adult who | ||||||
| 23 | is otherwise eligible for assistance under the medical | ||||||
| 24 | assistance program. As used in this paragraph, "dental | ||||||
| 25 | services" means diagnostic, preventative, restorative, or | ||||||
| 26 | corrective procedures, including procedures and services for | ||||||
| |||||||
| |||||||
| 1 | the prevention and treatment of periodontal disease and dental | ||||||
| 2 | caries disease, provided by an individual who is licensed to | ||||||
| 3 | practice dentistry or dental surgery or who is under the | ||||||
| 4 | supervision of a dentist in the practice of his or her | ||||||
| 5 | profession. | ||||||
| 6 | On and after July 1, 2018, targeted dental services, as set | ||||||
| 7 | forth in Exhibit D of the Consent Decree entered by the United | ||||||
| 8 | States District Court for the Northern District of Illinois, | ||||||
| 9 | Eastern Division, in the matter of Memisovski v. Maram, Case | ||||||
| 10 | No. 92 C 1982, that are provided to adults under the medical | ||||||
| 11 | assistance program shall be established at no less than the | ||||||
| 12 | rates set forth in the "New Rate" column in Exhibit D of the | ||||||
| 13 | Consent Decree for targeted dental services that are provided | ||||||
| 14 | to persons under the age of 18 under the medical assistance | ||||||
| 15 | program. | ||||||
| 16 | Notwithstanding any other provision of this Code and | ||||||
| 17 | subject to federal approval, the Department may adopt rules to | ||||||
| 18 | allow a dentist who is volunteering his or her service at no | ||||||
| 19 | cost to render dental services through an enrolled | ||||||
| 20 | not-for-profit health clinic without the dentist personally | ||||||
| 21 | enrolling as a participating provider in the medical assistance | ||||||
| 22 | program. A not-for-profit health clinic shall include a public | ||||||
| 23 | health clinic or Federally Qualified Health Center or other | ||||||
| 24 | enrolled provider, as determined by the Department, through | ||||||
| 25 | which dental services covered under this Section are performed. | ||||||
| 26 | The Department shall establish a process for payment of claims | ||||||
| |||||||
| |||||||
| 1 | for reimbursement for covered dental services rendered under | ||||||
| 2 | this provision. | ||||||
| 3 | The Illinois Department, by rule, may distinguish and | ||||||
| 4 | classify the
medical services to be provided only in accordance | ||||||
| 5 | with the classes of
persons designated in Section 5-2.
| ||||||
| 6 | The Department of Healthcare and Family Services must | ||||||
| 7 | provide coverage and reimbursement for amino acid-based | ||||||
| 8 | elemental formulas, regardless of delivery method, for the | ||||||
| 9 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 10 | short bowel syndrome when the prescribing physician has issued | ||||||
| 11 | a written order stating that the amino acid-based elemental | ||||||
| 12 | formula is medically necessary.
| ||||||
| 13 | The Illinois Department shall authorize the provision of, | ||||||
| 14 | and shall
authorize payment for, screening by low-dose | ||||||
| 15 | mammography for the presence of
occult breast cancer for women | ||||||
| 16 | 35 years of age or older who are eligible
for medical | ||||||
| 17 | assistance under this Article, as follows: | ||||||
| 18 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
| 19 | age.
| ||||||
| 20 | (B) An annual mammogram for women 40 years of age or | ||||||
| 21 | older. | ||||||
| 22 | (C) A mammogram at the age and intervals considered | ||||||
| 23 | medically necessary by the woman's health care provider for | ||||||
| 24 | women under 40 years of age and having a family history of | ||||||
| 25 | breast cancer, prior personal history of breast cancer, | ||||||
| 26 | positive genetic testing, or other risk factors. | ||||||
| |||||||
| |||||||
| 1 | (D) A comprehensive ultrasound screening and MRI of an | ||||||
| 2 | entire breast or breasts if a mammogram demonstrates | ||||||
| 3 | heterogeneous or dense breast tissue or when medically | ||||||
| 4 | necessary as determined by a physician licensed to practice | ||||||
| 5 | medicine in all of its branches. | ||||||
| 6 | (E) A screening MRI when medically necessary, as | ||||||
| 7 | determined by a physician licensed to practice medicine in | ||||||
| 8 | all of its branches. | ||||||
| 9 | (F) A diagnostic mammogram when medically necessary, | ||||||
| 10 | as determined by a physician licensed to practice medicine | ||||||
| 11 | in all its branches, advanced practice registered nurse, or | ||||||
| 12 | physician assistant. | ||||||
| 13 | The Department shall not impose a deductible, coinsurance, | ||||||
| 14 | copayment, or any other cost-sharing requirement on the | ||||||
| 15 | coverage provided under this paragraph; except that this | ||||||
| 16 | sentence does not apply to coverage of diagnostic mammograms to | ||||||
| 17 | the extent such coverage would disqualify a high-deductible | ||||||
| 18 | health plan from eligibility for a health savings account | ||||||
| 19 | pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. | ||||||
| 20 | 223). | ||||||
| 21 | All screenings
shall
include a physical breast exam, | ||||||
| 22 | instruction on self-examination and
information regarding the | ||||||
| 23 | frequency of self-examination and its value as a
preventative | ||||||
| 24 | tool. | ||||||
| 25 | For purposes of this Section: | ||||||
| 26 | "Diagnostic
mammogram" means a mammogram obtained using | ||||||
| |||||||
| |||||||
| 1 | diagnostic mammography. | ||||||
| 2 | "Diagnostic
mammography" means a method of screening that | ||||||
| 3 | is designed to
evaluate an abnormality in a breast, including | ||||||
| 4 | an abnormality seen
or suspected on a screening mammogram or a | ||||||
| 5 | subjective or objective
abnormality otherwise detected in the | ||||||
| 6 | breast. | ||||||
| 7 | "Low-dose mammography" means
the x-ray examination of the | ||||||
| 8 | breast using equipment dedicated specifically
for mammography, | ||||||
| 9 | including the x-ray tube, filter, compression device,
and image | ||||||
| 10 | receptor, with an average radiation exposure delivery
of less | ||||||
| 11 | than one rad per breast for 2 views of an average size breast.
| ||||||
| 12 | The term also includes digital mammography and includes breast | ||||||
| 13 | tomosynthesis. | ||||||
| 14 | "Breast tomosynthesis" means a radiologic procedure that | ||||||
| 15 | involves the acquisition of projection images over the | ||||||
| 16 | stationary breast to produce cross-sectional digital | ||||||
| 17 | three-dimensional images of the breast. | ||||||
| 18 | If, at any time, the Secretary of the United States | ||||||
| 19 | Department of Health and Human Services, or its successor | ||||||
| 20 | agency, promulgates rules or regulations to be published in the | ||||||
| 21 | Federal Register or publishes a comment in the Federal Register | ||||||
| 22 | or issues an opinion, guidance, or other action that would | ||||||
| 23 | require the State, pursuant to any provision of the Patient | ||||||
| 24 | Protection and Affordable Care Act (Public Law 111-148), | ||||||
| 25 | including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any | ||||||
| 26 | successor provision, to defray the cost of any coverage for | ||||||
| |||||||
| |||||||
| 1 | breast tomosynthesis outlined in this paragraph, then the | ||||||
| 2 | requirement that an insurer cover breast tomosynthesis is | ||||||
| 3 | inoperative other than any such coverage authorized under | ||||||
| 4 | Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | ||||||
| 5 | the State shall not assume any obligation for the cost of | ||||||
| 6 | coverage for breast tomosynthesis set forth in this paragraph.
| ||||||
| 7 | On and after January 1, 2016, the Department shall ensure | ||||||
| 8 | that all networks of care for adult clients of the Department | ||||||
| 9 | include access to at least one breast imaging Center of Imaging | ||||||
| 10 | Excellence as certified by the American College of Radiology. | ||||||
| 11 | On and after January 1, 2012, providers participating in a | ||||||
| 12 | quality improvement program approved by the Department shall be | ||||||
| 13 | reimbursed for screening and diagnostic mammography at the same | ||||||
| 14 | rate as the Medicare program's rates, including the increased | ||||||
| 15 | reimbursement for digital mammography. | ||||||
| 16 | The Department shall convene an expert panel including | ||||||
| 17 | representatives of hospitals, free-standing mammography | ||||||
| 18 | facilities, and doctors, including radiologists, to establish | ||||||
| 19 | quality standards for mammography. | ||||||
| 20 | On and after January 1, 2017, providers participating in a | ||||||
| 21 | breast cancer treatment quality improvement program approved | ||||||
| 22 | by the Department shall be reimbursed for breast cancer | ||||||
| 23 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
| 24 | program's rates for the data elements included in the breast | ||||||
| 25 | cancer treatment quality program. | ||||||
| 26 | The Department shall convene an expert panel, including | ||||||
| |||||||
| |||||||
| 1 | representatives of hospitals, free-standing breast cancer | ||||||
| 2 | treatment centers, breast cancer quality organizations, and | ||||||
| 3 | doctors, including breast surgeons, reconstructive breast | ||||||
| 4 | surgeons, oncologists, and primary care providers to establish | ||||||
| 5 | quality standards for breast cancer treatment. | ||||||
| 6 | Subject to federal approval, the Department shall | ||||||
| 7 | establish a rate methodology for mammography at federally | ||||||
| 8 | qualified health centers and other encounter-rate clinics. | ||||||
| 9 | These clinics or centers may also collaborate with other | ||||||
| 10 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
| 11 | Department shall report to the General Assembly on the status | ||||||
| 12 | of the provision set forth in this paragraph. | ||||||
| 13 | The Department shall establish a methodology to remind | ||||||
| 14 | women who are age-appropriate for screening mammography, but | ||||||
| 15 | who have not received a mammogram within the previous 18 | ||||||
| 16 | months, of the importance and benefit of screening mammography. | ||||||
| 17 | The Department shall work with experts in breast cancer | ||||||
| 18 | outreach and patient navigation to optimize these reminders and | ||||||
| 19 | shall establish a methodology for evaluating their | ||||||
| 20 | effectiveness and modifying the methodology based on the | ||||||
| 21 | evaluation. | ||||||
| 22 | The Department shall establish a performance goal for | ||||||
| 23 | primary care providers with respect to their female patients | ||||||
| 24 | over age 40 receiving an annual mammogram. This performance | ||||||
| 25 | goal shall be used to provide additional reimbursement in the | ||||||
| 26 | form of a quality performance bonus to primary care providers | ||||||
| |||||||
| |||||||
| 1 | who meet that goal. | ||||||
| 2 | The Department shall devise a means of case-managing or | ||||||
| 3 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 4 | cancer. This program shall initially operate as a pilot program | ||||||
| 5 | in areas of the State with the highest incidence of mortality | ||||||
| 6 | related to breast cancer. At least one pilot program site shall | ||||||
| 7 | be in the metropolitan Chicago area and at least one site shall | ||||||
| 8 | be outside the metropolitan Chicago area. On or after July 1, | ||||||
| 9 | 2016, the pilot program shall be expanded to include one site | ||||||
| 10 | in western Illinois, one site in southern Illinois, one site in | ||||||
| 11 | central Illinois, and 4 sites within metropolitan Chicago. An | ||||||
| 12 | evaluation of the pilot program shall be carried out measuring | ||||||
| 13 | health outcomes and cost of care for those served by the pilot | ||||||
| 14 | program compared to similarly situated patients who are not | ||||||
| 15 | served by the pilot program. | ||||||
| 16 | The Department shall require all networks of care to | ||||||
| 17 | develop a means either internally or by contract with experts | ||||||
| 18 | in navigation and community outreach to navigate cancer | ||||||
| 19 | patients to comprehensive care in a timely fashion. The | ||||||
| 20 | Department shall require all networks of care to include access | ||||||
| 21 | for patients diagnosed with cancer to at least one academic | ||||||
| 22 | commission on cancer-accredited cancer program as an | ||||||
| 23 | in-network covered benefit. | ||||||
| 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 having a substance use disorder as | ||||||
| |||||||
| |||||||
| 1 | defined in the Substance Use Disorder Act, referral to a local | ||||||
| 2 | substance use disorder treatment program licensed by the | ||||||
| 3 | Department of Human Services or to a licensed
hospital which | ||||||
| 4 | provides substance abuse treatment services. The Department of | ||||||
| 5 | Healthcare and Family Services
shall assure coverage for the | ||||||
| 6 | cost of treatment of the drug abuse or
addiction for pregnant | ||||||
| 7 | recipients in accordance with the Illinois Medicaid
Program in | ||||||
| 8 | conjunction with the Department of Human Services.
| ||||||
| 9 | All medical providers providing medical assistance to | ||||||
| 10 | pregnant women
under this Code shall receive information from | ||||||
| 11 | the Department on the
availability of services under any
| ||||||
| 12 | program providing case management services for addicted women,
| ||||||
| 13 | including information on appropriate referrals for other | ||||||
| 14 | social services
that may be needed by addicted women in | ||||||
| 15 | addition to treatment for addiction.
| ||||||
| 16 | The Illinois Department, in cooperation with the | ||||||
| 17 | Departments of Human
Services (as successor to the Department | ||||||
| 18 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
| 19 | public awareness campaign, may
provide information concerning | ||||||
| 20 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
| 21 | health care, and other pertinent programs directed at
reducing | ||||||
| 22 | the number of drug-affected infants born to recipients of | ||||||
| 23 | medical
assistance.
| ||||||
| 24 | Neither the Department of Healthcare and Family Services | ||||||
| 25 | nor the Department of Human
Services shall sanction the | ||||||
| 26 | recipient solely on the basis of
her substance abuse.
| ||||||
| |||||||
| |||||||
| 1 | The Illinois Department shall establish such regulations | ||||||
| 2 | governing
the dispensing of health services under this Article | ||||||
| 3 | as it shall deem
appropriate. The Department
should
seek the | ||||||
| 4 | advice of formal professional advisory committees appointed by
| ||||||
| 5 | the Director of the Illinois Department for the purpose of | ||||||
| 6 | providing regular
advice on policy and administrative matters, | ||||||
| 7 | information dissemination and
educational activities for | ||||||
| 8 | medical and health care providers, and
consistency in | ||||||
| 9 | procedures to the Illinois Department.
| ||||||
| 10 | The Illinois Department may develop and contract with | ||||||
| 11 | Partnerships of
medical providers to arrange medical services | ||||||
| 12 | for persons eligible under
Section 5-2 of this Code. | ||||||
| 13 | Implementation of this Section may be by
demonstration projects | ||||||
| 14 | in certain geographic areas. The Partnership shall
be | ||||||
| 15 | represented by a sponsor organization. The Department, by rule, | ||||||
| 16 | shall
develop qualifications for sponsors of Partnerships. | ||||||
| 17 | Nothing in this
Section shall be construed to require that the | ||||||
| 18 | sponsor organization be a
medical organization.
| ||||||
| 19 | The sponsor must negotiate formal written contracts with | ||||||
| 20 | medical
providers for physician services, inpatient and | ||||||
| 21 | outpatient hospital care,
home health services, treatment for | ||||||
| 22 | alcoholism and substance abuse, and
other services determined | ||||||
| 23 | necessary by the Illinois Department by rule for
delivery by | ||||||
| 24 | Partnerships. Physician services must include prenatal and
| ||||||
| 25 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 26 | medical services
delivered by Partnership providers to clients | ||||||
| |||||||
| |||||||
| 1 | in target areas according to
provisions of this Article and the | ||||||
| 2 | Illinois Health Finance Reform Act,
except that:
| ||||||
| 3 | (1) Physicians participating in a Partnership and | ||||||
| 4 | providing certain
services, which shall be determined by | ||||||
| 5 | the Illinois Department, to persons
in areas covered by the | ||||||
| 6 | Partnership may receive an additional surcharge
for such | ||||||
| 7 | services.
| ||||||
| 8 | (2) The Department may elect to consider and negotiate | ||||||
| 9 | financial
incentives to encourage the development of | ||||||
| 10 | Partnerships and the efficient
delivery of medical care.
| ||||||
| 11 | (3) Persons receiving medical services through | ||||||
| 12 | Partnerships may receive
medical and case management | ||||||
| 13 | services above the level usually offered
through the | ||||||
| 14 | medical assistance program.
| ||||||
| 15 | Medical providers shall be required to meet certain | ||||||
| 16 | qualifications to
participate in Partnerships to ensure the | ||||||
| 17 | delivery of high quality medical
services. These | ||||||
| 18 | qualifications shall be determined by rule of the Illinois
| ||||||
| 19 | Department and may be higher than qualifications for | ||||||
| 20 | participation in the
medical assistance program. Partnership | ||||||
| 21 | sponsors may prescribe reasonable
additional qualifications | ||||||
| 22 | for participation by medical providers, only with
the prior | ||||||
| 23 | written approval of the Illinois Department.
| ||||||
| 24 | Nothing in this Section shall limit the free choice of | ||||||
| 25 | practitioners,
hospitals, and other providers of medical | ||||||
| 26 | services by clients.
In order to ensure patient freedom of | ||||||
| |||||||
| |||||||
| 1 | choice, the Illinois Department shall
immediately promulgate | ||||||
| 2 | all rules and take all other necessary actions so that
provided | ||||||
| 3 | services may be accessed from therapeutically certified | ||||||
| 4 | optometrists
to the full extent of the Illinois Optometric | ||||||
| 5 | Practice Act of 1987 without
discriminating between service | ||||||
| 6 | providers.
| ||||||
| 7 | The Department shall apply for a waiver from the United | ||||||
| 8 | States Health
Care Financing Administration to allow for the | ||||||
| 9 | implementation of
Partnerships under this Section.
| ||||||
| 10 | The Illinois Department shall require health care | ||||||
| 11 | providers to maintain
records that document the medical care | ||||||
| 12 | and services provided to recipients
of Medical Assistance under | ||||||
| 13 | this Article. Such records must be retained for a period of not | ||||||
| 14 | less than 6 years from the date of service or as provided by | ||||||
| 15 | applicable State law, whichever period is longer, except that | ||||||
| 16 | if an audit is initiated within the required retention period | ||||||
| 17 | then the records must be retained until the audit is completed | ||||||
| 18 | and every exception is resolved. The Illinois Department shall
| ||||||
| 19 | require health care providers to make available, when | ||||||
| 20 | authorized by the
patient, in writing, the medical records in a | ||||||
| 21 | timely fashion to other
health care providers who are treating | ||||||
| 22 | or serving persons eligible for
Medical Assistance under this | ||||||
| 23 | Article. All dispensers of medical services
shall be required | ||||||
| 24 | to maintain and retain business and professional records
| ||||||
| 25 | sufficient to fully and accurately document the nature, scope, | ||||||
| 26 | details and
receipt of the health care provided to persons | ||||||
| |||||||
| |||||||
| 1 | eligible for medical
assistance under this Code, in accordance | ||||||
| 2 | with regulations promulgated by
the Illinois Department. The | ||||||
| 3 | rules and regulations shall require that proof
of the receipt | ||||||
| 4 | of prescription drugs, dentures, prosthetic devices and
| ||||||
| 5 | eyeglasses by eligible persons under this Section accompany | ||||||
| 6 | each claim
for reimbursement submitted by the dispenser of such | ||||||
| 7 | medical services.
No such claims for reimbursement shall be | ||||||
| 8 | approved for payment by the Illinois
Department without such | ||||||
| 9 | proof of receipt, unless the Illinois Department
shall have put | ||||||
| 10 | into effect and shall be operating a system of post-payment
| ||||||
| 11 | audit and review which shall, on a sampling basis, be deemed | ||||||
| 12 | adequate by
the Illinois Department to assure that such drugs, | ||||||
| 13 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
| 14 | is being made are actually being
received by eligible | ||||||
| 15 | recipients. Within 90 days after September 16, 1984 (the | ||||||
| 16 | effective date of Public Act 83-1439), the Illinois Department | ||||||
| 17 | shall establish a
current list of acquisition costs for all | ||||||
| 18 | prosthetic devices and any
other items recognized as medical | ||||||
| 19 | equipment and supplies reimbursable under
this Article and | ||||||
| 20 | shall update such list on a quarterly basis, except that
the | ||||||
| 21 | acquisition costs of all prescription drugs shall be updated no
| ||||||
| 22 | less frequently than every 30 days as required by Section | ||||||
| 23 | 5-5.12.
| ||||||
| 24 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 25 | Department shall, within 365 days after July 22, 2013 (the | ||||||
| 26 | effective date of Public Act 98-104), establish procedures to | ||||||
| |||||||
| |||||||
| 1 | permit skilled care facilities licensed under the Nursing Home | ||||||
| 2 | Care Act to submit monthly billing claims for reimbursement | ||||||
| 3 | purposes. Following development of these procedures, the | ||||||
| 4 | Department shall, by July 1, 2016, test the viability of the | ||||||
| 5 | new system and implement any necessary operational or | ||||||
| 6 | structural changes to its information technology platforms in | ||||||
| 7 | order to allow for the direct acceptance and payment of nursing | ||||||
| 8 | home claims. | ||||||
| 9 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 10 | Department shall, within 365 days after August 15, 2014 (the | ||||||
| 11 | effective date of Public Act 98-963), establish procedures to | ||||||
| 12 | permit ID/DD facilities licensed under the ID/DD Community Care | ||||||
| 13 | Act and MC/DD facilities licensed under the MC/DD Act to submit | ||||||
| 14 | monthly billing claims for reimbursement purposes. Following | ||||||
| 15 | development of these procedures, the Department shall have an | ||||||
| 16 | additional 365 days to test the viability of the new system and | ||||||
| 17 | to ensure that any necessary operational or structural changes | ||||||
| 18 | to its information technology platforms are implemented. | ||||||
| 19 | The Illinois Department shall require all dispensers of | ||||||
| 20 | medical
services, other than an individual practitioner or | ||||||
| 21 | group of practitioners,
desiring to participate in the Medical | ||||||
| 22 | Assistance program
established under this Article to disclose | ||||||
| 23 | all financial, beneficial,
ownership, equity, surety or other | ||||||
| 24 | interests in any and all firms,
corporations, partnerships, | ||||||
| 25 | associations, business enterprises, joint
ventures, agencies, | ||||||
| 26 | institutions or other legal entities providing any
form of | ||||||
| |||||||
| |||||||
| 1 | health care services in this State under this Article.
| ||||||
| 2 | The Illinois Department may require that all dispensers of | ||||||
| 3 | medical
services desiring to participate in the medical | ||||||
| 4 | assistance program
established under this Article disclose, | ||||||
| 5 | under such terms and conditions as
the Illinois Department may | ||||||
| 6 | by rule establish, all inquiries from clients
and attorneys | ||||||
| 7 | regarding medical bills paid by the Illinois Department, which
| ||||||
| 8 | inquiries could indicate potential existence of claims or liens | ||||||
| 9 | for the
Illinois Department.
| ||||||
| 10 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
| 11 | period and shall be conditional for one year. During the period | ||||||
| 12 | of conditional enrollment, the Department may
terminate the | ||||||
| 13 | vendor's eligibility to participate in, or may disenroll the | ||||||
| 14 | vendor from, the medical assistance
program without cause. | ||||||
| 15 | Unless otherwise specified, such termination of eligibility or | ||||||
| 16 | disenrollment is not subject to the
Department's hearing | ||||||
| 17 | process.
However, a disenrolled vendor may reapply without | ||||||
| 18 | penalty.
| ||||||
| 19 | The Department has the discretion to limit the conditional | ||||||
| 20 | enrollment period for vendors based upon category of risk of | ||||||
| 21 | the vendor. | ||||||
| 22 | Prior to enrollment and during the conditional enrollment | ||||||
| 23 | period in the medical assistance program, all vendors shall be | ||||||
| 24 | subject to enhanced oversight, screening, and review based on | ||||||
| 25 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 26 | category of risk of the vendor. The Illinois Department shall | ||||||
| |||||||
| |||||||
| 1 | establish the procedures for oversight, screening, and review, | ||||||
| 2 | which may include, but need not be limited to: criminal and | ||||||
| 3 | financial background checks; fingerprinting; license, | ||||||
| 4 | certification, and authorization verifications; unscheduled or | ||||||
| 5 | unannounced site visits; database checks; prepayment audit | ||||||
| 6 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 7 | screening as required by federal or State law. | ||||||
| 8 | The Department shall define or specify the following: (i) | ||||||
| 9 | by provider notice, the "category of risk of the vendor" for | ||||||
| 10 | each type of vendor, which shall take into account the level of | ||||||
| 11 | screening applicable to a particular category of vendor under | ||||||
| 12 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 13 | the maximum length of the conditional enrollment period for | ||||||
| 14 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 15 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 16 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 17 | the conditional enrollment period. | ||||||
| 18 | To be eligible for payment consideration, a vendor's | ||||||
| 19 | payment claim or bill, either as an initial claim or as a | ||||||
| 20 | resubmitted claim following prior rejection, must be received | ||||||
| 21 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 22 | later than 180 days after the latest date on the claim on which | ||||||
| 23 | medical goods or services were provided, with the following | ||||||
| 24 | exceptions: | ||||||
| 25 | (1) In the case of a provider whose enrollment is in | ||||||
| 26 | process by the Illinois Department, the 180-day period | ||||||
| |||||||
| |||||||
| 1 | shall not begin until the date on the written notice from | ||||||
| 2 | the Illinois Department that the provider enrollment is | ||||||
| 3 | complete. | ||||||
| 4 | (2) In the case of errors attributable to the Illinois | ||||||
| 5 | Department or any of its claims processing intermediaries | ||||||
| 6 | which result in an inability to receive, process, or | ||||||
| 7 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 8 | until the provider has been notified of the error. | ||||||
| 9 | (3) In the case of a provider for whom the Illinois | ||||||
| 10 | Department initiates the monthly billing process. | ||||||
| 11 | (4) In the case of a provider operated by a unit of | ||||||
| 12 | local government with a population exceeding 3,000,000 | ||||||
| 13 | when local government funds finance federal participation | ||||||
| 14 | for claims payments. | ||||||
| 15 | For claims for services rendered during a period for which | ||||||
| 16 | a recipient received retroactive eligibility, claims must be | ||||||
| 17 | filed within 180 days after the Department determines the | ||||||
| 18 | applicant is eligible. For claims for which the Illinois | ||||||
| 19 | Department is not the primary payer, claims must be submitted | ||||||
| 20 | to the Illinois Department within 180 days after the final | ||||||
| 21 | adjudication by the primary payer. | ||||||
| 22 | In the case of long term care facilities, within 45 | ||||||
| 23 | calendar days of receipt by the facility of required | ||||||
| 24 | prescreening information, new admissions with associated | ||||||
| 25 | admission documents shall be submitted through the Medical | ||||||
| 26 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
| |||||||
| |||||||
| 1 | Eligibility Verification (REV) System or shall be submitted | ||||||
| 2 | directly to the Department of Human Services using required | ||||||
| 3 | admission forms. Effective September
1, 2014, admission | ||||||
| 4 | documents, including all prescreening
information, must be | ||||||
| 5 | submitted through MEDI or REV. Confirmation numbers assigned to | ||||||
| 6 | an accepted transaction shall be retained by a facility to | ||||||
| 7 | verify timely submittal. Once an admission transaction has been | ||||||
| 8 | completed, all resubmitted claims following prior rejection | ||||||
| 9 | are subject to receipt no later than 180 days after the | ||||||
| 10 | admission transaction has been completed. | ||||||
| 11 | Claims that are not submitted and received in compliance | ||||||
| 12 | with the foregoing requirements shall not be eligible for | ||||||
| 13 | payment under the medical assistance program, and the State | ||||||
| 14 | shall have no liability for payment of those claims. | ||||||
| 15 | To the extent consistent with applicable information and | ||||||
| 16 | privacy, security, and disclosure laws, State and federal | ||||||
| 17 | agencies and departments shall provide the Illinois Department | ||||||
| 18 | access to confidential and other information and data necessary | ||||||
| 19 | to perform eligibility and payment verifications and other | ||||||
| 20 | Illinois Department functions. This includes, but is not | ||||||
| 21 | limited to: information pertaining to licensure; | ||||||
| 22 | certification; earnings; immigration status; citizenship; wage | ||||||
| 23 | reporting; unearned and earned income; pension income; | ||||||
| 24 | employment; supplemental security income; social security | ||||||
| 25 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 26 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| |||||||
| |||||||
| 1 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 2 | corporate information; and death records. | ||||||
| 3 | The Illinois Department shall enter into agreements with | ||||||
| 4 | State agencies and departments, and is authorized to enter into | ||||||
| 5 | agreements with federal agencies and departments, under which | ||||||
| 6 | such agencies and departments shall share data necessary for | ||||||
| 7 | medical assistance program integrity functions and oversight. | ||||||
| 8 | The Illinois Department shall develop, in cooperation with | ||||||
| 9 | other State departments and agencies, and in compliance with | ||||||
| 10 | applicable federal laws and regulations, appropriate and | ||||||
| 11 | effective methods to share such data. At a minimum, and to the | ||||||
| 12 | extent necessary to provide data sharing, the Illinois | ||||||
| 13 | Department shall enter into agreements with State agencies and | ||||||
| 14 | departments, and is authorized to enter into agreements with | ||||||
| 15 | federal agencies and departments, including, but not limited | ||||||
| 16 | to: the Secretary of State; the Department of Revenue; the | ||||||
| 17 | Department of Public Health; the Department of Human Services; | ||||||
| 18 | and the Department of Financial and Professional Regulation. | ||||||
| 19 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 20 | shall set forth a request for information to identify the | ||||||
| 21 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 22 | claims system with the goals of streamlining claims processing | ||||||
| 23 | and provider reimbursement, reducing the number of pending or | ||||||
| 24 | rejected claims, and helping to ensure a more transparent | ||||||
| 25 | adjudication process through the utilization of: (i) provider | ||||||
| 26 | data verification and provider screening technology; and (ii) | ||||||
| |||||||
| |||||||
| 1 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
| 2 | post-adjudicated predictive modeling with an integrated case | ||||||
| 3 | management system with link analysis. Such a request for | ||||||
| 4 | information shall not be considered as a request for proposal | ||||||
| 5 | or as an obligation on the part of the Illinois Department to | ||||||
| 6 | take any action or acquire any products or services. | ||||||
| 7 | The Illinois Department shall establish policies, | ||||||
| 8 | procedures,
standards and criteria by rule for the acquisition, | ||||||
| 9 | repair and replacement
of orthotic and prosthetic devices and | ||||||
| 10 | durable medical equipment. Such
rules shall provide, but not be | ||||||
| 11 | limited to, the following services: (1)
immediate repair or | ||||||
| 12 | replacement of such devices by recipients; and (2) rental, | ||||||
| 13 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
| 14 | in a cost-effective manner, taking into
consideration the | ||||||
| 15 | recipient's medical prognosis, the extent of the
recipient's | ||||||
| 16 | needs, and the requirements and costs for maintaining such
| ||||||
| 17 | equipment. Subject to prior approval, such rules shall enable a | ||||||
| 18 | recipient to temporarily acquire and
use alternative or | ||||||
| 19 | substitute devices or equipment pending repairs or
| ||||||
| 20 | replacements of any device or equipment previously authorized | ||||||
| 21 | for such
recipient by the Department. Notwithstanding any | ||||||
| 22 | provision of Section 5-5f to the contrary, the Department may, | ||||||
| 23 | by rule, exempt certain replacement wheelchair parts from prior | ||||||
| 24 | approval and, for wheelchairs, wheelchair parts, wheelchair | ||||||
| 25 | accessories, and related seating and positioning items, | ||||||
| 26 | determine the wholesale price by methods other than actual | ||||||
| |||||||
| |||||||
| 1 | acquisition costs. | ||||||
| 2 | The Department shall require, by rule, all providers of | ||||||
| 3 | durable medical equipment to be accredited by an accreditation | ||||||
| 4 | organization approved by the federal Centers for Medicare and | ||||||
| 5 | Medicaid Services and recognized by the Department in order to | ||||||
| 6 | bill the Department for providing durable medical equipment to | ||||||
| 7 | recipients. No later than 15 months after the effective date of | ||||||
| 8 | the rule adopted pursuant to this paragraph, all providers must | ||||||
| 9 | meet the accreditation requirement.
| ||||||
| 10 | In order to promote environmental responsibility, meet the | ||||||
| 11 | needs of recipients and enrollees, and achieve significant cost | ||||||
| 12 | savings, the Department, or a managed care organization under | ||||||
| 13 | contract with the Department, may provide recipients or managed | ||||||
| 14 | care enrollees who have a prescription or Certificate of | ||||||
| 15 | Medical Necessity access to refurbished durable medical | ||||||
| 16 | equipment under this Section (excluding prosthetic and | ||||||
| 17 | orthotic devices as defined in the Orthotics, Prosthetics, and | ||||||
| 18 | Pedorthics Practice Act and complex rehabilitation technology | ||||||
| 19 | products and associated services) through the State's | ||||||
| 20 | assistive technology program's reutilization program, using | ||||||
| 21 | staff with the Assistive Technology Professional (ATP) | ||||||
| 22 | Certification if the refurbished durable medical equipment: | ||||||
| 23 | (i) is available; (ii) is less expensive, including shipping | ||||||
| 24 | costs, than new durable medical equipment of the same type; | ||||||
| 25 | (iii) is able to withstand at least 3 years of use; (iv) is | ||||||
| 26 | cleaned, disinfected, sterilized, and safe in accordance with | ||||||
| |||||||
| |||||||
| 1 | federal Food and Drug Administration regulations and guidance | ||||||
| 2 | governing the reprocessing of medical devices in health care | ||||||
| 3 | settings; and (v) equally meets the needs of the recipient or | ||||||
| 4 | enrollee. The reutilization program shall confirm that the | ||||||
| 5 | recipient or enrollee is not already in receipt of same or | ||||||
| 6 | similar equipment from another service provider, and that the | ||||||
| 7 | refurbished durable medical equipment equally meets the needs | ||||||
| 8 | of the recipient or enrollee. Nothing in this paragraph shall | ||||||
| 9 | be construed to limit recipient or enrollee choice to obtain | ||||||
| 10 | new durable medical equipment or place any additional prior | ||||||
| 11 | authorization conditions on enrollees of managed care | ||||||
| 12 | organizations. | ||||||
| 13 | The Department shall execute, relative to the nursing home | ||||||
| 14 | prescreening
project, written inter-agency agreements with the | ||||||
| 15 | Department of Human
Services and the Department on Aging, to | ||||||
| 16 | effect the following: (i) intake
procedures and common | ||||||
| 17 | eligibility criteria for those persons who are receiving
| ||||||
| 18 | non-institutional services; and (ii) the establishment and | ||||||
| 19 | development of
non-institutional services in areas of the State | ||||||
| 20 | where they are not currently
available or are undeveloped; and | ||||||
| 21 | (iii) notwithstanding any other provision of law, subject to | ||||||
| 22 | federal approval, on and after July 1, 2012, an increase in the | ||||||
| 23 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
| 24 | for institutional and home and community-based long term care; | ||||||
| 25 | if and only if federal approval is not granted, the Department | ||||||
| 26 | may, in conjunction with other affected agencies, implement | ||||||
| |||||||
| |||||||
| 1 | utilization controls or changes in benefit packages to | ||||||
| 2 | effectuate a similar savings amount for this population; and | ||||||
| 3 | (iv) no later than July 1, 2013, minimum level of care | ||||||
| 4 | eligibility criteria for institutional and home and | ||||||
| 5 | community-based long term care; and (v) no later than October | ||||||
| 6 | 1, 2013, establish procedures to permit long term care | ||||||
| 7 | providers access to eligibility scores for individuals with an | ||||||
| 8 | admission date who are seeking or receiving services from the | ||||||
| 9 | long term care provider. In order to select the minimum level | ||||||
| 10 | of care eligibility criteria, the Governor shall establish a | ||||||
| 11 | workgroup that includes affected agency representatives and | ||||||
| 12 | stakeholders representing the institutional and home and | ||||||
| 13 | community-based long term care interests. This Section shall | ||||||
| 14 | not restrict the Department from implementing lower level of | ||||||
| 15 | care eligibility criteria for community-based services in | ||||||
| 16 | circumstances where federal approval has been granted.
| ||||||
| 17 | The Illinois Department shall develop and operate, in | ||||||
| 18 | cooperation
with other State Departments and agencies and in | ||||||
| 19 | compliance with
applicable federal laws and regulations, | ||||||
| 20 | appropriate and effective
systems of health care evaluation and | ||||||
| 21 | programs for monitoring of
utilization of health care services | ||||||
| 22 | and facilities, as it affects
persons eligible for medical | ||||||
| 23 | assistance under this Code.
| ||||||
| 24 | The Illinois Department shall report annually to the | ||||||
| 25 | General Assembly,
no later than the second Friday in April of | ||||||
| 26 | 1979 and each year
thereafter, in regard to:
| ||||||
| |||||||
| |||||||
| 1 | (a) actual statistics and trends in utilization of | ||||||
| 2 | medical services by
public aid recipients;
| ||||||
| 3 | (b) actual statistics and trends in the provision of | ||||||
| 4 | the various medical
services by medical vendors;
| ||||||
| 5 | (c) current rate structures and proposed changes in | ||||||
| 6 | those rate structures
for the various medical vendors; and
| ||||||
| 7 | (d) efforts at utilization review and control by the | ||||||
| 8 | Illinois Department.
| ||||||
| 9 | The period covered by each report shall be the 3 years | ||||||
| 10 | ending on the June
30 prior to the report. The report shall | ||||||
| 11 | include suggested legislation
for consideration by the General | ||||||
| 12 | Assembly. The requirement for reporting to the General Assembly | ||||||
| 13 | shall be satisfied
by filing copies of the report as required | ||||||
| 14 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
| 15 | filing such additional
copies
with the State Government Report | ||||||
| 16 | Distribution Center for the General
Assembly as is required | ||||||
| 17 | under paragraph (t) of Section 7 of the State
Library Act.
| ||||||
| 18 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 19 | any, is conditioned on the rules being adopted in accordance | ||||||
| 20 | with all provisions of the Illinois Administrative Procedure | ||||||
| 21 | Act and all rules and procedures of the Joint Committee on | ||||||
| 22 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 23 | whatever reason, is unauthorized. | ||||||
| 24 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 25 | rate of reimbursement for services or other payments or alter | ||||||
| 26 | any methodologies authorized by this Code to reduce any rate of | ||||||
| |||||||
| |||||||
| 1 | reimbursement for services or other payments in accordance with | ||||||
| 2 | Section 5-5e. | ||||||
| 3 | Because kidney transplantation can be an appropriate, | ||||||
| 4 | cost-effective
alternative to renal dialysis when medically | ||||||
| 5 | necessary and notwithstanding the provisions of Section 1-11 of | ||||||
| 6 | this Code, beginning October 1, 2014, the Department shall | ||||||
| 7 | cover kidney transplantation for noncitizens with end-stage | ||||||
| 8 | renal disease who are not eligible for comprehensive medical | ||||||
| 9 | benefits, who meet the residency requirements of Section 5-3 of | ||||||
| 10 | this Code, and who would otherwise meet the financial | ||||||
| 11 | requirements of the appropriate class of eligible persons under | ||||||
| 12 | Section 5-2 of this Code. To qualify for coverage of kidney | ||||||
| 13 | transplantation, such person must be receiving emergency renal | ||||||
| 14 | dialysis services covered by the Department. Providers under | ||||||
| 15 | this Section shall be prior approved and certified by the | ||||||
| 16 | Department to perform kidney transplantation and the services | ||||||
| 17 | under this Section shall be limited to services associated with | ||||||
| 18 | kidney transplantation. | ||||||
| 19 | Notwithstanding any other provision of this Code to the | ||||||
| 20 | contrary, on or after July 1, 2015, all FDA approved forms of | ||||||
| 21 | medication assisted treatment prescribed for the treatment of | ||||||
| 22 | alcohol dependence or treatment of opioid dependence shall be | ||||||
| 23 | covered under both fee for service and managed care medical | ||||||
| 24 | assistance programs for persons who are otherwise eligible for | ||||||
| 25 | medical assistance under this Article and shall not be subject | ||||||
| 26 | to any (1) utilization control, other than those established | ||||||
| |||||||
| |||||||
| 1 | under the American Society of Addiction Medicine patient | ||||||
| 2 | placement criteria,
(2) prior authorization mandate, or (3) | ||||||
| 3 | lifetime restriction limit
mandate. | ||||||
| 4 | On or after July 1, 2015, opioid antagonists prescribed for | ||||||
| 5 | the treatment of an opioid overdose, including the medication | ||||||
| 6 | product, administration devices, and any pharmacy fees related | ||||||
| 7 | to the dispensing and administration of the opioid antagonist, | ||||||
| 8 | shall be covered under the medical assistance program for | ||||||
| 9 | persons who are otherwise eligible for medical assistance under | ||||||
| 10 | this Article. As used in this Section, "opioid antagonist" | ||||||
| 11 | means a drug that binds to opioid receptors and blocks or | ||||||
| 12 | inhibits the effect of opioids acting on those receptors, | ||||||
| 13 | including, but not limited to, naloxone hydrochloride or any | ||||||
| 14 | other similarly acting drug approved by the U.S. Food and Drug | ||||||
| 15 | Administration. | ||||||
| 16 | Upon federal approval, the Department shall provide | ||||||
| 17 | coverage and reimbursement for all drugs that are approved for | ||||||
| 18 | marketing by the federal Food and Drug Administration and that | ||||||
| 19 | are recommended by the federal Public Health Service or the | ||||||
| 20 | United States Centers for Disease Control and Prevention for | ||||||
| 21 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
| 22 | services, including, but not limited to, HIV and sexually | ||||||
| 23 | transmitted infection screening, treatment for sexually | ||||||
| 24 | transmitted infections, medical monitoring, assorted labs, and | ||||||
| 25 | counseling to reduce the likelihood of HIV infection among | ||||||
| 26 | individuals who are not infected with HIV but who are at high | ||||||
| |||||||
| |||||||
| 1 | risk of HIV infection. | ||||||
| 2 | A federally qualified health center, as defined in Section | ||||||
| 3 | 1905(l)(2)(B) of the federal
Social Security Act, shall be | ||||||
| 4 | reimbursed by the Department in accordance with the federally | ||||||
| 5 | qualified health center's encounter rate for services provided | ||||||
| 6 | to medical assistance recipients that are performed by a dental | ||||||
| 7 | hygienist, as defined under the Illinois Dental Practice Act, | ||||||
| 8 | working under the general supervision of a dentist and employed | ||||||
| 9 | by a federally qualified health center. | ||||||
| 10 | (Source: P.A. 100-201, eff. 8-18-17; 100-395, eff. 1-1-18; | ||||||
| 11 | 100-449, eff. 1-1-18; 100-538, eff. 1-1-18; 100-587, eff. | ||||||
| 12 | 6-4-18; 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-974, | ||||||
| 13 | eff. 8-19-18; 100-1009, eff. 1-1-19; 100-1018, eff. 1-1-19; | ||||||
| 14 | 100-1148, eff. 12-10-18; 101-209, eff. 8-5-19; 101-580, eff. | ||||||
| 15 | 1-1-20; revised 9-18-19.)
| ||||||
| 16 | (305 ILCS 5/5-5.07) | ||||||
| 17 | Sec. 5-5.07. Inpatient psychiatric stay; DCFS per diem | ||||||
| 18 | rate. The Department of Children and Family Services shall pay | ||||||
| 19 | the DCFS per diem rate for inpatient psychiatric stay at a | ||||||
| 20 | free-standing psychiatric hospital effective the 11th day when | ||||||
| 21 | a child is in the hospital beyond medical necessity, and the | ||||||
| 22 | parent or caregiver has denied the child access to the home and | ||||||
| 23 | has refused or failed to make provisions for another living | ||||||
| 24 | arrangement for the child or the child's discharge is being | ||||||
| 25 | delayed due to a pending inquiry or investigation by the | ||||||
| |||||||
| |||||||
| 1 | Department of Children and Family Services. If any portion of a | ||||||
| 2 | hospital stay is reimbursed under this Section, the hospital | ||||||
| 3 | stay shall not be eligible for payment under the provisions of | ||||||
| 4 | Section 14-13 of this Code. This Section is inoperative on and | ||||||
| 5 | after July 1, 2020 2019.
| ||||||
| 6 | (Source: P.A. 100-646, eff. 7-27-18; reenacted by 101-15, eff. | ||||||
| 7 | 6-14-19; reenacted by 101-209, eff. 8-5-19; revised 9-24-19.)
| ||||||
| 8 | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||||||
| 9 | Sec. 5-5.2. Payment.
| ||||||
| 10 | (a) All nursing facilities that are grouped pursuant to | ||||||
| 11 | Section
5-5.1 of this Act shall receive the same rate of | ||||||
| 12 | payment for similar
services.
| ||||||
| 13 | (b) It shall be a matter of State policy that the Illinois | ||||||
| 14 | Department
shall utilize a uniform billing cycle throughout the | ||||||
| 15 | State for the
long-term care providers.
| ||||||
| 16 | (c) Notwithstanding any other provisions of this Code, the | ||||||
| 17 | methodologies for reimbursement of nursing services as | ||||||
| 18 | provided under this Article shall no longer be applicable for | ||||||
| 19 | bills payable for nursing services rendered on or after a new | ||||||
| 20 | reimbursement system based on the Resource Utilization Groups | ||||||
| 21 | (RUGs) has been fully operationalized, which shall take effect | ||||||
| 22 | for services provided on or after January 1, 2014. | ||||||
| 23 | (d) The new nursing services reimbursement methodology | ||||||
| 24 | utilizing RUG-IV 48 grouper model, which shall be referred to | ||||||
| 25 | as the RUGs reimbursement system, taking effect January 1, | ||||||
| |||||||
| |||||||
| 1 | 2014, shall be based on the following: | ||||||
| 2 | (1) The methodology shall be resident-driven, | ||||||
| 3 | facility-specific, and cost-based. | ||||||
| 4 | (2) Costs shall be annually rebased and case mix index | ||||||
| 5 | quarterly updated. The nursing services methodology will | ||||||
| 6 | be assigned to the Medicaid enrolled residents on record as | ||||||
| 7 | of 30 days prior to the beginning of the rate period in the | ||||||
| 8 | Department's Medicaid Management Information System (MMIS) | ||||||
| 9 | as present on the last day of the second quarter preceding | ||||||
| 10 | the rate period based upon the Assessment Reference Date of | ||||||
| 11 | the Minimum Data Set (MDS). | ||||||
| 12 | (3) Regional wage adjustors based on the Health Service | ||||||
| 13 | Areas (HSA) groupings and adjusters in effect on April 30, | ||||||
| 14 | 2012 shall be included. | ||||||
| 15 | (4) Case mix index shall be assigned to each resident | ||||||
| 16 | class based on the Centers for Medicare and Medicaid | ||||||
| 17 | Services staff time measurement study in effect on July 1, | ||||||
| 18 | 2013, utilizing an index maximization approach. | ||||||
| 19 | (5) The pool of funds available for distribution by | ||||||
| 20 | case mix and the base facility rate shall be determined | ||||||
| 21 | using the formula contained in subsection (d-1). | ||||||
| 22 | (d-1) Calculation of base year Statewide RUG-IV nursing | ||||||
| 23 | base per diem rate. | ||||||
| 24 | (1) Base rate spending pool shall be: | ||||||
| 25 | (A) The base year resident days which are | ||||||
| 26 | calculated by multiplying the number of Medicaid | ||||||
| |||||||
| |||||||
| 1 | residents in each nursing home as indicated in the MDS | ||||||
| 2 | data defined in paragraph (4) by 365. | ||||||
| 3 | (B) Each facility's nursing component per diem in | ||||||
| 4 | effect on July 1, 2012 shall be multiplied by | ||||||
| 5 | subsection (A). | ||||||
| 6 | (C) Thirteen million is added to the product of | ||||||
| 7 | subparagraph (A) and subparagraph (B) to adjust for the | ||||||
| 8 | exclusion of nursing homes defined in paragraph (5). | ||||||
| 9 | (2) For each nursing home with Medicaid residents as | ||||||
| 10 | indicated by the MDS data defined in paragraph (4), | ||||||
| 11 | weighted days adjusted for case mix and regional wage | ||||||
| 12 | adjustment shall be calculated. For each home this | ||||||
| 13 | calculation is the product of: | ||||||
| 14 | (A) Base year resident days as calculated in | ||||||
| 15 | subparagraph (A) of paragraph (1). | ||||||
| 16 | (B) The nursing home's regional wage adjustor | ||||||
| 17 | based on the Health Service Areas (HSA) groupings and | ||||||
| 18 | adjustors in effect on April 30, 2012. | ||||||
| 19 | (C) Facility weighted case mix which is the number | ||||||
| 20 | of Medicaid residents as indicated by the MDS data | ||||||
| 21 | defined in paragraph (4) multiplied by the associated | ||||||
| 22 | case weight for the RUG-IV 48 grouper model using | ||||||
| 23 | standard RUG-IV procedures for index maximization. | ||||||
| 24 | (D) The sum of the products calculated for each | ||||||
| 25 | nursing home in subparagraphs (A) through (C) above | ||||||
| 26 | shall be the base year case mix, rate adjusted weighted | ||||||
| |||||||
| |||||||
| 1 | days. | ||||||
| 2 | (3) The Statewide RUG-IV nursing base per diem rate: | ||||||
| 3 | (A) on January 1, 2014 shall be the quotient of the | ||||||
| 4 | paragraph (1) divided by the sum calculated under | ||||||
| 5 | subparagraph (D) of paragraph (2); and | ||||||
| 6 | (B) on and after July 1, 2014, shall be the amount | ||||||
| 7 | calculated under subparagraph (A) of this paragraph | ||||||
| 8 | (3) plus $1.76. | ||||||
| 9 | (4) Minimum Data Set (MDS) comprehensive assessments | ||||||
| 10 | for Medicaid residents on the last day of the quarter used | ||||||
| 11 | to establish the base rate. | ||||||
| 12 | (5) Nursing facilities designated as of July 1, 2012 by | ||||||
| 13 | the Department as "Institutions for Mental Disease" shall | ||||||
| 14 | be excluded from all calculations under this subsection. | ||||||
| 15 | The data from these facilities shall not be used in the | ||||||
| 16 | computations described in paragraphs (1) through (4) above | ||||||
| 17 | to establish the base rate. | ||||||
| 18 | (e) Beginning July 1, 2014, the Department shall allocate | ||||||
| 19 | funding in the amount up to $10,000,000 for per diem add-ons to | ||||||
| 20 | the RUGS methodology for dates of service on and after July 1, | ||||||
| 21 | 2014: | ||||||
| 22 | (1) $0.63 for each resident who scores in I4200 | ||||||
| 23 | Alzheimer's Disease or I4800 non-Alzheimer's Dementia. | ||||||
| 24 | (2) $2.67 for each resident who scores either a "1" or | ||||||
| 25 | "2" in any items S1200A through S1200I and also scores in | ||||||
| 26 | RUG groups PA1, PA2, BA1, or BA2. | ||||||
| |||||||
| |||||||
| 1 | (e-1) (Blank). | ||||||
| 2 | (e-2) For dates of services beginning January 1, 2014, the | ||||||
| 3 | RUG-IV nursing component per diem for a nursing home shall be | ||||||
| 4 | the product of the statewide RUG-IV nursing base per diem rate, | ||||||
| 5 | the facility average case mix index, and the regional wage | ||||||
| 6 | adjustor. Transition rates for services provided between | ||||||
| 7 | January 1, 2014 and December 31, 2014 shall be as follows: | ||||||
| 8 | (1) The transition RUG-IV per diem nursing rate for | ||||||
| 9 | nursing homes whose rate calculated in this subsection | ||||||
| 10 | (e-2) is greater than the nursing component rate in effect | ||||||
| 11 | July 1, 2012 shall be paid the sum of: | ||||||
| 12 | (A) The nursing component rate in effect July 1, | ||||||
| 13 | 2012; plus | ||||||
| 14 | (B) The difference of the RUG-IV nursing component | ||||||
| 15 | per diem calculated for the current quarter minus the | ||||||
| 16 | nursing component rate in effect July 1, 2012 | ||||||
| 17 | multiplied by 0.88. | ||||||
| 18 | (2) The transition RUG-IV per diem nursing rate for | ||||||
| 19 | nursing homes whose rate calculated in this subsection | ||||||
| 20 | (e-2) is less than the nursing component rate in effect | ||||||
| 21 | July 1, 2012 shall be paid the sum of: | ||||||
| 22 | (A) The nursing component rate in effect July 1, | ||||||
| 23 | 2012; plus | ||||||
| 24 | (B) The difference of the RUG-IV nursing component | ||||||
| 25 | per diem calculated for the current quarter minus the | ||||||
| 26 | nursing component rate in effect July 1, 2012 | ||||||
| |||||||
| |||||||
| 1 | multiplied by 0.13. | ||||||
| 2 | (f) Notwithstanding any other provision of this Code, on | ||||||
| 3 | and after July 1, 2012, reimbursement rates associated with the | ||||||
| 4 | nursing or support components of the current nursing facility | ||||||
| 5 | rate methodology shall not increase beyond the level effective | ||||||
| 6 | May 1, 2011 until a new reimbursement system based on the RUGs | ||||||
| 7 | IV 48 grouper model has been fully operationalized. | ||||||
| 8 | (g) Notwithstanding any other provision of this Code, on | ||||||
| 9 | and after July 1, 2012, for facilities not designated by the | ||||||
| 10 | Department of Healthcare and Family Services as "Institutions | ||||||
| 11 | for Mental Disease", rates effective May 1, 2011 shall be | ||||||
| 12 | adjusted as follows: | ||||||
| 13 | (1) Individual nursing rates for residents classified | ||||||
| 14 | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||||||
| 15 | ending March 31, 2012 shall be reduced by 10%; | ||||||
| 16 | (2) Individual nursing rates for residents classified | ||||||
| 17 | in all other RUG IV groups shall be reduced by 1.0%; | ||||||
| 18 | (3) Facility rates for the capital and support | ||||||
| 19 | components shall be reduced by 1.7%. | ||||||
| 20 | (h) Notwithstanding any other provision of this Code, on | ||||||
| 21 | and after July 1, 2012, nursing facilities designated by the | ||||||
| 22 | Department of Healthcare and Family Services as "Institutions | ||||||
| 23 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
| 24 | are facilities licensed under the Specialized Mental Health | ||||||
| 25 | Rehabilitation Act of 2013 shall have the nursing, | ||||||
| 26 | socio-developmental, capital, and support components of their | ||||||
| |||||||
| |||||||
| 1 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
| 2 | 2.7%. | ||||||
| 3 | (i) On and after July 1, 2014, the reimbursement rates for | ||||||
| 4 | the support component of the nursing facility rate for | ||||||
| 5 | facilities licensed under the Nursing Home Care Act as skilled | ||||||
| 6 | or intermediate care facilities shall be the rate in effect on | ||||||
| 7 | June 30, 2014 increased by 8.17%. | ||||||
| 8 | (j) Notwithstanding any other provision of law, subject to | ||||||
| 9 | federal approval, effective July 1, 2019, sufficient funds | ||||||
| 10 | shall be allocated for changes to rates for facilities licensed | ||||||
| 11 | under the Nursing Home Care Act as skilled nursing facilities | ||||||
| 12 | or intermediate care facilities for dates of services on and | ||||||
| 13 | after July 1, 2019: (i) to establish a per diem add-on to the | ||||||
| 14 | direct care per diem rate not to exceed $70,000,000 annually in | ||||||
| 15 | the aggregate taking into account federal matching funds for | ||||||
| 16 | the purpose of addressing the facility's unique staffing needs, | ||||||
| 17 | adjusted quarterly and distributed by a weighted formula based | ||||||
| 18 | on Medicaid bed days on the last day of the second quarter | ||||||
| 19 | preceding the quarter for which the rate is being adjusted; and | ||||||
| 20 | (ii) in an amount not to exceed $170,000,000 annually in the | ||||||
| 21 | aggregate taking into account federal matching funds to permit | ||||||
| 22 | the support component of the nursing facility rate to be | ||||||
| 23 | updated as follows: | ||||||
| 24 | (1) 80%, or $136,000,000, of the funds shall be used to | ||||||
| 25 | update each facility's rate in effect on June 30, 2019 | ||||||
| 26 | using the most recent cost reports on file, which have had | ||||||
| |||||||
| |||||||
| 1 | a limited review conducted by the Department of Healthcare | ||||||
| 2 | and Family Services and will not hold up enacting the rate | ||||||
| 3 | increase, with the Department of Healthcare and Family | ||||||
| 4 | Services and taking into account subsection (i). | ||||||
| 5 | (2) After completing the calculation in paragraph (1), | ||||||
| 6 | any facility whose rate is less than the rate in effect on | ||||||
| 7 | June 30, 2019 shall have its rate restored to the rate in | ||||||
| 8 | effect on June 30, 2019 from the 20% of the funds set | ||||||
| 9 | aside. | ||||||
| 10 | (3) The remainder of the 20%, or $34,000,000, shall be | ||||||
| 11 | used to increase each facility's rate by an equal | ||||||
| 12 | percentage. | ||||||
| 13 | To implement item (i) in this subsection, facilities shall | ||||||
| 14 | file quarterly reports documenting compliance with its | ||||||
| 15 | annually approved staffing plan, which shall permit compliance | ||||||
| 16 | with Section 3-202.05 of the Nursing Home Care Act. A facility | ||||||
| 17 | that fails to meet the benchmarks and dates contained in the | ||||||
| 18 | plan may have its add-on adjusted in the quarter following the | ||||||
| 19 | quarterly review. Nothing in this Section shall limit the | ||||||
| 20 | ability of the facility to appeal a ruling of non-compliance | ||||||
| 21 | and a subsequent reduction to the add-on. Funds adjusted for | ||||||
| 22 | noncompliance shall be maintained in the Long-Term Care | ||||||
| 23 | Provider Fund and accounted for separately. At the end of each | ||||||
| 24 | fiscal year, these funds shall be made available to facilities | ||||||
| 25 | for special staffing projects. | ||||||
| 26 | In order to provide for the expeditious and timely
| ||||||
| |||||||
| |||||||
| 1 | implementation of the provisions of Public Act 101-10 this | ||||||
| 2 | amendatory Act of the
101st General Assembly, emergency rules | ||||||
| 3 | to implement any provision of Public Act 101-10 this amendatory | ||||||
| 4 | Act of the 101st General Assembly may be adopted in accordance | ||||||
| 5 | with this subsection by the agency charged with administering | ||||||
| 6 | that provision or
initiative. The agency shall simultaneously | ||||||
| 7 | file emergency rules and permanent rules to ensure that there | ||||||
| 8 | is no interruption in administrative guidance. The 150-day | ||||||
| 9 | limitation of the effective period of emergency rules does not | ||||||
| 10 | apply to rules adopted under this
subsection, and the effective | ||||||
| 11 | period may continue through
June 30, 2021. The 24-month | ||||||
| 12 | limitation on the adoption of
emergency rules does not apply to | ||||||
| 13 | rules adopted under this
subsection. The adoption of emergency | ||||||
| 14 | rules authorized by this subsection is deemed to be necessary | ||||||
| 15 | for the public interest, safety, and welfare. | ||||||
| 16 | (k) (j) During the first quarter of State Fiscal Year 2020, | ||||||
| 17 | the Department of Healthcare of Family Services must convene a | ||||||
| 18 | technical advisory group consisting of members of all trade | ||||||
| 19 | associations representing Illinois skilled nursing providers | ||||||
| 20 | to discuss changes necessary with federal implementation of | ||||||
| 21 | Medicare's Patient-Driven Payment Model. Implementation of | ||||||
| 22 | Medicare's Patient-Driven Payment Model shall, by September 1, | ||||||
| 23 | 2020, end the collection of the MDS data that is necessary to | ||||||
| 24 | maintain the current RUG-IV Medicaid payment methodology. The | ||||||
| 25 | technical advisory group must consider a revised reimbursement | ||||||
| 26 | methodology that takes into account transparency, | ||||||
| |||||||
| |||||||
| 1 | accountability, actual staffing as reported under the | ||||||
| 2 | federally required Payroll Based Journal system, changes to the | ||||||
| 3 | minimum wage, adequacy in coverage of the cost of care, and a | ||||||
| 4 | quality component that rewards quality improvements. | ||||||
| 5 | (Source: P.A. 101-10, eff. 6-5-19; 101-348, eff. 8-9-19; | ||||||
| 6 | revised 9-18-19.)
| ||||||
| 7 | (305 ILCS 5/5-5e) | ||||||
| 8 | Sec. 5-5e. Adjusted rates of reimbursement. | ||||||
| 9 | (a) Rates or payments for services in effect on June 30, | ||||||
| 10 | 2012 shall be adjusted and
services shall be affected as | ||||||
| 11 | required by any other provision of Public Act 97-689. In | ||||||
| 12 | addition, the Department shall do the following: | ||||||
| 13 | (1) Delink the per diem rate paid for supportive living | ||||||
| 14 | facility services from the per diem rate paid for nursing | ||||||
| 15 | facility services, effective for services provided on or | ||||||
| 16 | after May 1, 2011 and before July 1, 2019. | ||||||
| 17 | (2) Cease payment for bed reserves in nursing | ||||||
| 18 | facilities and specialized mental health rehabilitation | ||||||
| 19 | facilities; for purposes of therapeutic home visits for | ||||||
| 20 | individuals scoring as TBI on the MDS 3.0, beginning June | ||||||
| 21 | 1, 2015, the Department shall approve payments for bed | ||||||
| 22 | reserves in nursing facilities and specialized mental | ||||||
| 23 | health rehabilitation facilities that have at least a 90% | ||||||
| 24 | occupancy level and at least 80% of their residents are | ||||||
| 25 | Medicaid eligible. Payment shall be at a daily rate of 75% | ||||||
| |||||||
| |||||||
| 1 | of an individual's current Medicaid per diem and shall not | ||||||
| 2 | exceed 10 days in a calendar month. | ||||||
| 3 | (2.5) Cease payment for bed reserves for purposes of | ||||||
| 4 | inpatient hospitalizations to intermediate care facilities | ||||||
| 5 | for persons with developmental development disabilities, | ||||||
| 6 | except in the instance of residents who are under 21 years | ||||||
| 7 | of age. | ||||||
| 8 | (3) Cease payment of the $10 per day add-on payment to | ||||||
| 9 | nursing facilities for certain residents with | ||||||
| 10 | developmental disabilities. | ||||||
| 11 | (b) After the application of subsection (a), | ||||||
| 12 | notwithstanding any other provision of this
Code to the | ||||||
| 13 | contrary and to the extent permitted by federal law, on and | ||||||
| 14 | after July 1,
2012, the rates of reimbursement for services and | ||||||
| 15 | other payments provided under this
Code shall further be | ||||||
| 16 | reduced as follows: | ||||||
| 17 | (1) Rates or payments for physician services, dental | ||||||
| 18 | services, or community health center services reimbursed | ||||||
| 19 | through an encounter rate, and services provided under the | ||||||
| 20 | Medicaid Rehabilitation Option of the Illinois Title XIX | ||||||
| 21 | State Plan shall not be further reduced, except as provided | ||||||
| 22 | in Section 5-5b.1. | ||||||
| 23 | (2) Rates or payments, or the portion thereof, paid to | ||||||
| 24 | a provider that is operated by a unit of local government | ||||||
| 25 | or State University that provides the non-federal share of | ||||||
| 26 | such services shall not be further reduced, except as | ||||||
| |||||||
| |||||||
| 1 | provided in Section 5-5b.1. | ||||||
| 2 | (3) Rates or payments for hospital services delivered | ||||||
| 3 | by a hospital defined as a Safety-Net Hospital under | ||||||
| 4 | Section 5-5e.1 of this Code shall not be further reduced, | ||||||
| 5 | except as provided in Section 5-5b.1. | ||||||
| 6 | (4) Rates or payments for hospital services delivered | ||||||
| 7 | by a Critical Access Hospital, which is an Illinois | ||||||
| 8 | hospital designated as a critical care hospital by the | ||||||
| 9 | Department of Public Health in accordance with 42 CFR 485, | ||||||
| 10 | Subpart F, shall not be further reduced, except as provided | ||||||
| 11 | in Section 5-5b.1. | ||||||
| 12 | (5) Rates or payments for Nursing Facility Services | ||||||
| 13 | shall only be further adjusted pursuant to Section 5-5.2 of | ||||||
| 14 | this Code. | ||||||
| 15 | (6) Rates or payments for services delivered by long | ||||||
| 16 | term care facilities licensed under the ID/DD Community | ||||||
| 17 | Care Act or the MC/DD Act and developmental training | ||||||
| 18 | services shall not be further reduced. | ||||||
| 19 | (7) Rates or payments for services provided under | ||||||
| 20 | capitation rates shall be adjusted taking into | ||||||
| 21 | consideration the rates reduction and covered services | ||||||
| 22 | required by Public Act 97-689. | ||||||
| 23 | (8) For hospitals not previously described in this | ||||||
| 24 | subsection, the rates or payments for hospital services | ||||||
| 25 | shall be further reduced by 3.5%, except for payments | ||||||
| 26 | authorized under Section 5A-12.4 of this Code. | ||||||
| |||||||
| |||||||
| 1 | (9) For all other rates or payments for services | ||||||
| 2 | delivered by providers not specifically referenced in | ||||||
| 3 | paragraphs (1) through (8), rates or payments shall be | ||||||
| 4 | further reduced by 2.7%. | ||||||
| 5 | (c) Any assessment imposed by this Code shall continue and | ||||||
| 6 | nothing in this Section shall be construed to cause it to | ||||||
| 7 | cease.
| ||||||
| 8 | (d) Notwithstanding any other provision of this Code to the | ||||||
| 9 | contrary, subject to federal approval under Title XIX of the | ||||||
| 10 | Social Security Act, for dates of service on and after July 1, | ||||||
| 11 | 2014, rates or payments for services provided for the purpose | ||||||
| 12 | of transitioning children from a hospital to home placement or | ||||||
| 13 | other appropriate setting by a children's community-based | ||||||
| 14 | health care center authorized under the Alternative Health Care | ||||||
| 15 | Delivery Act shall be $683 per day. | ||||||
| 16 | (e) Notwithstanding any other provision of this Code to the | ||||||
| 17 | contrary, subject to federal approval under Title XIX of the | ||||||
| 18 | Social Security Act, for dates of service on and after July 1, | ||||||
| 19 | 2014, rates or payments for home health visits shall be $72. | ||||||
| 20 | (f) Notwithstanding any other provision of this Code to the | ||||||
| 21 | contrary, subject to federal approval under Title XIX of the | ||||||
| 22 | Social Security Act, for dates of service on and after July 1, | ||||||
| 23 | 2014, rates or payments for the certified nursing assistant | ||||||
| 24 | component of the home health agency rate shall be $20. | ||||||
| 25 | (Source: P.A. 101-10, eff. 6-5-19; revised 9-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5-16.8)
| ||||||
| 2 | Sec. 5-16.8. Required health benefits. The medical | ||||||
| 3 | assistance program
shall
(i) provide the post-mastectomy care | ||||||
| 4 | benefits required to be covered by a policy of
accident and | ||||||
| 5 | health insurance under Section 356t and the coverage required
| ||||||
| 6 | under Sections 356g.5, 356u, 356w, 356x, 356z.6, 356z.26, | ||||||
| 7 | 356z.29, and 356z.32, and 356z.33, 356z.34, 356z.35, and | ||||||
| 8 | 356z.39 of the Illinois
Insurance Code and (ii) be subject to | ||||||
| 9 | the provisions of Sections 356z.19, 364.01, 370c, and 370c.1 of | ||||||
| 10 | the Illinois
Insurance Code.
| ||||||
| 11 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 12 | rate of reimbursement for services or other payments or alter | ||||||
| 13 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 14 | reimbursement for services or other payments in accordance with | ||||||
| 15 | Section 5-5e. | ||||||
| 16 | To ensure full access to the benefits set forth in this | ||||||
| 17 | Section, on and after January 1, 2016, the Department shall | ||||||
| 18 | ensure that provider and hospital reimbursement for | ||||||
| 19 | post-mastectomy care benefits required under this Section are | ||||||
| 20 | no lower than the Medicare reimbursement rate. | ||||||
| 21 | (Source: P.A. 100-138, eff. 8-18-17; 100-863, eff. 8-14-18; | ||||||
| 22 | 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; 101-81, eff. | ||||||
| 23 | 7-12-19; 101-218, eff. 1-1-20; 101-281, eff. 1-1-20; 101-371, | ||||||
| 24 | eff. 1-1-20; 101-574, eff. 1-1-20; revised 10-16-19.)
| ||||||
| 25 | (305 ILCS 5/5-30.11) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-30.11. Treatment of autism spectrum disorder. | ||||||
| 2 | Treatment of autism spectrum disorder through applied behavior | ||||||
| 3 | analysis shall be covered under the medical assistance program | ||||||
| 4 | under this Article for children with a diagnosis of autism | ||||||
| 5 | spectrum disorder when ordered by a physician licensed to | ||||||
| 6 | practice medicine in all its branches and rendered by a | ||||||
| 7 | licensed or certified health care professional with expertise | ||||||
| 8 | in applied behavior analysis. Such coverage may be limited to | ||||||
| 9 | age ranges based on evidence-based best practices. Appropriate | ||||||
| 10 | State plan amendments as well as rules regarding provision of | ||||||
| 11 | services and providers will be submitted by September 1, 2019.
| ||||||
| 12 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
| 13 | (305 ILCS 5/5-30.13)
| ||||||
| 14 | Sec. 5-30.13 5-30.11. Managed care reports; minority-owned | ||||||
| 15 | and women-owned businesses. Each Medicaid managed care health | ||||||
| 16 | plan shall submit a report to the Department by March 1, 2020, | ||||||
| 17 | and every March 1 thereafter, that includes the following | ||||||
| 18 | information: | ||||||
| 19 | (1) The administrative expenses paid to the Medicaid | ||||||
| 20 | managed care health plan. | ||||||
| 21 | (2) The amount of money the Medicaid managed care | ||||||
| 22 | health plan has spent with Business Enterprise Program | ||||||
| 23 | certified businesses. | ||||||
| 24 | (3)
The amount of money the Medicaid managed care | ||||||
| 25 | health plan has spent with minority-owned and women-owned | ||||||
| |||||||
| |||||||
| 1 | businesses that are certified by other agencies or private | ||||||
| 2 | organizations. | ||||||
| 3 | (4)
The amount of money the Medicaid managed care | ||||||
| 4 | health plan has spent with not-for-profit community-based | ||||||
| 5 | organizations serving predominantly minority communities, | ||||||
| 6 | as defined by the Department. | ||||||
| 7 | (5) The proportion of minorities, people with | ||||||
| 8 | disabilities, and women that make up the staff of the | ||||||
| 9 | Medicaid managed care health plan. | ||||||
| 10 | (6)
Recommendations for increasing expenditures with | ||||||
| 11 | minority-owned and women-owned businesses. | ||||||
| 12 | (7)
A list of the types of services to which the | ||||||
| 13 | Medicaid managed care health plan is contemplating adding | ||||||
| 14 | new vendors. | ||||||
| 15 | (8)
The certifications the Medicaid managed care | ||||||
| 16 | health plan accepts for minority-owned and women-owned | ||||||
| 17 | businesses. | ||||||
| 18 | (9) The point of contact for potential vendors seeking | ||||||
| 19 | to do business with the Medicaid managed care health plan. | ||||||
| 20 | The Department shall publish the reports on its website and | ||||||
| 21 | shall maintain each report on its website for 5 years. In May | ||||||
| 22 | of 2020 and every May thereafter, the Department shall hold 2 | ||||||
| 23 | annual public workshops, one in Chicago and one in Springfield. | ||||||
| 24 | The workshops shall include each Medicaid managed care health | ||||||
| 25 | plan and shall be open to vendor communities to discuss the | ||||||
| 26 | submitted plans and to seek to connect vendors with the | ||||||
| |||||||
| |||||||
| 1 | Medicaid managed care health plans.
| ||||||
| 2 | (Source: P.A. 101-209, eff. 8-5-19; revised 10-22-19.)
| ||||||
| 3 | (305 ILCS 5/5-30.14)
| ||||||
| 4 | Sec. 5-30.14 5-30.11. Medicaid managed care organizations; | ||||||
| 5 | preferred drug lists. | ||||||
| 6 | (a) No later than January 1, 2020, the Illinois Department | ||||||
| 7 | shall develop a standardized format for all Medicaid managed | ||||||
| 8 | care organization preferred drug lists in collaboration with | ||||||
| 9 | Medicaid managed care organizations and other stakeholders, | ||||||
| 10 | including, but not limited to, organizations that serve | ||||||
| 11 | individuals impacted by HIV/AIDS or epilepsy, and | ||||||
| 12 | community-based organizations, providers, and entities with | ||||||
| 13 | expertise in drug formulary development. | ||||||
| 14 | (b) Following development of the standardized Preferred | ||||||
| 15 | Drug List format, the Illinois Department shall allow Medicaid | ||||||
| 16 | managed care organizations 6 months from the date of completion | ||||||
| 17 | to comply with the new Preferred Drug List format. Each | ||||||
| 18 | Medicaid managed care organization must post its preferred drug | ||||||
| 19 | list on its website without restricting access and must update | ||||||
| 20 | the preferred drug list posted on its website. Medicaid managed | ||||||
| 21 | care organizations shall publish updates to their preferred | ||||||
| 22 | drug lists no less than 30 days prior to the date upon which | ||||||
| 23 | any update or change takes effect, including, but not limited | ||||||
| 24 | to, any and all changes to requirements for prior approval | ||||||
| 25 | requirements, step therapy, or other utilization controls. | ||||||
| |||||||
| |||||||
| 1 | (c)(1) No later than January 1, 2020, the Illinois | ||||||
| 2 | Department shall establish and maintain the Illinois Drug and | ||||||
| 3 | Therapeutics Advisory Board. The Board shall have the authority | ||||||
| 4 | and responsibility to provide recommendations to the Illinois | ||||||
| 5 | Department regarding which drug products to list on the | ||||||
| 6 | Illinois Department's preferred drug list. The Illinois | ||||||
| 7 | Department shall provide administrative support to the Board | ||||||
| 8 | and the Board shall: | ||||||
| 9 | (A) convene and meet no less than once per calendar | ||||||
| 10 | quarter; | ||||||
| 11 | (B)
provide regular opportunities for public comment; | ||||||
| 12 | and | ||||||
| 13 | (C)
comply with the provisions of the Open Meetings | ||||||
| 14 | Act. | ||||||
| 15 | All correspondence related to the Board, including | ||||||
| 16 | correspondence to and from Board members, shall be subject to | ||||||
| 17 | the Freedom of Information Act. | ||||||
| 18 | (2) The Board shall consist of the following voting | ||||||
| 19 | members, all of whom shall be appointed by the Governor and | ||||||
| 20 | shall serve terms of 3 years without compensation: | ||||||
| 21 | (A) one pharmacist licensed to practice pharmacy in | ||||||
| 22 | Illinois who is recommended by a statewide organization | ||||||
| 23 | representing pharmacists; | ||||||
| 24 | (B) 4 physicians, recommended by a statewide | ||||||
| 25 | organization representing physicians, who are licensed to | ||||||
| 26 | practice medicine in all its branches in Illinois, have | ||||||
| |||||||
| |||||||
| 1 | knowledge of and adhere to best practice standards, and | ||||||
| 2 | have experience treating Illinois Medicaid beneficiaries; | ||||||
| 3 | (C) at least one clinician who specializes in the | ||||||
| 4 | prevention and treatment of HIV, recommended by an HIV | ||||||
| 5 | healthcare advocacy organization; | ||||||
| 6 | (D) at least one clinician recommended by a healthcare | ||||||
| 7 | advocacy organization that serves individuals who are | ||||||
| 8 | affected by chronic diseases that require significant | ||||||
| 9 | pharmaceutical treatments; | ||||||
| 10 | (E) one clinician representing the Illinois | ||||||
| 11 | Department; and | ||||||
| 12 | (F) one licensed psychiatrist, recommended by a | ||||||
| 13 | statewide organization representing psychiatrists, who has | ||||||
| 14 | experience treating Illinois Medicaid beneficiaries. | ||||||
| 15 | One non-voting clinician recommended by an association of | ||||||
| 16 | Medicaid managed care health plans shall serve a term of 3 | ||||||
| 17 | years on the Board without compensation. | ||||||
| 18 | Organizations interested in nominating non-voting | ||||||
| 19 | clinicians to advise the Board may submit requests to | ||||||
| 20 | participate to the Illinois Department. | ||||||
| 21 | A licensed physician recommended by the Rare Disease | ||||||
| 22 | Commission who is a rare disease specialist and possesses | ||||||
| 23 | scientific knowledge and medical training with respect to rare | ||||||
| 24 | diseases and is familiar with drug and biological products and | ||||||
| 25 | treatment shall be notified in advance to attend an Illinois | ||||||
| 26 | Drug and Therapeutics Advisory Board meeting when a drug or | ||||||
| |||||||
| |||||||
| 1 | biological product is scheduled to be reviewed in order to | ||||||
| 2 | advise and make recommendations on drugs or biological | ||||||
| 3 | products. | ||||||
| 4 | (d) The Illinois Department shall adopt rules, to be in | ||||||
| 5 | place no later than January 1, 2020, for the purpose of | ||||||
| 6 | establishing and maintaining the Board.
| ||||||
| 7 | (Source: P.A. 101-62, eff. 7-12-19; revised 10-22-19.)
| ||||||
| 8 | (305 ILCS 5/5-36) | ||||||
| 9 | Sec. 5-36. Pharmacy benefits. | ||||||
| 10 | (a)(1) The Department may enter into a contract with a | ||||||
| 11 | third party on a fee-for-service reimbursement model for the | ||||||
| 12 | purpose of administering pharmacy benefits as provided in this | ||||||
| 13 | Section for members not enrolled in a Medicaid managed care | ||||||
| 14 | organization; however, these services shall be approved by the | ||||||
| 15 | Department. The Department shall ensure coordination of care | ||||||
| 16 | between the third-party administrator and managed care | ||||||
| 17 | organizations as a consideration in any contracts established | ||||||
| 18 | in accordance with this Section. Any managed care techniques, | ||||||
| 19 | principles, or administration of benefits utilized in | ||||||
| 20 | accordance with this subsection shall comply with State law. | ||||||
| 21 | (2) The following shall apply to contracts between entities | ||||||
| 22 | contracting relating to the Department's third-party | ||||||
| 23 | administrators and pharmacies: | ||||||
| 24 | (A) the Department shall approve any contract between a | ||||||
| 25 | third-party administrator and a pharmacy; | ||||||
| |||||||
| |||||||
| 1 | (B) the Department's third-party administrator shall | ||||||
| 2 | not change the terms of a contract between a third-party | ||||||
| 3 | administrator and a pharmacy without written approval by | ||||||
| 4 | the Department; and | ||||||
| 5 | (C) the Department's third-party administrator shall | ||||||
| 6 | not create, modify, implement, or indirectly establish any | ||||||
| 7 | fee on a pharmacy, pharmacist, or a recipient of medical | ||||||
| 8 | assistance without written approval by the Department. | ||||||
| 9 | (b) The provisions of this Section shall not apply to | ||||||
| 10 | outpatient pharmacy services provided by a health care facility | ||||||
| 11 | registered as a covered entity pursuant to 42 U.S.C. 256b or | ||||||
| 12 | any pharmacy owned by or contracted with the covered entity. A | ||||||
| 13 | Medicaid managed care organization shall, either directly or | ||||||
| 14 | through a pharmacy benefit manager, administer and reimburse | ||||||
| 15 | outpatient pharmacy claims submitted by a health care facility | ||||||
| 16 | registered as a covered entity pursuant to 42 U.S.C. 256b, its | ||||||
| 17 | owned pharmacies, and contracted pharmacies in accordance with | ||||||
| 18 | the contractual agreements the Medicaid managed care | ||||||
| 19 | organization or its pharmacy benefit manager has with such | ||||||
| 20 | facilities and pharmacies. Any pharmacy benefit manager that | ||||||
| 21 | contracts with a Medicaid managed care organization to | ||||||
| 22 | administer and reimburse pharmacy claims as provided in this | ||||||
| 23 | Section must be registered with the Director of Insurance in | ||||||
| 24 | accordance with Section 513b2 of the Illinois Insurance Code. | ||||||
| 25 | (c) On at least an annual basis, the Director of the | ||||||
| 26 | Department of Healthcare and Family Services shall submit a | ||||||
| |||||||
| |||||||
| 1 | report beginning no later than one year after January 1, 2020 | ||||||
| 2 | (the effective date of Public Act 101-452) this amendatory Act | ||||||
| 3 | of the 101st General Assembly that provides an update on any | ||||||
| 4 | contract, contract issues, formulary, dispensing fees, and | ||||||
| 5 | maximum allowable cost concerns regarding a third-party | ||||||
| 6 | administrator and managed care. The requirement for reporting | ||||||
| 7 | to the General Assembly shall be satisfied by filing copies of | ||||||
| 8 | the report with the Speaker, the Minority Leader, and the Clerk | ||||||
| 9 | of the House of Representatives and with the President, the | ||||||
| 10 | Minority Leader, and the Secretary of the Senate. The | ||||||
| 11 | Department shall take care that no proprietary information is | ||||||
| 12 | included in the report required under this Section. | ||||||
| 13 | (d) A pharmacy benefit manager shall notify the Department | ||||||
| 14 | in writing of any activity, policy, or practice of the pharmacy | ||||||
| 15 | benefit manager that directly or indirectly presents a conflict | ||||||
| 16 | of interest that interferes with the discharge of the pharmacy | ||||||
| 17 | benefit manager's duty to a managed care organization to | ||||||
| 18 | exercise its contractual duties. "Conflict of interest" shall | ||||||
| 19 | be defined by rule by the Department. | ||||||
| 20 | (e) A pharmacy benefit manager shall, upon request, | ||||||
| 21 | disclose to the Department the following information: | ||||||
| 22 | (1) whether the pharmacy benefit manager has a | ||||||
| 23 | contract, agreement, or other arrangement with a | ||||||
| 24 | pharmaceutical manufacturer to exclusively dispense or | ||||||
| 25 | provide a drug to a managed care organization's enrollees, | ||||||
| 26 | and the aggregate amounts of consideration of economic | ||||||
| |||||||
| |||||||
| 1 | benefits collected or received pursuant to that | ||||||
| 2 | arrangement; | ||||||
| 3 | (2) the percentage of claims payments made by the | ||||||
| 4 | pharmacy benefit manager to pharmacies owned, managed, or | ||||||
| 5 | controlled by the pharmacy benefit manager or any of the | ||||||
| 6 | pharmacy benefit manager's management companies, parent | ||||||
| 7 | companies, subsidiary companies, or jointly held | ||||||
| 8 | companies; | ||||||
| 9 | (3) the aggregate amount of the fees or assessments | ||||||
| 10 | imposed on, or collected from, pharmacy providers; and | ||||||
| 11 | (4) the average annualized percentage of revenue | ||||||
| 12 | collected by the pharmacy benefit manager as a result of | ||||||
| 13 | each contract it has executed with a managed care | ||||||
| 14 | organization contracted by the Department to provide | ||||||
| 15 | medical assistance benefits which is not paid by the | ||||||
| 16 | pharmacy benefit manager to pharmacy providers and | ||||||
| 17 | pharmaceutical manufacturers or labelers or in order to | ||||||
| 18 | perform administrative functions pursuant to its contracts | ||||||
| 19 | with managed care organizations. | ||||||
| 20 | (f) The information disclosed under subsection (e) shall | ||||||
| 21 | include all retail, mail order, specialty, and compounded | ||||||
| 22 | prescription products. All information made
available to the | ||||||
| 23 | Department under subsection (e) is confidential and not subject | ||||||
| 24 | to disclosure under the Freedom of Information Act. All | ||||||
| 25 | information made available to the Department under subsection | ||||||
| 26 | (e) shall not be reported or distributed in any way that | ||||||
| |||||||
| |||||||
| 1 | compromises its competitive, proprietary, or financial value. | ||||||
| 2 | The information shall only be used by the Department to assess | ||||||
| 3 | the contract, agreement, or other arrangements made between a | ||||||
| 4 | pharmacy benefit manager and a pharmacy provider, | ||||||
| 5 | pharmaceutical manufacturer or labeler, managed care | ||||||
| 6 | organization, or other entity, as applicable. | ||||||
| 7 | (g) A pharmacy benefit manager shall disclose directly in | ||||||
| 8 | writing to a pharmacy provider or pharmacy services | ||||||
| 9 | administrative organization contracting with the pharmacy | ||||||
| 10 | benefit manager of any material change to a contract provision | ||||||
| 11 | that affects the terms of the reimbursement, the process for | ||||||
| 12 | verifying benefits and eligibility, dispute resolution, | ||||||
| 13 | procedures for verifying drugs included on the formulary, and | ||||||
| 14 | contract termination at least 30 days prior to the date of the | ||||||
| 15 | change to the provision. The terms of this subsection shall be | ||||||
| 16 | deemed met if the pharmacy benefit manager posts the | ||||||
| 17 | information on a website, viewable by the public. A pharmacy | ||||||
| 18 | service administration organization shall notify all contract | ||||||
| 19 | pharmacies of any material change, as described in this | ||||||
| 20 | subsection, within 2 days of notification. As used in this | ||||||
| 21 | Section, "pharmacy services administrative organization" means | ||||||
| 22 | an entity operating within the State that contracts with | ||||||
| 23 | independent pharmacies to conduct business on their behalf with | ||||||
| 24 | third-party payers. A pharmacy services administrative | ||||||
| 25 | organization may provide administrative services to pharmacies | ||||||
| 26 | and negotiate and enter into contracts with third-party payers | ||||||
| |||||||
| |||||||
| 1 | or pharmacy benefit managers on behalf of pharmacies. | ||||||
| 2 | (h) A pharmacy benefit manager shall not include the | ||||||
| 3 | following in a contract with a pharmacy provider: | ||||||
| 4 | (1) a provision prohibiting the provider from | ||||||
| 5 | informing a patient of a less costly alternative to a | ||||||
| 6 | prescribed medication; or | ||||||
| 7 | (2) a provision that prohibits the provider from | ||||||
| 8 | dispensing a particular amount of a prescribed medication, | ||||||
| 9 | if the pharmacy benefit manager allows that amount to be | ||||||
| 10 | dispensed through a pharmacy owned or controlled by the | ||||||
| 11 | pharmacy benefit manager, unless the prescription drug is | ||||||
| 12 | subject to restricted distribution by the United States | ||||||
| 13 | Food and Drug Administration or requires special handling, | ||||||
| 14 | provider coordination, or patient education that cannot be | ||||||
| 15 | provided by a retail pharmacy. | ||||||
| 16 | (i) Nothing in this Section shall be construed to prohibit | ||||||
| 17 | a pharmacy benefit manager from requiring the same | ||||||
| 18 | reimbursement and terms and conditions for a pharmacy provider | ||||||
| 19 | as for a pharmacy owned, controlled, or otherwise associated | ||||||
| 20 | with the pharmacy benefit manager. | ||||||
| 21 | (j) A pharmacy benefit manager shall establish and | ||||||
| 22 | implement a process for the resolution of disputes arising out | ||||||
| 23 | of this Section, which shall be approved by the Department. | ||||||
| 24 | (k) The Department shall adopt rules establishing | ||||||
| 25 | reasonable dispensing fees for fee-for-service payments in | ||||||
| 26 | accordance with guidance or guidelines from the federal Centers | ||||||
| |||||||
| |||||||
| 1 | for Medicare and Medicaid Services.
| ||||||
| 2 | (Source: P.A. 101-452, eff. 1-1-20; revised 10-22-19.)
| ||||||
| 3 | (305 ILCS 5/5-36.5)
| ||||||
| 4 | Sec. 5-36.5 5-36. Education on mental health and substance | ||||||
| 5 | use treatment services for children and young adults. The | ||||||
| 6 | Department of Healthcare and Family Services shall develop a | ||||||
| 7 | layman's guide to the mental health and substance use treatment | ||||||
| 8 | services available in Illinois through the Medical Assistance | ||||||
| 9 | Program and through the Family Support Program, or other | ||||||
| 10 | publicly funded programs, similar to what Massachusetts | ||||||
| 11 | developed, to help families understand what services are | ||||||
| 12 | available to them when they have a child in need of treatment | ||||||
| 13 | or support. The guide shall be in easy-to-understand language, | ||||||
| 14 | be prominently available on the Department of Healthcare and | ||||||
| 15 | Family Services' website, and be part of a statewide | ||||||
| 16 | communications campaign to ensure families are aware of Family | ||||||
| 17 | Support Program services. It shall briefly explain the service | ||||||
| 18 | and whether it is covered by the Medical Assistance Program, | ||||||
| 19 | the Family Support Program, or any other public funding source. | ||||||
| 20 | Within one year after January 1, 2020 (the effective date of | ||||||
| 21 | Public Act 101-461) this amendatory Act of the 101st General | ||||||
| 22 | Assembly, the Department of Healthcare and Family Services | ||||||
| 23 | shall complete this guide, have it available on its website, | ||||||
| 24 | and launch the communications campaign.
| ||||||
| 25 | (Source: P.A. 101-461, eff. 1-1-20; revised 10-22-19.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||||||
| 2 | Sec. 5A-8. Hospital Provider Fund.
| ||||||
| 3 | (a) There is created in the State Treasury the Hospital | ||||||
| 4 | Provider Fund.
Interest earned by the Fund shall be credited to | ||||||
| 5 | the Fund. The
Fund shall not be used to replace any moneys | ||||||
| 6 | appropriated to the
Medicaid program by the General Assembly.
| ||||||
| 7 | (b) The Fund is created for the purpose of receiving moneys
| ||||||
| 8 | in accordance with Section 5A-6 and disbursing moneys only for | ||||||
| 9 | the following
purposes, notwithstanding any other provision of | ||||||
| 10 | law:
| ||||||
| 11 | (1) For making payments to hospitals as required under | ||||||
| 12 | this Code, under the Children's Health Insurance Program | ||||||
| 13 | Act, under the Covering ALL KIDS Health Insurance Act, and | ||||||
| 14 | under the Long Term Acute Care Hospital Quality Improvement | ||||||
| 15 | Transfer Program Act.
| ||||||
| 16 | (2) For the reimbursement of moneys collected by the
| ||||||
| 17 | Illinois Department from hospitals or hospital providers | ||||||
| 18 | through error or
mistake in performing the
activities | ||||||
| 19 | authorized under this Code.
| ||||||
| 20 | (3) For payment of administrative expenses incurred by | ||||||
| 21 | the
Illinois Department or its agent in performing | ||||||
| 22 | activities
under this Code, under the Children's Health | ||||||
| 23 | Insurance Program Act, under the Covering ALL KIDS Health | ||||||
| 24 | Insurance Act, and under the Long Term Acute Care Hospital | ||||||
| 25 | Quality Improvement Transfer Program Act.
| ||||||
| |||||||
| |||||||
| 1 | (4) For payments of any amounts which are reimbursable | ||||||
| 2 | to
the federal government for payments from this Fund which | ||||||
| 3 | are
required to be paid by State warrant.
| ||||||
| 4 | (5) For making transfers, as those transfers are | ||||||
| 5 | authorized
in the proceedings authorizing debt under the | ||||||
| 6 | Short Term Borrowing Act,
but transfers made under this | ||||||
| 7 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
| 8 | issued in anticipation of the receipt by
the State of | ||||||
| 9 | moneys to be deposited into the Fund.
| ||||||
| 10 | (6) For making transfers to any other fund in the State | ||||||
| 11 | treasury, but
transfers made under this paragraph (6) shall | ||||||
| 12 | not exceed the amount transferred
previously from that | ||||||
| 13 | other fund into the Hospital Provider Fund plus any | ||||||
| 14 | interest that would have been earned by that fund on the | ||||||
| 15 | monies that had been transferred.
| ||||||
| 16 | (6.5) For making transfers to the Healthcare Provider | ||||||
| 17 | Relief Fund, except that transfers made under this | ||||||
| 18 | paragraph (6.5) shall not exceed $60,000,000 in the | ||||||
| 19 | aggregate. | ||||||
| 20 | (7) For making transfers not exceeding the following | ||||||
| 21 | amounts, related to State fiscal years 2013 through 2018, | ||||||
| 22 | to the following designated funds: | ||||||
| 23 | Health and Human Services Medicaid Trust | ||||||
| 24 | Fund..............................$20,000,000 | ||||||
| 25 | Long-Term Care Provider Fund..........$30,000,000 | ||||||
| 26 | General Revenue Fund.................$80,000,000. | ||||||
| |||||||
| |||||||
| 1 | Transfers under this paragraph shall be made within 7 days | ||||||
| 2 | after the payments have been received pursuant to the | ||||||
| 3 | schedule of payments provided in subsection (a) of Section | ||||||
| 4 | 5A-4. | ||||||
| 5 | (7.1) (Blank).
| ||||||
| 6 | (7.5) (Blank). | ||||||
| 7 | (7.8) (Blank). | ||||||
| 8 | (7.9) (Blank). | ||||||
| 9 | (7.10) For State fiscal year 2014, for making transfers | ||||||
| 10 | of the moneys resulting from the assessment under | ||||||
| 11 | subsection (b-5) of Section 5A-2 and received from hospital | ||||||
| 12 | providers under Section 5A-4 and transferred into the | ||||||
| 13 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
| 14 | funds not exceeding the following amounts in that State | ||||||
| 15 | fiscal year: | ||||||
| 16 | Healthcare Provider Relief Fund......$100,000,000 | ||||||
| 17 | Transfers under this paragraph shall be made within 7 | ||||||
| 18 | days after the payments have been received pursuant to the | ||||||
| 19 | schedule of payments provided in subsection (a) of Section | ||||||
| 20 | 5A-4. | ||||||
| 21 | The additional amount of transfers in this paragraph | ||||||
| 22 | (7.10), authorized by Public Act 98-651, shall be made | ||||||
| 23 | within 10 State business days after June 16, 2014 (the | ||||||
| 24 | effective date of Public Act 98-651). That authority shall | ||||||
| 25 | remain in effect even if Public Act 98-651 does not become | ||||||
| 26 | law until State fiscal year 2015. | ||||||
| |||||||
| |||||||
| 1 | (7.10a) For State fiscal years 2015 through 2018, for | ||||||
| 2 | making transfers of the moneys resulting from the | ||||||
| 3 | assessment under subsection (b-5) of Section 5A-2 and | ||||||
| 4 | received from hospital providers under Section 5A-4 and | ||||||
| 5 | transferred into the Hospital Provider Fund under Section | ||||||
| 6 | 5A-6 to the designated funds not exceeding the following | ||||||
| 7 | amounts related to each State fiscal year: | ||||||
| 8 | Healthcare Provider Relief Fund......$50,000,000 | ||||||
| 9 | Transfers under this paragraph shall be made within 7 | ||||||
| 10 | days after the payments have been received pursuant to the | ||||||
| 11 | schedule of payments provided in subsection (a) of Section | ||||||
| 12 | 5A-4. | ||||||
| 13 | (7.11) (Blank). | ||||||
| 14 | (7.12) For State fiscal year 2013, for increasing by | ||||||
| 15 | 21/365ths the transfer of the moneys resulting from the | ||||||
| 16 | assessment under subsection (b-5) of Section 5A-2 and | ||||||
| 17 | received from hospital providers under Section 5A-4 for the | ||||||
| 18 | portion of State fiscal year 2012 beginning June 10, 2012 | ||||||
| 19 | through June 30, 2012 and transferred into the Hospital | ||||||
| 20 | Provider Fund under Section 5A-6 to the designated funds | ||||||
| 21 | not exceeding the following amounts in that State fiscal | ||||||
| 22 | year: | ||||||
| 23 | Healthcare Provider Relief Fund.......$2,870,000 | ||||||
| 24 | Since the federal Centers for Medicare and Medicaid | ||||||
| 25 | Services approval of the assessment authorized under | ||||||
| 26 | subsection (b-5) of Section 5A-2, received from hospital | ||||||
| |||||||
| |||||||
| 1 | providers under Section 5A-4 and the payment methodologies | ||||||
| 2 | to hospitals required under Section 5A-12.4 was not | ||||||
| 3 | received by the Department until State fiscal year 2014 and | ||||||
| 4 | since the Department made retroactive payments during | ||||||
| 5 | State fiscal year 2014 related to the referenced period of | ||||||
| 6 | June 2012, the transfer authority granted in this paragraph | ||||||
| 7 | (7.12) is extended through the date that is 10 State | ||||||
| 8 | business days after June 16, 2014 (the effective date of | ||||||
| 9 | Public Act 98-651). | ||||||
| 10 | (7.13) In addition to any other transfers authorized | ||||||
| 11 | under this Section, for State fiscal years 2017 and 2018, | ||||||
| 12 | for making transfers to the Healthcare Provider Relief Fund | ||||||
| 13 | of moneys collected from the ACA Assessment Adjustment | ||||||
| 14 | authorized under subsections (a) and (b-5) of Section 5A-2 | ||||||
| 15 | and paid by hospital providers under Section 5A-4 into the | ||||||
| 16 | Hospital Provider Fund under Section 5A-6 for each State | ||||||
| 17 | fiscal year. Timing of transfers to the Healthcare Provider | ||||||
| 18 | Relief Fund under this paragraph shall be at the discretion | ||||||
| 19 | of the Department, but no less frequently than quarterly. | ||||||
| 20 | (7.14) For making transfers not exceeding the | ||||||
| 21 | following amounts, related to State fiscal years 2019 | ||||||
| 22 | through 2024, to the following designated funds: | ||||||
| 23 | Health and Human Services Medicaid Trust | ||||||
| 24 | Fund..............................$20,000,000 | ||||||
| 25 | Long-Term Care Provider Fund..........$30,000,000 | ||||||
| 26 | Healthcare Health Care Provider Relief Fund | ||||||
| |||||||
| |||||||
| 1 | ....... $325,000,000. | ||||||
| 2 | Transfers under this paragraph shall be made within 7 | ||||||
| 3 | days after the payments have been received pursuant to the | ||||||
| 4 | schedule of payments provided in subsection (a) of Section | ||||||
| 5 | 5A-4. | ||||||
| 6 | (8) For making refunds to hospital providers pursuant | ||||||
| 7 | to Section 5A-10.
| ||||||
| 8 | (9) For making payment to capitated managed care | ||||||
| 9 | organizations as described in subsections (s) and (t) of | ||||||
| 10 | Section 5A-12.2 and subsection (r) of Section 5A-12.6 of | ||||||
| 11 | this Code. | ||||||
| 12 | Disbursements from the Fund, other than transfers | ||||||
| 13 | authorized under
paragraphs (5) and (6) of this subsection, | ||||||
| 14 | shall be by
warrants drawn by the State Comptroller upon | ||||||
| 15 | receipt of vouchers
duly executed and certified by the Illinois | ||||||
| 16 | Department.
| ||||||
| 17 | (c) The Fund shall consist of the following:
| ||||||
| 18 | (1) All moneys collected or received by the Illinois
| ||||||
| 19 | Department from the hospital provider assessment imposed | ||||||
| 20 | by this
Article.
| ||||||
| 21 | (2) All federal matching funds received by the Illinois
| ||||||
| 22 | Department as a result of expenditures made by the Illinois
| ||||||
| 23 | Department that are attributable to moneys deposited in the | ||||||
| 24 | Fund.
| ||||||
| 25 | (3) Any interest or penalty levied in conjunction with | ||||||
| 26 | the
administration of this Article.
| ||||||
| |||||||
| |||||||
| 1 | (3.5) As applicable, proceeds from surety bond | ||||||
| 2 | payments payable to the Department as referenced in | ||||||
| 3 | subsection (s) of Section 5A-12.2 of this Code. | ||||||
| 4 | (4) Moneys transferred from another fund in the State | ||||||
| 5 | treasury.
| ||||||
| 6 | (5) All other moneys received for the Fund from any | ||||||
| 7 | other
source, including interest earned thereon.
| ||||||
| 8 | (d) (Blank).
| ||||||
| 9 | (Source: P.A. 99-78, eff. 7-20-15; 99-516, eff. 6-30-16; | ||||||
| 10 | 99-933, eff. 1-27-17; 100-581, eff. 3-12-18; 100-863, eff. | ||||||
| 11 | 8-14-19; revised 7-12-19.)
| ||||||
| 12 | (305 ILCS 5/5H-1) | ||||||
| 13 | Sec. 5H-1. Definitions. As used in this Article: | ||||||
| 14 | "Base year" means the 12-month period from January 1, 2018 | ||||||
| 15 | to December 31, 2018. | ||||||
| 16 | "Department" means the Department of Healthcare and Family | ||||||
| 17 | Services. | ||||||
| 18 | "Federal employee health benefit" means the program of | ||||||
| 19 | health benefits plans, as defined in 5 U.S.C. 8901, available | ||||||
| 20 | to federal employees under 5 U.S.C. 8901 to 8914. | ||||||
| 21 | "Fund" means the Healthcare Provider Relief Fund. | ||||||
| 22 | "Managed care organization" means an entity operating | ||||||
| 23 | under a certificate of authority issued pursuant to the Health | ||||||
| 24 | Maintenance Organization Act or as a Managed Care Community | ||||||
| 25 | Network pursuant to Section 5-11 of this the Public Aid Code. | ||||||
| |||||||
| |||||||
| 1 | "Medicaid managed care organization" means a managed care | ||||||
| 2 | organization under contract with the Department to provide | ||||||
| 3 | services to recipients of benefits in the medical assistance | ||||||
| 4 | program pursuant to Article V of this the Public Aid Code, the | ||||||
| 5 | Children's Health Insurance Program Act, or the Covering ALL | ||||||
| 6 | KIDS Health Insurance Act. It does not include contracts the | ||||||
| 7 | same entity or an affiliated entity has for other business. | ||||||
| 8 | "Medicare" means the federal Medicare program established | ||||||
| 9 | under Title XVIII of the federal Social Security Act. | ||||||
| 10 | "Member months" means the aggregate total number of months | ||||||
| 11 | all individuals are enrolled for coverage in a Managed Care | ||||||
| 12 | Organization during the base year. Member months are determined | ||||||
| 13 | by the Department for Medicaid Managed Care Organizations based | ||||||
| 14 | on enrollment data in its Medicaid Management Information | ||||||
| 15 | System and by the Department of Insurance for other Managed | ||||||
| 16 | Care Organizations based on required filings with the | ||||||
| 17 | Department of Insurance. Member months do not include months | ||||||
| 18 | individuals are enrolled in a Limited Health Services | ||||||
| 19 | Organization, including stand-alone dental or vision plans, a | ||||||
| 20 | Medicare Advantage Plan, a Medicare Supplement Plan, a Medicaid | ||||||
| 21 | Medicare Alignment Initiate Plan pursuant to a Memorandum of | ||||||
| 22 | Understanding between the Department and the Federal Centers | ||||||
| 23 | for Medicare and Medicaid Services or a Federal Employee Health | ||||||
| 24 | Benefits Plan.
| ||||||
| 25 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5H-5) | ||||||
| 2 | Sec. 5H-5. Liability or resultant entities. In the event of | ||||||
| 3 | a merger, acquisition, or any similar transaction involving | ||||||
| 4 | entities subject to the assessment under this Article, the | ||||||
| 5 | resultant entity shall be responsible for the full amount of | ||||||
| 6 | the assessment for all entities involved in the transaction | ||||||
| 7 | with the member months allotted to tiers as they were prior to | ||||||
| 8 | the transaction and no member months shall change tiers as a | ||||||
| 9 | result of any transaction. A managed care organization that | ||||||
| 10 | ceases doing business in the State during any fiscal year shall | ||||||
| 11 | be liable only for the monthly installments due in months that | ||||||
| 12 | it they operated in the State. The Department shall by rule | ||||||
| 13 | establish a methodology to set the assessment base member | ||||||
| 14 | months for a managed care organization that begins operating in | ||||||
| 15 | the State at any time after 2018. Nothing in this Section shall | ||||||
| 16 | be construed to limit authority granted in subsection (c) of | ||||||
| 17 | Section 5H-3.
| ||||||
| 18 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
| 19 | (305 ILCS 5/5H-6) | ||||||
| 20 | Sec. 5H-6. Recordkeeping; penalties. | ||||||
| 21 | (a) A managed care organization that is liable for the | ||||||
| 22 | assessment under this Article shall keep accurate and complete | ||||||
| 23 | records and pertinent documents as may be required by the | ||||||
| 24 | Department. Records required by the Department shall be | ||||||
| 25 | retained for a period of 4 years after the assessment imposed | ||||||
| |||||||
| |||||||
| 1 | under this Act to which the records apply is due or as | ||||||
| 2 | otherwise provided by law. The Department or the Department of | ||||||
| 3 | Insurance may audit all records necessary to ensure compliance | ||||||
| 4 | with this Article and make adjustments to assessment amounts | ||||||
| 5 | previously calculated based on the results of any such audit. | ||||||
| 6 | (b) If a managed care organization fails to make a payment | ||||||
| 7 | due under this Article in a timely fashion, it they shall pay | ||||||
| 8 | an additional penalty of 5% of the amount of the installment | ||||||
| 9 | not paid on or before the due date, or any grace period | ||||||
| 10 | granted, plus 5% of the portion thereof remaining unpaid on the | ||||||
| 11 | last day of each 30-day period thereafter. The Department is | ||||||
| 12 | authorized to grant grace periods of up to 30 days upon request | ||||||
| 13 | of a managed care organization for good cause due to financial | ||||||
| 14 | or other difficulties, as determined by the Department. If a | ||||||
| 15 | managed care organization fails to make a payment within 60 | ||||||
| 16 | days after the due date the Department shall additionally | ||||||
| 17 | impose a contractual sanction allowed against a Medicaid | ||||||
| 18 | managed care organization and may terminate any such contract. | ||||||
| 19 | The Department of Insurance shall take action against the | ||||||
| 20 | certificate of authority of a non-Medicaid managed care | ||||||
| 21 | organization that fails to pay an installment within 60 days | ||||||
| 22 | after the due date.
| ||||||
| 23 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
| 24 | (305 ILCS 5/11-5.4) | ||||||
| 25 | Sec. 11-5.4. Expedited long-term care eligibility | ||||||
| |||||||
| |||||||
| 1 | determination and enrollment. | ||||||
| 2 | (a) Establishment of the expedited long-term care | ||||||
| 3 | eligibility determination and enrollment system shall be a | ||||||
| 4 | joint venture of the Departments of Human Services and | ||||||
| 5 | Healthcare and Family Services and the Department on Aging. | ||||||
| 6 | (b) Streamlined application enrollment process; expedited | ||||||
| 7 | eligibility process. The streamlined application and | ||||||
| 8 | enrollment process must include, but need not be limited to, | ||||||
| 9 | the following: | ||||||
| 10 | (1) On or before July 1, 2019, a streamlined | ||||||
| 11 | application and enrollment process shall be put in place | ||||||
| 12 | which must include, but need not be limited to, the | ||||||
| 13 | following: | ||||||
| 14 | (A) Minimize the burden on applicants by | ||||||
| 15 | collecting only the data necessary to determine | ||||||
| 16 | eligibility for medical services, long-term care | ||||||
| 17 | services, and spousal impoverishment offset. | ||||||
| 18 | (B) Integrate online data sources to simplify the | ||||||
| 19 | application process by reducing the amount of | ||||||
| 20 | information needed to be entered and to expedite | ||||||
| 21 | eligibility verification. | ||||||
| 22 | (C) Provide online prompts to alert the applicant | ||||||
| 23 | that information is missing or not complete. | ||||||
| 24 | (D) Provide training and step-by-step written | ||||||
| 25 | instructions for caseworkers, applicants, and | ||||||
| 26 | providers. | ||||||
| |||||||
| |||||||
| 1 | (2) The State must expedite the eligibility process for | ||||||
| 2 | applicants meeting specified guidelines, regardless of the | ||||||
| 3 | age of the application. The guidelines, subject to federal | ||||||
| 4 | approval, must include, but need not be limited to, the | ||||||
| 5 | following individually or collectively: | ||||||
| 6 | (A) Full Medicaid benefits in the community for a | ||||||
| 7 | specified period of time. | ||||||
| 8 | (B) No transfer of assets or resources during the | ||||||
| 9 | federally prescribed look-back period, as specified in | ||||||
| 10 | federal law. | ||||||
| 11 | (C) Receives
Supplemental Security Income payments | ||||||
| 12 | or was receiving such payments at the time of admission | ||||||
| 13 | to a nursing facility. | ||||||
| 14 | (D) For applicants or recipients with verified | ||||||
| 15 | income at or below 100% of the federal poverty level | ||||||
| 16 | when the declared value of their countable resources is | ||||||
| 17 | no greater than the allowable amounts pursuant to | ||||||
| 18 | Section 5-2 of this Code for classes of eligible | ||||||
| 19 | persons for whom a resource limit applies. Such | ||||||
| 20 | simplified verification policies shall apply to | ||||||
| 21 | community cases as well as long-term care cases. | ||||||
| 22 | (3) Subject to federal approval, the Department of | ||||||
| 23 | Healthcare and Family Services must implement an ex parte | ||||||
| 24 | renewal process for Medicaid-eligible individuals residing | ||||||
| 25 | in long-term care facilities. "Renewal" has the same | ||||||
| 26 | meaning as "redetermination" in State policies, | ||||||
| |||||||
| |||||||
| 1 | administrative rule, and federal Medicaid law. The ex parte | ||||||
| 2 | renewal process must be fully operational on or before | ||||||
| 3 | January 1, 2019. If an individual has transferred to | ||||||
| 4 | another long-term care facility, any annual notice | ||||||
| 5 | concerning redetermination of eligibility must be sent to | ||||||
| 6 | the long-term care facility where the individual resides as | ||||||
| 7 | well as to the individual. | ||||||
| 8 | (4) The Department of Human Services must use the | ||||||
| 9 | standards and distribution requirements described in this | ||||||
| 10 | subsection and in Section 11-6 for notification of missing | ||||||
| 11 | supporting documents and information during all phases of | ||||||
| 12 | the application process: initial, renewal, and appeal. | ||||||
| 13 | (c) The Department of Human Services must adopt policies | ||||||
| 14 | and procedures to improve communication between long-term care | ||||||
| 15 | benefits central office personnel, applicants and their | ||||||
| 16 | representatives, and facilities in which the applicants | ||||||
| 17 | reside. Such policies and procedures must at a minimum permit | ||||||
| 18 | applicants and their representatives and the facility in which | ||||||
| 19 | the applicants reside to speak directly to an individual | ||||||
| 20 | trained to take telephone inquiries and provide appropriate | ||||||
| 21 | responses.
| ||||||
| 22 | (d) Effective 30 days after the completion of 3 regionally | ||||||
| 23 | based trainings, nursing facilities shall submit all | ||||||
| 24 | applications for medical assistance online via the Application | ||||||
| 25 | for Benefits Eligibility (ABE) website. This requirement shall | ||||||
| 26 | extend to scanning and uploading with the online application | ||||||
| |||||||
| |||||||
| 1 | any required additional forms such as the Long Term Care | ||||||
| 2 | Facility Notification and the Additional Financial Information | ||||||
| 3 | for Long Term Care Applicants as well as scanned copies of any | ||||||
| 4 | supporting documentation. Long-term care facility admission | ||||||
| 5 | documents must be submitted as required in Section 5-5 of this | ||||||
| 6 | Code. No local Department of Human Services office shall refuse | ||||||
| 7 | to accept an electronically filed application. No Department of | ||||||
| 8 | Human Services office shall request submission of any document | ||||||
| 9 | in hard copy. | ||||||
| 10 | (e) Notwithstanding any other provision of this Code, the | ||||||
| 11 | Department of Human Services and the Department of Healthcare | ||||||
| 12 | and Family Services' Office of the Inspector General shall, | ||||||
| 13 | upon request, allow an applicant additional time to submit | ||||||
| 14 | information and documents needed as part of a review of | ||||||
| 15 | available resources or resources transferred during the | ||||||
| 16 | look-back period. The initial extension shall not exceed 30 | ||||||
| 17 | days. A second extension of 30 days may be granted upon | ||||||
| 18 | request. Any request for information issued by the State to an | ||||||
| 19 | applicant shall include the following: an explanation of the | ||||||
| 20 | information required and the date by which the information must | ||||||
| 21 | be submitted; a statement that failure to respond in a timely | ||||||
| 22 | manner can result in denial of the application; a statement | ||||||
| 23 | that the applicant or the facility in the name of the applicant | ||||||
| 24 | may seek an extension; and the name and contact information of | ||||||
| 25 | a caseworker in case of questions. Any such request for | ||||||
| 26 | information shall also be sent to the facility. In deciding | ||||||
| |||||||
| |||||||
| 1 | whether to grant an extension, the Department of Human Services | ||||||
| 2 | or the Department of Healthcare and Family Services' Office of | ||||||
| 3 | the Inspector General shall take into account what is in the | ||||||
| 4 | best interest of the applicant. The time limits for processing | ||||||
| 5 | an application shall be tolled during the period of any | ||||||
| 6 | extension granted under this subsection. | ||||||
| 7 | (f) The Department of Human Services and the Department of | ||||||
| 8 | Healthcare and Family Services must jointly compile data on | ||||||
| 9 | pending applications, denials, appeals, and redeterminations | ||||||
| 10 | into a monthly report, which shall be posted on each | ||||||
| 11 | Department's website for the purposes of monitoring long-term | ||||||
| 12 | care eligibility processing. The report must specify the number | ||||||
| 13 | of applications and redeterminations pending long-term care | ||||||
| 14 | eligibility determination and admission and the number of | ||||||
| 15 | appeals of denials in the following categories: | ||||||
| 16 | (A) Length of time applications, redeterminations, and | ||||||
| 17 | appeals are pending - 0 to 45 days, 46 days to 90 days, 91 | ||||||
| 18 | days to 180 days, 181 days to 12 months, over 12 months to | ||||||
| 19 | 18 months, over 18 months to 24 months, and over 24 months. | ||||||
| 20 | (B) Percentage of applications and redeterminations | ||||||
| 21 | pending in the Department of Human Services' Family | ||||||
| 22 | Community Resource Centers, in the Department of Human | ||||||
| 23 | Services' long-term care hubs, with the Department of | ||||||
| 24 | Healthcare and Family Services' Office of Inspector | ||||||
| 25 | General, and those applications which are being tolled due | ||||||
| 26 | to requests for extension of time for additional | ||||||
| |||||||
| |||||||
| 1 | information. | ||||||
| 2 | (C) Status of pending applications, denials, appeals, | ||||||
| 3 | and redeterminations. | ||||||
| 4 | (g) Beginning on July 1, 2017, the Auditor General shall | ||||||
| 5 | report every 3 years to the General Assembly on the performance | ||||||
| 6 | and compliance of the Department of Healthcare and Family | ||||||
| 7 | Services, the Department of Human Services, and the Department | ||||||
| 8 | on Aging in meeting the requirements of this Section and the | ||||||
| 9 | federal requirements concerning eligibility determinations for | ||||||
| 10 | Medicaid long-term care services and supports, and shall report | ||||||
| 11 | any issues or deficiencies and make recommendations. The | ||||||
| 12 | Auditor General shall, at a minimum, review, consider, and | ||||||
| 13 | evaluate the following: | ||||||
| 14 | (1) compliance with federal regulations on furnishing | ||||||
| 15 | services as related to Medicaid long-term care services and | ||||||
| 16 | supports as provided under 42 CFR 435.930; | ||||||
| 17 | (2) compliance with federal regulations on the timely | ||||||
| 18 | determination of eligibility as provided under 42 CFR | ||||||
| 19 | 435.912; | ||||||
| 20 | (3) the accuracy and completeness of the report | ||||||
| 21 | required under paragraph (9) of subsection (e); | ||||||
| 22 | (4) the efficacy and efficiency of the task-based | ||||||
| 23 | process used for making eligibility determinations in the | ||||||
| 24 | centralized offices of the Department of Human Services for | ||||||
| 25 | long-term care services, including the role of the State's | ||||||
| 26 | integrated eligibility system, as opposed to the | ||||||
| |||||||
| |||||||
| 1 | traditional caseworker-specific process from which these | ||||||
| 2 | central offices have converted; and | ||||||
| 3 | (5) any issues affecting eligibility determinations | ||||||
| 4 | related to the Department of Human Services' staff | ||||||
| 5 | completing Medicaid eligibility determinations instead of | ||||||
| 6 | the designated single-state Medicaid agency in Illinois, | ||||||
| 7 | the Department of Healthcare and Family Services. | ||||||
| 8 | The Auditor General's report shall include any and all | ||||||
| 9 | other areas or issues which are identified through an annual | ||||||
| 10 | review. Paragraphs (1) through (5) of this subsection shall not | ||||||
| 11 | be construed to limit the scope of the annual review and the | ||||||
| 12 | Auditor General's authority to thoroughly and completely | ||||||
| 13 | evaluate any and all processes, policies, and procedures | ||||||
| 14 | concerning compliance with federal and State law requirements | ||||||
| 15 | on eligibility determinations for Medicaid long-term care | ||||||
| 16 | services and supports. | ||||||
| 17 | (h) The Department of Healthcare and Family Services shall | ||||||
| 18 | adopt any rules necessary to administer and enforce any | ||||||
| 19 | provision of this Section. Rulemaking shall not delay the full | ||||||
| 20 | implementation of this Section. | ||||||
| 21 | (i) Beginning on June 29, 2018, provisional eligibility for | ||||||
| 22 | medical assistance under Article V of this Code, in
the form of | ||||||
| 23 | a recipient identification number and any other necessary | ||||||
| 24 | credentials to permit an applicant to receive covered services | ||||||
| 25 | under Article V, must be issued to any applicant who has not | ||||||
| 26 | received a determination on his or her application for Medicaid | ||||||
| |||||||
| |||||||
| 1 | and Medicaid long-term care services filed simultaneously or, | ||||||
| 2 | if already Medicaid enrolled, application for Medicaid | ||||||
| 3 | long-term care services under Article V of this Code within the | ||||||
| 4 | federally prescribed timeliness requirements for | ||||||
| 5 | determinations on such applications. The Department of | ||||||
| 6 | Healthcare and Family Services must maintain the applicant's | ||||||
| 7 | provisional eligibility status until a determination is made on | ||||||
| 8 | the individual's application for long-term care services. The | ||||||
| 9 | Department of Healthcare and Family Services or the managed | ||||||
| 10 | care organization, if applicable, must reimburse providers for | ||||||
| 11 | services rendered during an applicant's provisional | ||||||
| 12 | eligibility period. | ||||||
| 13 | (1) Claims for services rendered to an applicant with | ||||||
| 14 | provisional eligibility status must be submitted and | ||||||
| 15 | processed in the same manner as those submitted on behalf | ||||||
| 16 | of beneficiaries determined to qualify for benefits. | ||||||
| 17 | (2) An applicant with provisional eligibility status | ||||||
| 18 | must have his or her long-term care benefits paid for under | ||||||
| 19 | the State's fee-for-service system during the period of | ||||||
| 20 | provisional eligibility. If an individual otherwise | ||||||
| 21 | eligible for medical assistance under Article V of this | ||||||
| 22 | Code is enrolled with a managed care organization for | ||||||
| 23 | community benefits at the time the individual's | ||||||
| 24 | provisional eligibility for long-term care services is | ||||||
| 25 | issued, the managed care organization is only responsible | ||||||
| 26 | for paying benefits covered under the capitation payment | ||||||
| |||||||
| |||||||
| 1 | received by the managed care organization for the | ||||||
| 2 | individual. | ||||||
| 3 | (3) The Department of Healthcare and Family Services, | ||||||
| 4 | within 10 business days of issuing provisional eligibility | ||||||
| 5 | to an applicant, must submit to the Office of the | ||||||
| 6 | Comptroller for payment a voucher for all retroactive | ||||||
| 7 | reimbursement due. The Department of Healthcare and Family | ||||||
| 8 | Services must clearly identify such vouchers as | ||||||
| 9 | provisional eligibility vouchers. | ||||||
| 10 | (Source: P.A. 100-380, eff. 8-25-17; 100-665, eff. 8-2-18; | ||||||
| 11 | 100-1141, eff. 11-28-18; 101-101, eff. 1-1-20; 101-209, eff. | ||||||
| 12 | 8-5-19; 101-265, eff. 8-9-19; 101-559, eff. 8-23-19; revised | ||||||
| 13 | 9-19-19.)
| ||||||
| 14 | (305 ILCS 5/12-4.13c) | ||||||
| 15 | Sec. 12-4.13c. SNAP Restaurant Meals Program. | ||||||
| 16 | (a) Subject to federal approval of the plan for operating | ||||||
| 17 | the Program, the Department of Human Services shall establish a | ||||||
| 18 | Restaurant Meals Program as part of the federal Supplemental | ||||||
| 19 | Nutrition Assistance Program (SNAP). Under the Restaurant | ||||||
| 20 | Meals Program, households containing elderly or disabled | ||||||
| 21 | members, and their spouses, as defined in 7 U.S.C. 2012(j), or | ||||||
| 22 | homeless individuals, as defined in 7 U.S.C. 2012(l), shall | ||||||
| 23 | have the option in accordance with 7 U.S.C. 2012(k) to redeem | ||||||
| 24 | their SNAP benefits at private establishments that contract | ||||||
| 25 | with the Department to offer meals for eligible individuals at | ||||||
| |||||||
| |||||||
| 1 | concessional prices subject to 7 U.S.C. 2018(h). The Restaurant | ||||||
| 2 | Meals Program shall be operational no later than July 1, 2021. | ||||||
| 3 | (b) The Department of Human Services shall adopt any rules | ||||||
| 4 | necessary to implement the provisions of this Section.
| ||||||
| 5 | (Source: P.A. 101-10, eff. 6-5-19; 101-110, eff. 7-19-19.)
| ||||||
| 6 | (305 ILCS 5/12-4.13d)
| ||||||
| 7 | Sec. 12-4.13d 12-4.13c. SNAP eligibility notification; | ||||||
| 8 | college students. | ||||||
| 9 | (a) To complement student financial assistance programs | ||||||
| 10 | and to enhance their effectiveness for students with financial | ||||||
| 11 | need, the Illinois Student Assistance Commission (ISAC) shall | ||||||
| 12 | annually include information about the Supplemental Nutrition | ||||||
| 13 | Assistance Program (SNAP) in the language that schools are | ||||||
| 14 | required to provide to students eligible for the Monetary Award | ||||||
| 15 | Program grant. The language shall, at a minimum, direct | ||||||
| 16 | students to information about college student eligibility | ||||||
| 17 | criteria for SNAP, and it shall direct students to the | ||||||
| 18 | Department of Human Services and to the Illinois Hunger | ||||||
| 19 | Coalition's Hunger Hotline for additional information. | ||||||
| 20 | (b) Illinois institutions of higher education that | ||||||
| 21 | participate in the Monetary Award Program (MAP) shall provide | ||||||
| 22 | the notice described in subsection (a) to all students who are | ||||||
| 23 | enrolled, or who are accepted for enrollment and intending to | ||||||
| 24 | enroll, and who have been identified by ISAC as MAP-eligible at | ||||||
| 25 | the institution. If possible, the institution may designate a | ||||||
| |||||||
| |||||||
| 1 | public benefits liaison or single point person to assist | ||||||
| 2 | students in taking the necessary steps to obtain public | ||||||
| 3 | benefits if eligible. | ||||||
| 4 | (c) ISAC shall adopt any rules necessary to implement the | ||||||
| 5 | provisions of this Section on or before October 1, 2020.
| ||||||
| 6 | (Source: P.A. 101-560, eff. 8-23-19; revised 10-22-19.)
| ||||||
| 7 | (305 ILCS 5/14-12) | ||||||
| 8 | Sec. 14-12. Hospital rate reform payment system. The | ||||||
| 9 | hospital payment system pursuant to Section 14-11 of this | ||||||
| 10 | Article shall be as follows: | ||||||
| 11 | (a) Inpatient hospital services. Effective for discharges | ||||||
| 12 | on and after July 1, 2014, reimbursement for inpatient general | ||||||
| 13 | acute care services shall utilize the All Patient Refined | ||||||
| 14 | Diagnosis Related Grouping (APR-DRG) software, version 30, | ||||||
| 15 | distributed by 3MTM Health Information System. | ||||||
| 16 | (1) The Department shall establish Medicaid weighting | ||||||
| 17 | factors to be used in the reimbursement system established | ||||||
| 18 | under this subsection. Initial weighting factors shall be | ||||||
| 19 | the weighting factors as published by 3M Health Information | ||||||
| 20 | System, associated with Version 30.0 adjusted for the | ||||||
| 21 | Illinois experience. | ||||||
| 22 | (2) The Department shall establish a | ||||||
| 23 | statewide-standardized amount to be used in the inpatient | ||||||
| 24 | reimbursement system. The Department shall publish these | ||||||
| 25 | amounts on its website no later than 10 calendar days prior | ||||||
| |||||||
| |||||||
| 1 | to their effective date. | ||||||
| 2 | (3) In addition to the statewide-standardized amount, | ||||||
| 3 | the Department shall develop adjusters to adjust the rate | ||||||
| 4 | of reimbursement for critical Medicaid providers or | ||||||
| 5 | services for trauma, transplantation services, perinatal | ||||||
| 6 | care, and Graduate Medical Education (GME). | ||||||
| 7 | (4) The Department shall develop add-on payments to | ||||||
| 8 | account for exceptionally costly inpatient stays, | ||||||
| 9 | consistent with Medicare outlier principles. Outlier fixed | ||||||
| 10 | loss thresholds may be updated to control for excessive | ||||||
| 11 | growth in outlier payments no more frequently than on an | ||||||
| 12 | annual basis, but at least triennially. Upon updating the | ||||||
| 13 | fixed loss thresholds, the Department shall be required to | ||||||
| 14 | update base rates within 12 months. | ||||||
| 15 | (5) The Department shall define those hospitals or | ||||||
| 16 | distinct parts of hospitals that shall be exempt from the | ||||||
| 17 | APR-DRG reimbursement system established under this | ||||||
| 18 | Section. The Department shall publish these hospitals' | ||||||
| 19 | inpatient rates on its website no later than 10 calendar | ||||||
| 20 | days prior to their effective date. | ||||||
| 21 | (6) Beginning July 1, 2014 and ending on June 30, 2024, | ||||||
| 22 | in addition to the statewide-standardized amount, the | ||||||
| 23 | Department shall develop an adjustor to adjust the rate of | ||||||
| 24 | reimbursement for safety-net hospitals defined in Section | ||||||
| 25 | 5-5e.1 of this Code excluding pediatric hospitals. | ||||||
| 26 | (7) Beginning July 1, 2014 and ending on June 30, 2020, | ||||||
| |||||||
| |||||||
| 1 | or upon implementation of inpatient psychiatric rate | ||||||
| 2 | increases as described in subsection (n) of Section | ||||||
| 3 | 5A-12.6, in addition to the statewide-standardized amount, | ||||||
| 4 | the Department shall develop an adjustor to adjust the rate | ||||||
| 5 | of reimbursement for Illinois freestanding inpatient | ||||||
| 6 | psychiatric hospitals that are not designated as | ||||||
| 7 | children's hospitals by the Department but are primarily | ||||||
| 8 | treating patients under the age of 21. | ||||||
| 9 | (7.5) Beginning July 1, 2020, the reimbursement for | ||||||
| 10 | inpatient psychiatric services shall be so that base claims | ||||||
| 11 | projected reimbursement is increased by an amount equal to | ||||||
| 12 | the funds allocated in paragraph (2) of subsection (b) of | ||||||
| 13 | Section 5A-12.6, less the amount allocated under | ||||||
| 14 | paragraphs (8) and (9) of this subsection and paragraphs | ||||||
| 15 | (3) and (4) of subsection (b) multiplied by 13%. Beginning | ||||||
| 16 | July 1, 2022, the reimbursement for inpatient psychiatric | ||||||
| 17 | services shall be so that base claims projected | ||||||
| 18 | reimbursement is increased by an amount equal to the funds | ||||||
| 19 | allocated in paragraph (3) of subsection (b) of Section | ||||||
| 20 | 5A-12.6, less the amount allocated under paragraphs (8) and | ||||||
| 21 | (9) of this subsection and paragraphs (3) and (4) of | ||||||
| 22 | subsection (b) multiplied by 13%. Beginning July 1, 2024, | ||||||
| 23 | the reimbursement for inpatient psychiatric services shall | ||||||
| 24 | be so that base claims projected reimbursement is increased | ||||||
| 25 | by an amount equal to the funds allocated in paragraph (4) | ||||||
| 26 | of subsection (b) of Section 5A-12.6, less the amount | ||||||
| |||||||
| |||||||
| 1 | allocated under paragraphs (8) and (9) of this subsection | ||||||
| 2 | and paragraphs (3) and (4) of subsection (b) multiplied by | ||||||
| 3 | 13%. | ||||||
| 4 | (8) Beginning July 1, 2018, in addition to the | ||||||
| 5 | statewide-standardized amount, the Department shall adjust | ||||||
| 6 | the rate of reimbursement for hospitals designated by the | ||||||
| 7 | Department of Public Health as a Perinatal Level II or II+ | ||||||
| 8 | center by applying the same adjustor that is applied to | ||||||
| 9 | Perinatal and Obstetrical care cases for Perinatal Level | ||||||
| 10 | III centers, as of December 31, 2017. | ||||||
| 11 | (9) Beginning July 1, 2018, in addition to the | ||||||
| 12 | statewide-standardized amount, the Department shall apply | ||||||
| 13 | the same adjustor that is applied to trauma cases as of | ||||||
| 14 | December 31, 2017 to inpatient claims to treat patients | ||||||
| 15 | with burns, including, but not limited to, APR-DRGs 841, | ||||||
| 16 | 842, 843, and 844. | ||||||
| 17 | (10) Beginning July 1, 2018, the | ||||||
| 18 | statewide-standardized amount for inpatient general acute | ||||||
| 19 | care services shall be uniformly increased so that base | ||||||
| 20 | claims projected reimbursement is increased by an amount | ||||||
| 21 | equal to the funds allocated in paragraph (1) of subsection | ||||||
| 22 | (b) of Section 5A-12.6, less the amount allocated under | ||||||
| 23 | paragraphs (8) and (9) of this subsection and paragraphs | ||||||
| 24 | (3) and (4) of subsection (b) multiplied by 40%. Beginning | ||||||
| 25 | July 1, 2020, the statewide-standardized amount for | ||||||
| 26 | inpatient general acute care services shall be uniformly | ||||||
| |||||||
| |||||||
| 1 | increased so that base claims projected reimbursement is | ||||||
| 2 | increased by an amount equal to the funds allocated in | ||||||
| 3 | paragraph (2) of subsection (b) of Section 5A-12.6, less | ||||||
| 4 | the amount allocated under paragraphs (8) and (9) of this | ||||||
| 5 | subsection and paragraphs (3) and (4) of subsection (b) | ||||||
| 6 | multiplied by 40%. Beginning July 1, 2022, the | ||||||
| 7 | statewide-standardized amount for inpatient general acute | ||||||
| 8 | care services shall be uniformly increased so that base | ||||||
| 9 | claims projected reimbursement is increased by an amount | ||||||
| 10 | equal to the funds allocated in paragraph (3) of subsection | ||||||
| 11 | (b) of Section 5A-12.6, less the amount allocated under | ||||||
| 12 | paragraphs (8) and (9) of this subsection and paragraphs | ||||||
| 13 | (3) and (4) of subsection (b) multiplied by 40%. Beginning | ||||||
| 14 | July 1, 2023 the statewide-standardized amount for | ||||||
| 15 | inpatient general acute care services shall be uniformly | ||||||
| 16 | increased so that base claims projected reimbursement is | ||||||
| 17 | increased by an amount equal to the funds allocated in | ||||||
| 18 | paragraph (4) of subsection (b) of Section 5A-12.6, less | ||||||
| 19 | the amount allocated under paragraphs (8) and (9) of this | ||||||
| 20 | subsection and paragraphs (3) and (4) of subsection (b) | ||||||
| 21 | multiplied by 40%. | ||||||
| 22 | (11) Beginning July 1, 2018, the reimbursement for | ||||||
| 23 | inpatient rehabilitation services shall be increased by | ||||||
| 24 | the addition of a $96 per day add-on. | ||||||
| 25 | Beginning July 1, 2020, the reimbursement for | ||||||
| 26 | inpatient rehabilitation services shall be uniformly | ||||||
| |||||||
| |||||||
| 1 | increased so that the $96 per day add-on is increased by an | ||||||
| 2 | amount equal to the funds allocated in paragraph (2) of | ||||||
| 3 | subsection (b) of Section 5A-12.6, less the amount | ||||||
| 4 | allocated under paragraphs (8) and (9) of this subsection | ||||||
| 5 | and paragraphs (3) and (4) of subsection (b) multiplied by | ||||||
| 6 | 0.9%. | ||||||
| 7 | Beginning July 1, 2022, the reimbursement for | ||||||
| 8 | inpatient rehabilitation services shall be uniformly | ||||||
| 9 | increased so that the $96 per day add-on as adjusted by the | ||||||
| 10 | July 1, 2020 increase, is increased by an amount equal to | ||||||
| 11 | the funds allocated in paragraph (3) of subsection (b) of | ||||||
| 12 | Section 5A-12.6, less the amount allocated under | ||||||
| 13 | paragraphs (8) and (9) of this subsection and paragraphs | ||||||
| 14 | (3) and (4) of subsection (b) multiplied by 0.9%. | ||||||
| 15 | Beginning July 1, 2023, the reimbursement for | ||||||
| 16 | inpatient rehabilitation services shall be uniformly | ||||||
| 17 | increased so that the $96 per day add-on as adjusted by the | ||||||
| 18 | July 1, 2022 increase, is increased by an amount equal to | ||||||
| 19 | the funds allocated in paragraph (4) of subsection (b) of | ||||||
| 20 | Section 5A-12.6, less the amount allocated under | ||||||
| 21 | paragraphs (8) and (9) of this subsection and paragraphs | ||||||
| 22 | (3) and (4) of subsection (b) multiplied by 0.9%. | ||||||
| 23 | (b) Outpatient hospital services. Effective for dates of | ||||||
| 24 | service on and after July 1, 2014, reimbursement for outpatient | ||||||
| 25 | services shall utilize the Enhanced Ambulatory Procedure | ||||||
| 26 | Grouping (EAPG) software, version 3.7 distributed by 3MTM | ||||||
| |||||||
| |||||||
| 1 | Health Information System. | ||||||
| 2 | (1) The Department shall establish Medicaid weighting | ||||||
| 3 | factors to be used in the reimbursement system established | ||||||
| 4 | under this subsection. The initial weighting factors shall | ||||||
| 5 | be the weighting factors as published by 3M Health | ||||||
| 6 | Information System, associated with Version 3.7. | ||||||
| 7 | (2) The Department shall establish service specific | ||||||
| 8 | statewide-standardized amounts to be used in the | ||||||
| 9 | reimbursement system. | ||||||
| 10 | (A) The initial statewide standardized amounts, | ||||||
| 11 | with the labor portion adjusted by the Calendar Year | ||||||
| 12 | 2013 Medicare Outpatient Prospective Payment System | ||||||
| 13 | wage index with reclassifications, shall be published | ||||||
| 14 | by the Department on its website no later than 10 | ||||||
| 15 | calendar days prior to their effective date. | ||||||
| 16 | (B) The Department shall establish adjustments to | ||||||
| 17 | the statewide-standardized amounts for each Critical | ||||||
| 18 | Access Hospital, as designated by the Department of | ||||||
| 19 | Public Health in accordance with 42 CFR 485, Subpart F. | ||||||
| 20 | For outpatient services provided on or before June 30, | ||||||
| 21 | 2018, the EAPG standardized amounts are determined | ||||||
| 22 | separately for each critical access hospital such that | ||||||
| 23 | simulated EAPG payments using outpatient base period | ||||||
| 24 | paid claim data plus payments under Section 5A-12.4 of | ||||||
| 25 | this Code net of the associated tax costs are equal to | ||||||
| 26 | the estimated costs of outpatient base period claims | ||||||
| |||||||
| |||||||
| 1 | data with a rate year cost inflation factor applied. | ||||||
| 2 | (3) In addition to the statewide-standardized amounts, | ||||||
| 3 | the Department shall develop adjusters to adjust the rate | ||||||
| 4 | of reimbursement for critical Medicaid hospital outpatient | ||||||
| 5 | providers or services, including outpatient high volume or | ||||||
| 6 | safety-net hospitals. Beginning July 1, 2018, the | ||||||
| 7 | outpatient high volume adjustor shall be increased to | ||||||
| 8 | increase annual expenditures associated with this adjustor | ||||||
| 9 | by $79,200,000, based on the State Fiscal Year 2015 base | ||||||
| 10 | year data and this adjustor shall apply to public | ||||||
| 11 | hospitals, except for large public hospitals, as defined | ||||||
| 12 | under 89 Ill. Adm. Code 148.25(a). | ||||||
| 13 | (4) Beginning July 1, 2018, in addition to the | ||||||
| 14 | statewide standardized amounts, the Department shall make | ||||||
| 15 | an add-on payment for outpatient expensive devices and | ||||||
| 16 | drugs. This add-on payment shall at least apply to claim | ||||||
| 17 | lines that: (i) are assigned with one of the following | ||||||
| 18 | EAPGs: 490, 1001 to 1020, and coded with one of the | ||||||
| 19 | following revenue codes: 0274 to 0276, 0278; or (ii) are | ||||||
| 20 | assigned with one of the following EAPGs: 430 to 441, 443, | ||||||
| 21 | 444, 460 to 465, 495, 496, 1090. The add-on payment shall | ||||||
| 22 | be calculated as follows: the claim line's covered charges | ||||||
| 23 | multiplied by the hospital's total acute cost to charge | ||||||
| 24 | ratio, less the claim line's EAPG payment plus $1,000, | ||||||
| 25 | multiplied by 0.8. | ||||||
| 26 | (5) Beginning July 1, 2018, the statewide-standardized | ||||||
| |||||||
| |||||||
| 1 | amounts for outpatient services shall be increased by a | ||||||
| 2 | uniform percentage so that base claims projected | ||||||
| 3 | reimbursement is increased by an amount equal to no less | ||||||
| 4 | than the funds allocated in paragraph (1) of subsection (b) | ||||||
| 5 | of Section 5A-12.6, less the amount allocated under | ||||||
| 6 | paragraphs (8) and (9) of subsection (a) and paragraphs (3) | ||||||
| 7 | and (4) of this subsection multiplied by 46%. Beginning | ||||||
| 8 | July 1, 2020, the statewide-standardized amounts for | ||||||
| 9 | outpatient services shall be increased by a uniform | ||||||
| 10 | percentage so that base claims projected reimbursement is | ||||||
| 11 | increased by an amount equal to no less than the funds | ||||||
| 12 | allocated in paragraph (2) of subsection (b) of Section | ||||||
| 13 | 5A-12.6, less the amount allocated under paragraphs (8) and | ||||||
| 14 | (9) of subsection (a) and paragraphs (3) and (4) of this | ||||||
| 15 | subsection multiplied by 46%. Beginning July 1, 2022, the | ||||||
| 16 | statewide-standardized amounts for outpatient services | ||||||
| 17 | shall be increased by a uniform percentage so that base | ||||||
| 18 | claims projected reimbursement is increased by an amount | ||||||
| 19 | equal to the funds allocated in paragraph (3) of subsection | ||||||
| 20 | (b) of Section 5A-12.6, less the amount allocated under | ||||||
| 21 | paragraphs (8) and (9) of subsection (a) and paragraphs (3) | ||||||
| 22 | and (4) of this subsection multiplied by 46%. Beginning | ||||||
| 23 | July 1, 2023, the statewide-standardized amounts for | ||||||
| 24 | outpatient services shall be increased by a uniform | ||||||
| 25 | percentage so that base claims projected reimbursement is | ||||||
| 26 | increased by an amount equal to no less than the funds | ||||||
| |||||||
| |||||||
| 1 | allocated in paragraph (4) of subsection (b) of Section | ||||||
| 2 | 5A-12.6, less the amount allocated under paragraphs (8) and | ||||||
| 3 | (9) of subsection (a) and paragraphs (3) and (4) of this | ||||||
| 4 | subsection multiplied by 46%. | ||||||
| 5 | (6) Effective for dates of service on or after July 1, | ||||||
| 6 | 2018, the Department shall establish adjustments to the | ||||||
| 7 | statewide-standardized amounts for each Critical Access | ||||||
| 8 | Hospital, as designated by the Department of Public Health | ||||||
| 9 | in accordance with 42 CFR 485, Subpart F, such that each | ||||||
| 10 | Critical Access Hospital's standardized amount for | ||||||
| 11 | outpatient services shall be increased by the applicable | ||||||
| 12 | uniform percentage determined pursuant to paragraph (5) of | ||||||
| 13 | this subsection. It is the intent of the General Assembly | ||||||
| 14 | that the adjustments required under this paragraph (6) by | ||||||
| 15 | Public Act 100-1181 this amendatory Act of the 100th | ||||||
| 16 | General Assembly shall be applied retroactively to claims | ||||||
| 17 | for dates of service provided on or after July 1, 2018. | ||||||
| 18 | (7) Effective for dates of service on or after March 8, | ||||||
| 19 | 2019 (the effective date of Public Act 100-1181) this | ||||||
| 20 | amendatory Act of the 100th General Assembly, the | ||||||
| 21 | Department shall recalculate and implement an updated | ||||||
| 22 | statewide-standardized amount for outpatient services | ||||||
| 23 | provided by hospitals that are not Critical Access | ||||||
| 24 | Hospitals to reflect the applicable uniform percentage | ||||||
| 25 | determined pursuant to paragraph (5). | ||||||
| 26 | (1) Any recalculation to the | ||||||
| |||||||
| |||||||
| 1 | statewide-standardized amounts for outpatient services | ||||||
| 2 | provided by hospitals that are not Critical Access | ||||||
| 3 | Hospitals shall be the amount necessary to achieve the | ||||||
| 4 | increase in the statewide-standardized amounts for | ||||||
| 5 | outpatient services increased by a uniform percentage, | ||||||
| 6 | so that base claims projected reimbursement is | ||||||
| 7 | increased by an amount equal to no less than the funds | ||||||
| 8 | allocated in paragraph (1) of subsection (b) of Section | ||||||
| 9 | 5A-12.6, less the amount allocated under paragraphs | ||||||
| 10 | (8) and (9) of subsection (a) and paragraphs (3) and | ||||||
| 11 | (4) of this subsection, for all hospitals that are not | ||||||
| 12 | Critical Access Hospitals, multiplied by 46%. | ||||||
| 13 | (2) It is the intent of the General Assembly that | ||||||
| 14 | the recalculations required under this paragraph (7) | ||||||
| 15 | by Public Act 100-1181 this amendatory Act of the 100th | ||||||
| 16 | General Assembly shall be applied prospectively to | ||||||
| 17 | claims for dates of service provided on or after March | ||||||
| 18 | 8, 2019 (the effective date of Public Act 100-1181) | ||||||
| 19 | this amendatory Act of the 100th General Assembly and | ||||||
| 20 | that no recoupment or repayment by the Department or an | ||||||
| 21 | MCO of payments attributable to recalculation under | ||||||
| 22 | this paragraph (7), issued to the hospital for dates of | ||||||
| 23 | service on or after July 1, 2018 and before March 8, | ||||||
| 24 | 2019 (the effective date of Public Act 100-1181) this | ||||||
| 25 | amendatory Act of the 100th General Assembly, shall be | ||||||
| 26 | permitted. | ||||||
| |||||||
| |||||||
| 1 | (8) The Department shall ensure that all necessary | ||||||
| 2 | adjustments to the managed care organization capitation | ||||||
| 3 | base rates necessitated by the adjustments under | ||||||
| 4 | subparagraph (6) or (7) of this subsection are completed | ||||||
| 5 | and applied retroactively in accordance with Section | ||||||
| 6 | 5-30.8 of this Code within 90 days of March 8, 2019 (the | ||||||
| 7 | effective date of Public Act 100-1181) this amendatory Act | ||||||
| 8 | of the 100th General Assembly. | ||||||
| 9 | (c) In consultation with the hospital community, the | ||||||
| 10 | Department is authorized to replace 89 Ill. Admin. Code 152.150 | ||||||
| 11 | as published in 38 Ill. Reg. 4980 through 4986 within 12 months | ||||||
| 12 | of June 16, 2014 (the effective date of Public Act 98-651). If | ||||||
| 13 | the Department does not replace these rules within 12 months of | ||||||
| 14 | June 16, 2014 (the effective date of Public Act 98-651), the | ||||||
| 15 | rules in effect for 152.150 as published in 38 Ill. Reg. 4980 | ||||||
| 16 | through 4986 shall remain in effect until modified by rule by | ||||||
| 17 | the Department. Nothing in this subsection shall be construed | ||||||
| 18 | to mandate that the Department file a replacement rule. | ||||||
| 19 | (d) Transition period.
There shall be a transition period | ||||||
| 20 | to the reimbursement systems authorized under this Section that | ||||||
| 21 | shall begin on the effective date of these systems and continue | ||||||
| 22 | until June 30, 2018, unless extended by rule by the Department. | ||||||
| 23 | To help provide an orderly and predictable transition to the | ||||||
| 24 | new reimbursement systems and to preserve and enhance access to | ||||||
| 25 | the hospital services during this transition, the Department | ||||||
| 26 | shall allocate a transitional hospital access pool of at least | ||||||
| |||||||
| |||||||
| 1 | $290,000,000 annually so that transitional hospital access | ||||||
| 2 | payments are made to hospitals. | ||||||
| 3 | (1) After the transition period, the Department may | ||||||
| 4 | begin incorporating the transitional hospital access pool | ||||||
| 5 | into the base rate structure; however, the transitional | ||||||
| 6 | hospital access payments in effect on June 30, 2018 shall | ||||||
| 7 | continue to be paid, if continued under Section 5A-16. | ||||||
| 8 | (2) After the transition period, if the Department | ||||||
| 9 | reduces payments from the transitional hospital access | ||||||
| 10 | pool, it shall increase base rates, develop new adjustors, | ||||||
| 11 | adjust current adjustors, develop new hospital access | ||||||
| 12 | payments based on updated information, or any combination | ||||||
| 13 | thereof by an amount equal to the decreases proposed in the | ||||||
| 14 | transitional hospital access pool payments, ensuring that | ||||||
| 15 | the entire transitional hospital access pool amount shall | ||||||
| 16 | continue to be used for hospital payments. | ||||||
| 17 | (d-5) Hospital transformation program. The Department, in | ||||||
| 18 | conjunction with the Hospital Transformation Review Committee | ||||||
| 19 | created under subsection (d-5), shall develop a hospital | ||||||
| 20 | transformation program to provide financial assistance to | ||||||
| 21 | hospitals in transforming their services and care models to | ||||||
| 22 | better align with the needs of the communities they serve. The | ||||||
| 23 | payments authorized in this Section shall be subject to | ||||||
| 24 | approval by the federal government. | ||||||
| 25 | (1) Phase 1. In State fiscal years 2019 through 2020, | ||||||
| 26 | the Department shall allocate funds from the transitional | ||||||
| |||||||
| |||||||
| 1 | access hospital pool to create a hospital transformation | ||||||
| 2 | pool of at least $262,906,870 annually and make hospital | ||||||
| 3 | transformation payments to hospitals. Subject to Section | ||||||
| 4 | 5A-16, in State fiscal years 2019 and 2020, an Illinois | ||||||
| 5 | hospital that received either a transitional hospital | ||||||
| 6 | access payment under subsection (d) or a supplemental | ||||||
| 7 | payment under subsection (f) of this Section in State | ||||||
| 8 | fiscal year 2018, shall receive a hospital transformation | ||||||
| 9 | payment as follows: | ||||||
| 10 | (A) If the hospital's Rate Year 2017 Medicaid | ||||||
| 11 | inpatient utilization rate is equal to or greater than | ||||||
| 12 | 45%, the hospital transformation payment shall be | ||||||
| 13 | equal to 100% of the sum of its transitional hospital | ||||||
| 14 | access payment authorized under subsection (d) and any | ||||||
| 15 | supplemental payment authorized under subsection (f). | ||||||
| 16 | (B) If the hospital's Rate Year 2017 Medicaid | ||||||
| 17 | inpatient utilization rate is equal to or greater than | ||||||
| 18 | 25% but less than 45%, the hospital transformation | ||||||
| 19 | payment shall be equal to 75% of the sum of its | ||||||
| 20 | transitional hospital access payment authorized under | ||||||
| 21 | subsection (d) and any supplemental payment authorized | ||||||
| 22 | under subsection (f). | ||||||
| 23 | (C) If the hospital's Rate Year 2017 Medicaid | ||||||
| 24 | inpatient utilization rate is less than 25%, the | ||||||
| 25 | hospital transformation payment shall be equal to 50% | ||||||
| 26 | of the sum of its transitional hospital access payment | ||||||
| |||||||
| |||||||
| 1 | authorized under subsection (d) and any supplemental | ||||||
| 2 | payment authorized under subsection (f). | ||||||
| 3 | (2) Phase 2. During State fiscal years 2021 and 2022, | ||||||
| 4 | the Department shall allocate funds from the transitional | ||||||
| 5 | access hospital pool to create a hospital transformation | ||||||
| 6 | pool annually and make hospital transformation payments to | ||||||
| 7 | hospitals participating in the transformation program. Any | ||||||
| 8 | hospital may seek transformation funding in Phase 2. Any | ||||||
| 9 | hospital that seeks transformation funding in Phase 2 to | ||||||
| 10 | update or repurpose the hospital's physical structure to | ||||||
| 11 | transition to a new delivery model, must submit to the | ||||||
| 12 | Department in writing a transformation plan, based on the | ||||||
| 13 | Department's guidelines, that describes the desired | ||||||
| 14 | delivery model with projections of patient volumes by | ||||||
| 15 | service lines and projected revenues, expenses, and net | ||||||
| 16 | income that correspond to the new delivery model. In Phase | ||||||
| 17 | 2, subject to the approval of rules, the Department may use | ||||||
| 18 | the hospital transformation pool to increase base rates, | ||||||
| 19 | develop new adjustors, adjust current adjustors, or | ||||||
| 20 | develop new access payments in order to support and | ||||||
| 21 | incentivize hospitals to pursue such transformation. In | ||||||
| 22 | developing such methodologies, the Department shall ensure | ||||||
| 23 | that the entire hospital transformation pool continues to | ||||||
| 24 | be expended to ensure access to hospital services or to | ||||||
| 25 | support organizations that had received hospital | ||||||
| 26 | transformation payments under this Section. | ||||||
| |||||||
| |||||||
| 1 | (A) Any hospital participating in the hospital | ||||||
| 2 | transformation program shall provide an opportunity | ||||||
| 3 | for public input by local community groups, hospital | ||||||
| 4 | workers, and healthcare professionals and assist in | ||||||
| 5 | facilitating discussions about any transformations or | ||||||
| 6 | changes to the hospital. | ||||||
| 7 | (B) As provided in paragraph (9) of Section 3 of | ||||||
| 8 | the Illinois Health Facilities Planning Act, any | ||||||
| 9 | hospital participating in the transformation program | ||||||
| 10 | may be excluded from the requirements of the Illinois | ||||||
| 11 | Health Facilities Planning Act for those projects | ||||||
| 12 | related to the hospital's transformation. To be | ||||||
| 13 | eligible, the hospital must submit to the Health | ||||||
| 14 | Facilities and Services Review Board certification | ||||||
| 15 | from the Department, approved by the Hospital | ||||||
| 16 | Transformation Review Committee, that the project is a | ||||||
| 17 | part of the hospital's transformation. | ||||||
| 18 | (C) As provided in subsection (a-20) of Section | ||||||
| 19 | 32.5 of the Emergency Medical Services (EMS) Systems | ||||||
| 20 | Act, a hospital that received hospital transformation | ||||||
| 21 | payments under this Section may convert to a | ||||||
| 22 | freestanding emergency center. To be eligible for such | ||||||
| 23 | a conversion, the hospital must submit to the | ||||||
| 24 | Department of Public Health certification from the | ||||||
| 25 | Department, approved by the Hospital Transformation | ||||||
| 26 | Review Committee, that the project is a part of the | ||||||
| |||||||
| |||||||
| 1 | hospital's transformation. | ||||||
| 2 | (3) By April 1, 2019, March 12, 2018 (Public Act | ||||||
| 3 | 100-581) the Department, in conjunction with the Hospital | ||||||
| 4 | Transformation Review Committee, shall develop and file as | ||||||
| 5 | an administrative rule with the Secretary of State the | ||||||
| 6 | goals, objectives, policies, standards, payment models, or | ||||||
| 7 | criteria to be applied in Phase 2 of the program to | ||||||
| 8 | allocate the hospital transformation funds. The goals, | ||||||
| 9 | objectives, and policies to be considered may include, but | ||||||
| 10 | are not limited to, achieving unmet needs of a community | ||||||
| 11 | that a hospital serves such as behavioral health services, | ||||||
| 12 | outpatient services, or drug rehabilitation services; | ||||||
| 13 | attaining certain quality or patient safety benchmarks for | ||||||
| 14 | health care services; or improving the coordination, | ||||||
| 15 | effectiveness, and efficiency of care delivery. | ||||||
| 16 | Notwithstanding any other provision of law, any rule | ||||||
| 17 | adopted in accordance with this subsection (d-5) may be | ||||||
| 18 | submitted to the Joint Committee on Administrative Rules | ||||||
| 19 | for approval only if the rule has first been approved by 9 | ||||||
| 20 | of the 14 members of the Hospital Transformation Review | ||||||
| 21 | Committee. | ||||||
| 22 | (4) Hospital Transformation Review Committee. There is | ||||||
| 23 | created the Hospital Transformation Review Committee. The | ||||||
| 24 | Committee shall consist of 14 members. No later than 30 | ||||||
| 25 | days after March 12, 2018 (the effective date of Public Act | ||||||
| 26 | 100-581), the 4 legislative leaders shall each appoint 3 | ||||||
| |||||||
| |||||||
| 1 | members; the Governor shall appoint the Director of | ||||||
| 2 | Healthcare and Family Services, or his or her designee, as | ||||||
| 3 | a member; and the Director of Healthcare and Family | ||||||
| 4 | Services shall appoint one member. Any vacancy shall be | ||||||
| 5 | filled by the applicable appointing authority within 15 | ||||||
| 6 | calendar days. The members of the Committee shall select a | ||||||
| 7 | Chair and a Vice-Chair from among its members, provided | ||||||
| 8 | that the Chair and Vice-Chair cannot be appointed by the | ||||||
| 9 | same appointing authority and must be from different | ||||||
| 10 | political parties. The Chair shall have the authority to | ||||||
| 11 | establish a meeting schedule and convene meetings of the | ||||||
| 12 | Committee, and the Vice-Chair shall have the authority to | ||||||
| 13 | convene meetings in the absence of the Chair. The Committee | ||||||
| 14 | may establish its own rules with respect to meeting | ||||||
| 15 | schedule, notice of meetings, and the disclosure of | ||||||
| 16 | documents; however, the Committee shall not have the power | ||||||
| 17 | to subpoena individuals or documents and any rules must be | ||||||
| 18 | approved by 9 of the 14 members. The Committee shall | ||||||
| 19 | perform the functions described in this Section and advise | ||||||
| 20 | and consult with the Director in the administration of this | ||||||
| 21 | Section. In addition to reviewing and approving the | ||||||
| 22 | policies, procedures, and rules for the hospital | ||||||
| 23 | transformation program, the Committee shall consider and | ||||||
| 24 | make recommendations related to qualifying criteria and | ||||||
| 25 | payment methodologies related to safety-net hospitals and | ||||||
| 26 | children's hospitals. Members of the Committee appointed | ||||||
| |||||||
| |||||||
| 1 | by the legislative leaders shall be subject to the | ||||||
| 2 | jurisdiction of the Legislative Ethics Commission, not the | ||||||
| 3 | Executive Ethics Commission, and all requests under the | ||||||
| 4 | Freedom of Information Act shall be directed to the | ||||||
| 5 | applicable Freedom of Information officer for the General | ||||||
| 6 | Assembly. The Department shall provide operational support | ||||||
| 7 | to the Committee as necessary. The Committee is dissolved | ||||||
| 8 | on April 1, 2019. | ||||||
| 9 | (e) Beginning 36 months after initial implementation, the | ||||||
| 10 | Department shall update the reimbursement components in | ||||||
| 11 | subsections (a) and (b), including standardized amounts and | ||||||
| 12 | weighting factors, and at least triennially and no more | ||||||
| 13 | frequently than annually thereafter. The Department shall | ||||||
| 14 | publish these updates on its website no later than 30 calendar | ||||||
| 15 | days prior to their effective date. | ||||||
| 16 | (f) Continuation of supplemental payments. Any | ||||||
| 17 | supplemental payments authorized under Illinois Administrative | ||||||
| 18 | Code 148 effective January 1, 2014 and that continue during the | ||||||
| 19 | period of July 1, 2014 through December 31, 2014 shall remain | ||||||
| 20 | in effect as long as the assessment imposed by Section 5A-2 | ||||||
| 21 | that is in effect on December 31, 2017 remains in effect. | ||||||
| 22 | (g) Notwithstanding subsections (a) through (f) of this | ||||||
| 23 | Section and notwithstanding the changes authorized under | ||||||
| 24 | Section 5-5b.1, any updates to the system shall not result in | ||||||
| 25 | any diminishment of the overall effective rates of | ||||||
| 26 | reimbursement as of the implementation date of the new system | ||||||
| |||||||
| |||||||
| 1 | (July 1, 2014). These updates shall not preclude variations in | ||||||
| 2 | any individual component of the system or hospital rate | ||||||
| 3 | variations. Nothing in this Section shall prohibit the | ||||||
| 4 | Department from increasing the rates of reimbursement or | ||||||
| 5 | developing payments to ensure access to hospital services. | ||||||
| 6 | Nothing in this Section shall be construed to guarantee a | ||||||
| 7 | minimum amount of spending in the aggregate or per hospital as | ||||||
| 8 | spending may be impacted by factors, including, but not limited | ||||||
| 9 | to, the number of individuals in the medical assistance program | ||||||
| 10 | and the severity of illness of the individuals. | ||||||
| 11 | (h) The Department shall have the authority to modify by | ||||||
| 12 | rulemaking any changes to the rates or methodologies in this | ||||||
| 13 | Section as required by the federal government to obtain federal | ||||||
| 14 | financial participation for expenditures made under this | ||||||
| 15 | Section. | ||||||
| 16 | (i) Except for subsections (g) and (h) of this Section, the | ||||||
| 17 | Department shall, pursuant to subsection (c) of Section 5-40 of | ||||||
| 18 | the Illinois Administrative Procedure Act, provide for | ||||||
| 19 | presentation at the June 2014 hearing of the Joint Committee on | ||||||
| 20 | Administrative Rules (JCAR) additional written notice to JCAR | ||||||
| 21 | of the following rules in order to commence the second notice | ||||||
| 22 | period for the following rules: rules published in the Illinois | ||||||
| 23 | Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559 | ||||||
| 24 | (Medical Payment), 4628 (Specialized Health Care Delivery | ||||||
| 25 | Systems), 4640 (Hospital Services), 4932 (Diagnostic Related | ||||||
| 26 | Grouping (DRG) Prospective Payment System (PPS)), and 4977 | ||||||
| |||||||
| |||||||
| 1 | (Hospital Reimbursement Changes), and published in the | ||||||
| 2 | Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499 | ||||||
| 3 | (Specialized Health Care Delivery Systems) and 6505 (Hospital | ||||||
| 4 | Services).
| ||||||
| 5 | (j) Out-of-state hospitals. Beginning July 1, 2018, for | ||||||
| 6 | purposes of determining for State fiscal years 2019 and 2020 | ||||||
| 7 | the hospitals eligible for the payments authorized under | ||||||
| 8 | subsections (a) and (b) of this Section, the Department shall | ||||||
| 9 | include out-of-state hospitals that are designated a Level I | ||||||
| 10 | pediatric trauma center or a Level I trauma center by the | ||||||
| 11 | Department of Public Health as of December 1, 2017. | ||||||
| 12 | (k) The Department shall notify each hospital and managed | ||||||
| 13 | care organization, in writing, of the impact of the updates | ||||||
| 14 | under this Section at least 30 calendar days prior to their | ||||||
| 15 | effective date. | ||||||
| 16 | (Source: P.A. 100-581, eff. 3-12-18; 100-1181, eff. 3-8-19; | ||||||
| 17 | 101-81, eff. 7-12-19; revised 7-29-19.)
| ||||||
| 18 | Section 525. The Abused and Neglected Child Reporting Act | ||||||
| 19 | is amended by changing Section 7 as follows:
| ||||||
| 20 | (325 ILCS 5/7) (from Ch. 23, par. 2057)
| ||||||
| 21 | Sec. 7. Time and manner of making reports. All reports of | ||||||
| 22 | suspected
child abuse or neglect made
under this Act shall be | ||||||
| 23 | made immediately by telephone to the central register
| ||||||
| 24 | established under Section 7.7 on the single, State-wide, | ||||||
| |||||||
| |||||||
| 1 | toll-free telephone
number established in Section 7.6, or in | ||||||
| 2 | person or by telephone through
the nearest Department office. | ||||||
| 3 | The Department shall, in cooperation with
school officials, | ||||||
| 4 | distribute
appropriate materials in school buildings
listing | ||||||
| 5 | the toll-free telephone number established in Section 7.6,
| ||||||
| 6 | including methods of making a report under this Act.
The | ||||||
| 7 | Department may, in cooperation with appropriate members of the | ||||||
| 8 | clergy,
distribute appropriate materials in churches, | ||||||
| 9 | synagogues, temples, mosques, or
other religious buildings | ||||||
| 10 | listing the toll-free telephone number
established in Section | ||||||
| 11 | 7.6, including methods of making a report under this
Act.
| ||||||
| 12 | Wherever the Statewide number is posted, there shall also | ||||||
| 13 | be posted the
following notice:
| ||||||
| 14 | "Any person who knowingly transmits a false report to the | ||||||
| 15 | Department
commits the offense of disorderly conduct under | ||||||
| 16 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | ||||||
| 17 | A violation of this subsection is a Class 4 felony."
| ||||||
| 18 | The report required by this Act shall include, if known, | ||||||
| 19 | the name
and address of the child and his parents or other | ||||||
| 20 | persons having his
custody; the child's age; the nature of the | ||||||
| 21 | child's condition, including any
evidence of previous injuries | ||||||
| 22 | or disabilities; and any other information
that the person | ||||||
| 23 | filing the report believes might be helpful in
establishing the | ||||||
| 24 | cause of such abuse or neglect and the identity of the
person | ||||||
| 25 | believed to have caused such abuse or neglect. Reports made to | ||||||
| 26 | the
central register through the State-wide, toll-free | ||||||
| |||||||
| |||||||
| 1 | telephone number shall
be immediately transmitted by the | ||||||
| 2 | Department to the appropriate Child Protective Service
Unit. | ||||||
| 3 | All such reports alleging the death of a child,
serious injury | ||||||
| 4 | to a child, including, but not limited to, brain damage,
skull | ||||||
| 5 | fractures, subdural hematomas, and internal injuries, torture | ||||||
| 6 | of a
child, malnutrition of a child, and sexual abuse to a | ||||||
| 7 | child, including, but
not limited to, sexual intercourse, | ||||||
| 8 | sexual exploitation, sexual
molestation, and sexually | ||||||
| 9 | transmitted disease in a child age
12 and under, shall also be | ||||||
| 10 | immediately transmitted by the Department to the appropriate | ||||||
| 11 | local law enforcement agency. The Department shall within 24 | ||||||
| 12 | hours orally notify local law
enforcement personnel and the | ||||||
| 13 | office of the State's Attorney of the
involved county of the | ||||||
| 14 | receipt of any report alleging the death of a child,
serious | ||||||
| 15 | injury to a child, including, but not limited to, brain damage,
| ||||||
| 16 | skull fractures, subdural hematomas, and, internal injuries, | ||||||
| 17 | torture of a
child, malnutrition of a child, and sexual abuse | ||||||
| 18 | to a child, including, but
not limited to, sexual intercourse, | ||||||
| 19 | sexual exploitation, sexual
molestation, and sexually | ||||||
| 20 | transmitted disease in a child age 12
twelve and under. All
| ||||||
| 21 | oral reports made by the Department to local law enforcement | ||||||
| 22 | personnel and
the office of the State's Attorney of the | ||||||
| 23 | involved county shall be
confirmed in writing within 24
hours | ||||||
| 24 | of the oral report. All reports by
persons mandated to report | ||||||
| 25 | under this Act shall be confirmed in writing to
the appropriate | ||||||
| 26 | Child Protective Service Unit, which may be on forms
supplied | ||||||
| |||||||
| |||||||
| 1 | by the Department, within 48 hours of any initial report.
| ||||||
| 2 | Any report received by the Department alleging the abuse or | ||||||
| 3 | neglect of a child by a person who is not the child's parent, a | ||||||
| 4 | member of the child's immediate family, a person responsible | ||||||
| 5 | for the child's welfare, an individual residing in the same | ||||||
| 6 | home as the child, or a paramour of the child's parent shall | ||||||
| 7 | immediately be referred to the appropriate local law | ||||||
| 8 | enforcement agency for consideration of criminal investigation | ||||||
| 9 | or other action. | ||||||
| 10 | Written confirmation reports from persons not required to | ||||||
| 11 | report by this
Act may be made to the appropriate Child | ||||||
| 12 | Protective Service Unit. Written
reports from persons required | ||||||
| 13 | by this Act to report shall be admissible
in evidence in any | ||||||
| 14 | judicial proceeding or administrative hearing relating to | ||||||
| 15 | child abuse or neglect.
Reports involving known or suspected | ||||||
| 16 | child abuse or neglect in public or
private residential | ||||||
| 17 | agencies or institutions shall be made and received
in the same | ||||||
| 18 | manner as all other reports made under this Act.
| ||||||
| 19 | For purposes of this Section, "child" includes an adult | ||||||
| 20 | resident as defined in this Act. | ||||||
| 21 | (Source: P.A. 101-583, eff. 1-1-20; revised 11-21-19.)
| ||||||
| 22 | Section 530. The Mental Health and Developmental | ||||||
| 23 | Disabilities Code is amended by changing Sections 2-110.1 and | ||||||
| 24 | 2-110.5 and by renumbering Section 3-5A-105 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (405 ILCS 5/2-110.1)
| ||||||
| 2 | Sec. 2-110.1. Reports.
| ||||||
| 3 | (a) A mental hospital or facility at which | ||||||
| 4 | electroconvulsive electro-convulsive therapy
is administered | ||||||
| 5 | shall submit to the Department quarterly reports
relating to | ||||||
| 6 | the administration of the therapy for the purposes of reducing
| ||||||
| 7 | morbidity or mortality and improving patient care.
| ||||||
| 8 | (b) A report shall state the following for each quarter:
| ||||||
| 9 | (1) The number of persons who received the therapy, | ||||||
| 10 | including:
| ||||||
| 11 | (A) the number of persons who gave informed consent | ||||||
| 12 | to the therapy;
| ||||||
| 13 | (B) the number of persons confined as subject to | ||||||
| 14 | involuntary admission
who gave informed consent to the | ||||||
| 15 | therapy;
| ||||||
| 16 | (C) the number of persons who received the therapy | ||||||
| 17 | without
informed consent pursuant to Section 2-107.1; | ||||||
| 18 | and
| ||||||
| 19 | (D) the number of persons who received the therapy | ||||||
| 20 | on an
emergency basis pursuant to subsection (d) of | ||||||
| 21 | Section 2-107.1.
| ||||||
| 22 | (2) The age, sex, and race of the recipients of the | ||||||
| 23 | therapy.
| ||||||
| 24 | (3) The source of the treatment payment.
| ||||||
| 25 | (4) The average number of electroconvulsive | ||||||
| 26 | electro-convulsive treatments administered for
each | ||||||
| |||||||
| |||||||
| 1 | complete series of treatments, but not including | ||||||
| 2 | maintenance treatments.
| ||||||
| 3 | (5) The average number of maintenance | ||||||
| 4 | electroconvulsive electro-convulsive treatments
| ||||||
| 5 | administered per month.
| ||||||
| 6 | (6) Any significant adverse reactions to the treatment | ||||||
| 7 | as defined by rule.
| ||||||
| 8 | (7) Autopsy findings if death followed within 14 days | ||||||
| 9 | after the date of
the administration of the therapy.
| ||||||
| 10 | (8) Any other information required by the Department by | ||||||
| 11 | rule.
| ||||||
| 12 | (c) The Department shall prepare and publish an annual | ||||||
| 13 | written report
summarizing the information received under this | ||||||
| 14 | Section.
The report shall not contain any information that | ||||||
| 15 | identifies or tends to
identify any facility, physician, health | ||||||
| 16 | care provider, or patient.
| ||||||
| 17 | (Source: P.A. 90-538, eff. 12-1-97; revised 7-18-19.)
| ||||||
| 18 | (405 ILCS 5/2-110.5)
| ||||||
| 19 | Sec. 2-110.5. Electroconvulsive Electro-convulsive therapy | ||||||
| 20 | for minors. If a recipient is a
minor, that recipient's parent | ||||||
| 21 | or guardian is authorized, only with the
approval of the court | ||||||
| 22 | under the procedures set out in Section 2-107.1, to
provide | ||||||
| 23 | consent for participation of the minor in electroconvulsive | ||||||
| 24 | electro-convulsive
therapy if the parent or guardian deems it | ||||||
| 25 | to be in the best interest of the
minor. In addition to the | ||||||
| |||||||
| |||||||
| 1 | requirements in Section 2-107.1, prior to the court
entering an | ||||||
| 2 | order approving treatment by electroconvulsive | ||||||
| 3 | electro-convulsive therapy, 2 licensed
psychiatrists, one of | ||||||
| 4 | which may
be the minor's treating psychiatrist, who have | ||||||
| 5 | examined the patient must concur
in the determination that the | ||||||
| 6 | minor should participate in treatment by electroconvulsive
| ||||||
| 7 | electro-convulsive
therapy.
| ||||||
| 8 | (Source: P.A. 91-74, eff. 7-9-99; revised 7-18-19.)
| ||||||
| 9 | (405 ILCS 5/3-550) | ||||||
| 10 | Sec. 3-550 3-5A-105. Minors 12 years of age or older | ||||||
| 11 | request to receive
counseling services or psychotherapy on an | ||||||
| 12 | outpatient basis. | ||||||
| 13 | (a) Any minor 12 years of age or older may request and | ||||||
| 14 | receive
counseling services or psychotherapy on an outpatient | ||||||
| 15 | basis. The consent
of the minor's parent, guardian, or person | ||||||
| 16 | in loco parentis shall not be necessary
to authorize outpatient | ||||||
| 17 | counseling services or psychotherapy. However, until the | ||||||
| 18 | consent of the minor's parent, guardian,
or person in loco | ||||||
| 19 | parentis has been obtained, outpatient counseling services or
| ||||||
| 20 | psychotherapy provided to a minor under the age of 17
shall be | ||||||
| 21 | initially limited to not more than 8 90-minute sessions. The | ||||||
| 22 | service provider shall consider the factors contained in | ||||||
| 23 | subsection (a-1) of this Section throughout the therapeutic | ||||||
| 24 | process to determine, through consultation with the minor, | ||||||
| 25 | whether attempting to obtain the consent of a parent, guardian, | ||||||
| |||||||
| |||||||
| 1 | or person in loco parentis would be detrimental to the minor's | ||||||
| 2 | well-being. No later than the eighth session, the service | ||||||
| 3 | provider shall determine and share with the minor the service | ||||||
| 4 | provider's decision as described below: | ||||||
| 5 | (1) If the service provider finds that attempting to | ||||||
| 6 | obtain consent would not be detrimental to the minor's | ||||||
| 7 | well-being, the provider shall notify the minor that the | ||||||
| 8 | consent of a parent, guardian, or person in loco parentis | ||||||
| 9 | is required to continue counseling services or | ||||||
| 10 | psychotherapy. | ||||||
| 11 | (2) If the minor does not permit the service provider | ||||||
| 12 | to notify the parent, guardian, or person in loco parentis | ||||||
| 13 | for the purpose of consent after the eighth session the | ||||||
| 14 | service provider shall discontinue counseling services or | ||||||
| 15 | psychotherapy and shall not notify the parent, guardian, or | ||||||
| 16 | person in loco parentis about the counseling services or | ||||||
| 17 | psychotherapy. | ||||||
| 18 | (3) If the minor permits the service provider to notify | ||||||
| 19 | the parent, guardian, or person in loco parentis for the | ||||||
| 20 | purpose of consent, without discontinuing counseling | ||||||
| 21 | services or psychotherapy, the service provider shall make | ||||||
| 22 | reasonable attempts to obtain consent. The service | ||||||
| 23 | provider shall document each attempt to obtain consent in | ||||||
| 24 | the minor's clinical record. The service provider may | ||||||
| 25 | continue to provide counseling services or psychotherapy | ||||||
| 26 | without the consent of the minor's parent, guardian, or | ||||||
| |||||||
| |||||||
| 1 | person in loco parentis if: | ||||||
| 2 | (A) the service provider has made at least 2 | ||||||
| 3 | unsuccessful attempts to contact the minor's parent, | ||||||
| 4 | guardian, or person in loco parentis to obtain consent; | ||||||
| 5 | and | ||||||
| 6 | (B) the service provider has obtained the minor's | ||||||
| 7 | written consent. | ||||||
| 8 | (4) If, after the eighth session, the service provider | ||||||
| 9 | of counseling services or psychotherapy determines that
| ||||||
| 10 | obtaining consent would be detrimental to the minor's
| ||||||
| 11 | well-being, the service provider shall consult with his or | ||||||
| 12 | her supervisor when possible to review and authorize the | ||||||
| 13 | determination under subsection (a) of this Section. The | ||||||
| 14 | service provider shall document the basis
for the | ||||||
| 15 | determination in the minor's clinical record and
may then | ||||||
| 16 | accept the minor's written consent to continue to
provide | ||||||
| 17 | counseling services or psychotherapy without also
| ||||||
| 18 | obtaining the consent of a parent, guardian, or person in
| ||||||
| 19 | loco parentis. | ||||||
| 20 | (5) If the minor continues to receive counseling | ||||||
| 21 | services or psychotherapy without the consent of a parent, | ||||||
| 22 | guardian, or person in loco parentis beyond 8 sessions, the
| ||||||
| 23 | service provider shall evaluate, in consultation with his
| ||||||
| 24 | or her supervisor when possible, his or her determination
| ||||||
| 25 | under this subsection (a), and review the determination
| ||||||
| 26 | every 60 days until counseling services or psychotherapy | ||||||
| |||||||
| |||||||
| 1 | ends or the minor reaches age 17. If it is determined | ||||||
| 2 | appropriate to notify the parent, guardian, or person in | ||||||
| 3 | loco parentis and the minor consents, the service provider | ||||||
| 4 | shall proceed under paragraph (3) of subsection (a) of this | ||||||
| 5 | Section. | ||||||
| 6 | (6) When counseling services or psychotherapy are | ||||||
| 7 | related to allegations of neglect, sexual abuse, or mental | ||||||
| 8 | or physical abuse by the minor's parent, guardian, or | ||||||
| 9 | person in loco parentis, obtaining consent of that parent, | ||||||
| 10 | guardian, or person in loco parentis shall be presumed to | ||||||
| 11 | be detrimental to the minor's well-being. | ||||||
| 12 | (a-1) Each of the following factors must be present in | ||||||
| 13 | order for the service provider to find that obtaining the | ||||||
| 14 | consent of a parent, guardian, or person in loco parentis would | ||||||
| 15 | be detrimental to the minor's well-being: | ||||||
| 16 | (1) requiring the consent or notification of a parent, | ||||||
| 17 | guardian, or person in loco parentis would cause the minor | ||||||
| 18 | to reject the counseling services or psychotherapy; | ||||||
| 19 | (2) the failure to provide the counseling services or | ||||||
| 20 | psychotherapy would be detrimental to the minor's | ||||||
| 21 | well-being; | ||||||
| 22 | (3) the minor has knowingly and voluntarily sought the | ||||||
| 23 | counseling services or psychotherapy; and | ||||||
| 24 | (4) in the opinion of the service provider, the minor | ||||||
| 25 | is mature enough to participate in counseling services or | ||||||
| 26 | psychotherapy productively. | ||||||
| |||||||
| |||||||
| 1 | (a-2) The minor's parent, guardian, or person in loco | ||||||
| 2 | parentis shall not be informed of the counseling services or | ||||||
| 3 | psychotherapy without the written consent of the minor unless | ||||||
| 4 | the service provider believes the disclosure is necessary under | ||||||
| 5 | subsection (a) of this Section. If the facility director or | ||||||
| 6 | service provider intends to disclose the fact of counseling | ||||||
| 7 | services or psychotherapy, the minor shall be so informed and | ||||||
| 8 | if the minor chooses to discontinue counseling services or | ||||||
| 9 | psychotherapy after being informed of the decision of the | ||||||
| 10 | facility director or service provider to disclose the fact of | ||||||
| 11 | counseling services or psychotherapy to the parent, guardian, | ||||||
| 12 | or person in loco parentis, then the parent, guardian, or | ||||||
| 13 | person in loco parentis shall not be notified. Under the Mental | ||||||
| 14 | Health and Developmental Disabilities Confidentiality Act, the | ||||||
| 15 | facility director, his or her designee, or the service provider | ||||||
| 16 | shall not allow the minor's parent, guardian, or person in loco | ||||||
| 17 | parentis, upon request, to inspect or copy the minor's record | ||||||
| 18 | or any part of the record if the service provider finds that | ||||||
| 19 | there are compelling reasons for denying the access. Nothing in | ||||||
| 20 | this Section shall be interpreted to limit a minor's privacy | ||||||
| 21 | and confidentiality protections under State law. | ||||||
| 22 | (b) The minor's parent, guardian, or person in loco | ||||||
| 23 | parentis shall not
be liable for the costs of outpatient | ||||||
| 24 | counseling services or psychotherapy which
is received by the | ||||||
| 25 | minor without the consent of the minor's parent, guardian,
or | ||||||
| 26 | person in loco parentis. | ||||||
| |||||||
| |||||||
| 1 | (c) Counseling services or psychotherapy provided under | ||||||
| 2 | this Section shall be provided in compliance with the | ||||||
| 3 | Professional Counselor and Clinical Professional Counselor | ||||||
| 4 | Licensing and Practice Act, the Clinical Social Work and Social | ||||||
| 5 | Work Practice Act, or the Clinical Psychologist Licensing Act.
| ||||||
| 6 | (Source: P.A. 100-614, eff. 7-20-18; revised 7-11-19.)
| ||||||
| 7 | Section 535. The the Maternal Mental Health Conditions | ||||||
| 8 | Education, Early Diagnosis, and Treatment Act is amended by | ||||||
| 9 | changing Section 1 as follows:
| ||||||
| 10 | (405 ILCS 120/1)
| ||||||
| 11 | Sec. 1. Short title. This Act may be cited as the the | ||||||
| 12 | Maternal Mental Health Conditions Education, Early Diagnosis, | ||||||
| 13 | and Treatment Act.
| ||||||
| 14 | (Source: P.A. 101-512, eff. 1-1-20; revised 12-5-19.)
| ||||||
| 15 | Section 540. The Sexual Assault Survivors Emergency | ||||||
| 16 | Treatment Act is amended by changing Section 7 as follows:
| ||||||
| 17 | (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
| ||||||
| 18 | Sec. 7. Reimbursement. | ||||||
| 19 | (a) A hospital, approved pediatric health care facility, or | ||||||
| 20 | health care professional furnishing medical forensic services, | ||||||
| 21 | an ambulance provider furnishing transportation to a sexual | ||||||
| 22 | assault survivor, a hospital, health care professional, or | ||||||
| |||||||
| |||||||
| 1 | laboratory providing follow-up healthcare, or a pharmacy | ||||||
| 2 | dispensing prescribed medications to any sexual assault | ||||||
| 3 | survivor shall furnish such services or medications to that | ||||||
| 4 | person without charge and shall seek payment as follows: | ||||||
| 5 | (1) If a sexual assault survivor is eligible to receive | ||||||
| 6 | benefits under the medical assistance program under | ||||||
| 7 | Article V of the Illinois Public Aid Code, the ambulance | ||||||
| 8 | provider, hospital, approved pediatric health care | ||||||
| 9 | facility, health care professional, laboratory, or | ||||||
| 10 | pharmacy must submit the bill to the Department of | ||||||
| 11 | Healthcare and Family Services or the appropriate Medicaid | ||||||
| 12 | managed care organization and accept the amount paid as | ||||||
| 13 | full payment. | ||||||
| 14 | (2) If a sexual assault survivor is covered by one or | ||||||
| 15 | more policies of health insurance or is a beneficiary under | ||||||
| 16 | a public or private health coverage program, the ambulance | ||||||
| 17 | provider, hospital, approved pediatric health care | ||||||
| 18 | facility, health care professional, laboratory, or | ||||||
| 19 | pharmacy shall bill the insurance company or program. With | ||||||
| 20 | respect to such insured patients, applicable deductible, | ||||||
| 21 | co-pay, co-insurance, denial of claim, or any other | ||||||
| 22 | out-of-pocket insurance-related expense may be submitted | ||||||
| 23 | to the Illinois Sexual Assault Emergency Treatment Program | ||||||
| 24 | of the Department of Healthcare and Family Services in | ||||||
| 25 | accordance with 89 Ill. Adm. Code 148.510 for payment at | ||||||
| 26 | the Department of Healthcare and Family Services' | ||||||
| |||||||
| |||||||
| 1 | allowable rates under the Illinois Public Aid Code. The | ||||||
| 2 | ambulance provider, hospital, approved pediatric health | ||||||
| 3 | care facility, health care professional, laboratory, or | ||||||
| 4 | pharmacy shall accept the amounts paid by the insurance | ||||||
| 5 | company or health coverage program and the Illinois Sexual | ||||||
| 6 | Assault Treatment Program as full payment. | ||||||
| 7 | (3) If a sexual assault survivor is neither eligible to | ||||||
| 8 | receive benefits under the medical assistance program | ||||||
| 9 | under Article V of the Illinois Public Aid Code nor covered | ||||||
| 10 | by a policy of insurance or a public or private health | ||||||
| 11 | coverage program, the ambulance provider, hospital, | ||||||
| 12 | approved pediatric health care facility, health care | ||||||
| 13 | professional, laboratory, or pharmacy shall submit the | ||||||
| 14 | request for reimbursement to the Illinois Sexual Assault | ||||||
| 15 | Emergency Treatment Program under the Department of | ||||||
| 16 | Healthcare and Family Services in accordance with 89 Ill. | ||||||
| 17 | Adm. Code 148.510 at the Department of Healthcare and | ||||||
| 18 | Family Services' allowable rates under the Illinois Public | ||||||
| 19 | Aid Code. | ||||||
| 20 | (4) If a sexual assault survivor presents a sexual | ||||||
| 21 | assault services voucher for follow-up healthcare, the | ||||||
| 22 | healthcare professional, pediatric health care facility, | ||||||
| 23 | or laboratory that provides follow-up healthcare or the | ||||||
| 24 | pharmacy that dispenses prescribed medications to a sexual | ||||||
| 25 | assault survivor shall submit the request for | ||||||
| 26 | reimbursement for follow-up healthcare, pediatric health | ||||||
| |||||||
| |||||||
| 1 | care facility, laboratory, or pharmacy services to the | ||||||
| 2 | Illinois Sexual Assault Emergency Treatment Program under | ||||||
| 3 | the Department of Healthcare and Family Services in | ||||||
| 4 | accordance with 89 Ill. Adm. Code 148.510 at the Department | ||||||
| 5 | of Healthcare and Family Services' allowable rates under | ||||||
| 6 | the Illinois Public Aid Code. Nothing in this subsection | ||||||
| 7 | (a) precludes hospitals or approved pediatric health care | ||||||
| 8 | facilities from providing follow-up healthcare and | ||||||
| 9 | receiving reimbursement under this Section.
| ||||||
| 10 | (b) Nothing in this Section precludes a hospital, health | ||||||
| 11 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
| 12 | from billing the sexual assault survivor or any applicable | ||||||
| 13 | health insurance or coverage for inpatient services. | ||||||
| 14 | (c) (Blank). | ||||||
| 15 | (d) On and after July 1, 2012, the Department shall reduce | ||||||
| 16 | any rate of reimbursement for services or other payments or | ||||||
| 17 | alter any methodologies authorized by this Act or the Illinois | ||||||
| 18 | Public Aid Code to reduce any rate of reimbursement for | ||||||
| 19 | services or other payments in accordance with Section 5-5e of | ||||||
| 20 | the Illinois Public Aid Code. | ||||||
| 21 | (e) The Department of Healthcare and Family Services shall | ||||||
| 22 | establish standards, rules, and regulations to implement this | ||||||
| 23 | Section.
| ||||||
| 24 | (Source: P.A. 99-454, eff. 1-1-16; 100-775, eff. 1-1-19; | ||||||
| 25 | revised 7-23-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 545. The Compassionate Use of Medical Cannabis | ||||||
| 2 | Program Act is amended by changing Sections 25, 35, 36, 75, and | ||||||
| 3 | 160 as follows:
| ||||||
| 4 | (410 ILCS 130/25)
| ||||||
| 5 | Sec. 25. Immunities and presumptions related to the medical | ||||||
| 6 | use of cannabis.
| ||||||
| 7 | (a) A registered qualifying patient is not subject to | ||||||
| 8 | arrest, prosecution, or denial of any right or privilege, | ||||||
| 9 | including, but not limited to, civil penalty or disciplinary | ||||||
| 10 | action by an occupational or professional licensing board, for | ||||||
| 11 | the medical use of cannabis in accordance with this Act, if the | ||||||
| 12 | registered qualifying patient possesses an amount of cannabis | ||||||
| 13 | that does not exceed an adequate supply as defined in | ||||||
| 14 | subsection (a) of Section 10 of this Act of usable cannabis | ||||||
| 15 | and, where the registered qualifying patient is a licensed | ||||||
| 16 | professional, the use of cannabis does not impair that licensed | ||||||
| 17 | professional when he or she is engaged in the practice of the | ||||||
| 18 | profession for which he or she is licensed.
| ||||||
| 19 | (b) A registered designated caregiver is not subject to | ||||||
| 20 | arrest, prosecution, or denial of any right or privilege, | ||||||
| 21 | including, but not limited to, civil penalty or disciplinary | ||||||
| 22 | action by an occupational or professional licensing board, for | ||||||
| 23 | acting in accordance with this Act to assist a registered | ||||||
| 24 | qualifying patient to whom he or she is connected through the | ||||||
| 25 | Department's registration process with the medical use of | ||||||
| |||||||
| |||||||
| 1 | cannabis if the designated caregiver possesses an amount of | ||||||
| 2 | cannabis that does not exceed an adequate supply as defined in | ||||||
| 3 | subsection (a) of Section 10 of this Act of usable cannabis. A | ||||||
| 4 | school nurse or school administrator is not subject to arrest, | ||||||
| 5 | prosecution, or denial of any right or privilege, including, | ||||||
| 6 | but not limited to, a civil penalty, for acting in accordance | ||||||
| 7 | with Section 22-33 of the School Code relating to administering | ||||||
| 8 | or assisting a student in self-administering a medical cannabis | ||||||
| 9 | infused product. The total amount possessed between the | ||||||
| 10 | qualifying patient and caregiver shall not exceed the patient's | ||||||
| 11 | adequate supply as defined in subsection (a) of Section 10 of | ||||||
| 12 | this Act. | ||||||
| 13 | (c) A registered qualifying patient or registered | ||||||
| 14 | designated caregiver is not subject to
arrest, prosecution, or | ||||||
| 15 | denial of any right or privilege, including, but not limited | ||||||
| 16 | to, civil penalty or disciplinary action by an occupational or | ||||||
| 17 | professional licensing board for possession of cannabis that is | ||||||
| 18 | incidental to medical use, but is not usable cannabis as | ||||||
| 19 | defined in this Act.
| ||||||
| 20 | (d)(1) There is a rebuttable presumption that a registered | ||||||
| 21 | qualifying patient is engaged in, or a designated caregiver is | ||||||
| 22 | assisting with, the medical use of cannabis in accordance with | ||||||
| 23 | this Act if the qualifying patient or designated caregiver: | ||||||
| 24 | (A) is in possession of a valid registry identification | ||||||
| 25 | card; and | ||||||
| 26 | (B) is in possession of an amount of cannabis that does | ||||||
| |||||||
| |||||||
| 1 | not exceed the amount allowed under subsection (a) of | ||||||
| 2 | Section 10. | ||||||
| 3 | (2) The presumption may be rebutted by evidence that | ||||||
| 4 | conduct related to cannabis was not for the purpose of treating | ||||||
| 5 | or alleviating the qualifying patient's debilitating medical | ||||||
| 6 | condition or symptoms associated with the debilitating medical | ||||||
| 7 | condition in compliance with this Act.
| ||||||
| 8 | (e) A certifying health care professional is not subject to | ||||||
| 9 | arrest, prosecution, or penalty in any manner, or denial of | ||||||
| 10 | denied any right or privilege, including, but not limited to, | ||||||
| 11 | civil penalty or disciplinary action by the Medical | ||||||
| 12 | Disciplinary Board or by any other occupational or professional | ||||||
| 13 | licensing board, solely for providing written certifications | ||||||
| 14 | or for otherwise stating that, in the certifying health care | ||||||
| 15 | professional's professional opinion, a patient is likely to | ||||||
| 16 | receive therapeutic or palliative benefit from the medical use | ||||||
| 17 | of cannabis to treat or alleviate the patient's debilitating | ||||||
| 18 | medical condition or symptoms associated with the debilitating | ||||||
| 19 | medical condition, provided that nothing shall prevent a | ||||||
| 20 | professional licensing or disciplinary board from sanctioning | ||||||
| 21 | a certifying health care professional for: (1) issuing a | ||||||
| 22 | written certification to a patient who is not under the | ||||||
| 23 | certifying health care professional's care for a debilitating | ||||||
| 24 | medical condition; or (2) failing to properly evaluate a | ||||||
| 25 | patient's medical condition or otherwise violating the | ||||||
| 26 | standard of care for evaluating medical conditions.
| ||||||
| |||||||
| |||||||
| 1 | (f) No person may be subject to arrest, prosecution, or | ||||||
| 2 | denial of any right or privilege, including, but not limited | ||||||
| 3 | to, civil penalty or disciplinary action by an occupational or | ||||||
| 4 | professional licensing board, solely for: (1) selling cannabis | ||||||
| 5 | paraphernalia to a cardholder upon presentation of an unexpired | ||||||
| 6 | registry identification card in the recipient's name, if | ||||||
| 7 | employed and registered as a dispensing agent by a registered | ||||||
| 8 | dispensing organization; (2) being in the presence or vicinity | ||||||
| 9 | of the medical use of cannabis as allowed under this Act; or | ||||||
| 10 | (3) assisting a registered qualifying patient with the act of | ||||||
| 11 | administering cannabis.
| ||||||
| 12 | (g) A registered cultivation center is not subject to | ||||||
| 13 | prosecution; search or inspection, except by the Department of | ||||||
| 14 | Agriculture, Department of Public Health, or State or local law | ||||||
| 15 | enforcement under Section 130; seizure; or penalty in any | ||||||
| 16 | manner, or denial of be denied any right or privilege, | ||||||
| 17 | including, but not limited to, civil penalty or disciplinary | ||||||
| 18 | action by a business licensing board or entity, for acting | ||||||
| 19 | under this Act and Department of Agriculture rules to: acquire, | ||||||
| 20 | possess, cultivate, manufacture, deliver, transfer, transport, | ||||||
| 21 | supply, or sell cannabis to registered dispensing | ||||||
| 22 | organizations.
| ||||||
| 23 | (h) A registered cultivation center agent is not subject to | ||||||
| 24 | prosecution, search, or penalty in any manner, or denial of be | ||||||
| 25 | denied any right or privilege, including, but not limited to, | ||||||
| 26 | civil penalty or disciplinary action by a business licensing | ||||||
| |||||||
| |||||||
| 1 | board or entity, for working or volunteering for a
registered | ||||||
| 2 | cannabis cultivation center under this Act and Department of | ||||||
| 3 | Agriculture rules, including to perform the actions listed | ||||||
| 4 | under subsection (g).
| ||||||
| 5 | (i) A registered dispensing organization is not subject to | ||||||
| 6 | prosecution; search or inspection, except by the Department of | ||||||
| 7 | Financial and Professional Regulation or State or local law | ||||||
| 8 | enforcement pursuant to Section 130; seizure; or penalty in any | ||||||
| 9 | manner, or denial of be denied any right or privilege, | ||||||
| 10 | including, but not limited to, civil penalty or disciplinary | ||||||
| 11 | action by a business licensing board or entity, for acting | ||||||
| 12 | under this Act and Department of Financial and Professional | ||||||
| 13 | Regulation rules to: acquire, possess, or dispense cannabis, or | ||||||
| 14 | related supplies, and educational materials to registered | ||||||
| 15 | qualifying patients or registered designated caregivers on | ||||||
| 16 | behalf of registered qualifying patients.
| ||||||
| 17 | (j) A registered dispensing organization agent is not | ||||||
| 18 | subject to prosecution, search, or penalty in any manner, or | ||||||
| 19 | denial of be denied any right or privilege, including, but not | ||||||
| 20 | limited to, civil penalty or disciplinary action by a business | ||||||
| 21 | licensing board or entity, for working or volunteering for a | ||||||
| 22 | dispensing organization under this Act and Department of | ||||||
| 23 | Financial and Professional Regulation rules, including to | ||||||
| 24 | perform the actions listed under subsection (i).
| ||||||
| 25 | (k) Any cannabis, cannabis paraphernalia, illegal | ||||||
| 26 | property, or interest in legal property that is possessed, | ||||||
| |||||||
| |||||||
| 1 | owned, or used in connection with the medical use of cannabis | ||||||
| 2 | as allowed under this Act, or acts incidental to that use, may | ||||||
| 3 | not be seized or forfeited. This Act does not prevent the | ||||||
| 4 | seizure or forfeiture of cannabis exceeding the amounts allowed | ||||||
| 5 | under this Act, nor shall it prevent seizure or forfeiture if | ||||||
| 6 | the basis for the action is unrelated to the cannabis that is | ||||||
| 7 | possessed, manufactured, transferred, or used under this Act.
| ||||||
| 8 | (l) Mere possession of, or application for, a registry | ||||||
| 9 | identification card or registration certificate does not | ||||||
| 10 | constitute probable cause or reasonable suspicion, nor shall it | ||||||
| 11 | be used as the sole basis to support the search of the person, | ||||||
| 12 | property, or home of the person possessing or applying for the | ||||||
| 13 | registry identification card. The possession of, or | ||||||
| 14 | application for, a registry identification card does not | ||||||
| 15 | preclude the existence of probable cause if probable cause | ||||||
| 16 | exists on other grounds.
| ||||||
| 17 | (m) Nothing in this Act shall preclude local or State law | ||||||
| 18 | enforcement agencies from searching a registered cultivation | ||||||
| 19 | center where there is probable cause to believe that the | ||||||
| 20 | criminal laws of this State have been violated and the search | ||||||
| 21 | is conducted in conformity with the Illinois Constitution, the | ||||||
| 22 | Constitution of the United States, and all State statutes.
| ||||||
| 23 | (n) Nothing in this Act shall preclude local or State state | ||||||
| 24 | law enforcement agencies from searching a registered | ||||||
| 25 | dispensing organization where there is probable cause to | ||||||
| 26 | believe that the criminal laws of this State have been violated | ||||||
| |||||||
| |||||||
| 1 | and the search is conducted in conformity with the Illinois | ||||||
| 2 | Constitution, the Constitution of the United States, and all | ||||||
| 3 | State statutes.
| ||||||
| 4 | (o) No individual employed by the State of Illinois shall | ||||||
| 5 | be subject to criminal or civil penalties for taking any action | ||||||
| 6 | in accordance with the provisions of this Act, when the actions | ||||||
| 7 | are within the scope of his or her employment. Representation | ||||||
| 8 | and indemnification of State employees shall be provided to | ||||||
| 9 | State employees as set forth in Section 2 of the State Employee | ||||||
| 10 | Indemnification Act.
| ||||||
| 11 | (p) No law enforcement or correctional agency, nor any | ||||||
| 12 | individual employed by a law enforcement or correctional | ||||||
| 13 | agency, shall be subject to criminal or civil liability, except | ||||||
| 14 | for willful and wanton misconduct, as a result of taking any | ||||||
| 15 | action within the scope of the official duties of the agency or | ||||||
| 16 | individual to prohibit or prevent the possession or use of | ||||||
| 17 | cannabis by a cardholder incarcerated at a correctional | ||||||
| 18 | facility, jail, or municipal lockup facility, on parole or | ||||||
| 19 | mandatory supervised release, or otherwise under the lawful | ||||||
| 20 | jurisdiction of the agency or individual. | ||||||
| 21 | (Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20; | ||||||
| 22 | revised 9-24-19.)
| ||||||
| 23 | (410 ILCS 130/35)
| ||||||
| 24 | Sec. 35. Certifying health care professional requirements.
| ||||||
| 25 | (a) A certifying health care professional who certifies a | ||||||
| |||||||
| |||||||
| 1 | debilitating medical condition for a qualifying patient shall | ||||||
| 2 | comply with all of the following requirements:
| ||||||
| 3 | (1) The certifying health care professional shall be | ||||||
| 4 | currently licensed under the Medical Practice Act of 1987 | ||||||
| 5 | to practice medicine in all its branches, the Nurse | ||||||
| 6 | Practice Act, or the Physician Assistant Practice Act of | ||||||
| 7 | 1987, shall be in good standing, and must hold a controlled | ||||||
| 8 | substances license under Article III of the Illinois | ||||||
| 9 | Controlled Substances Act.
| ||||||
| 10 | (2) A certifying health care professional certifying a | ||||||
| 11 | patient's condition shall comply with generally accepted | ||||||
| 12 | standards of medical practice, the provisions of the Act | ||||||
| 13 | under which he or she is licensed and all applicable rules.
| ||||||
| 14 | (3) The physical examination required by this Act may | ||||||
| 15 | not be performed by remote means, including telemedicine.
| ||||||
| 16 | (4) The certifying health care professional shall | ||||||
| 17 | maintain a record-keeping system for all patients for whom | ||||||
| 18 | the certifying health care professional has certified the | ||||||
| 19 | patient's medical condition. These records shall be | ||||||
| 20 | accessible to and subject to review by the Department of | ||||||
| 21 | Public Health and the Department of Financial and | ||||||
| 22 | Professional Regulation upon request.
| ||||||
| 23 | (b) A certifying health care professional may not:
| ||||||
| 24 | (1) accept, solicit, or offer any form of remuneration | ||||||
| 25 | from or to a qualifying patient, primary caregiver, | ||||||
| 26 | cultivation center, or dispensing organization, including | ||||||
| |||||||
| |||||||
| 1 | each principal officer, board member, agent, and employee, | ||||||
| 2 | to certify a patient, other than accepting payment from a | ||||||
| 3 | patient for the fee associated with the required | ||||||
| 4 | examination, except for the limited purpose of performing a | ||||||
| 5 | medical cannabis-related research study; | ||||||
| 6 | (1.5) accept, solicit, or offer any form of | ||||||
| 7 | remuneration from or to a medical cannabis cultivation | ||||||
| 8 | center or dispensary organization for the purposes of | ||||||
| 9 | referring a patient to a specific dispensary organization; | ||||||
| 10 | (1.10) engage in any activity that is prohibited under | ||||||
| 11 | Section 22.2 of the Medical Practice Act of 1987, | ||||||
| 12 | regardless of whether the certifying health care | ||||||
| 13 | professional is a physician, advanced practice registered | ||||||
| 14 | nurse, or physician assistant; | ||||||
| 15 | (2) offer a discount of any other item of value to a | ||||||
| 16 | qualifying patient who uses or agrees to use a particular | ||||||
| 17 | primary caregiver or dispensing organization to obtain | ||||||
| 18 | medical cannabis;
| ||||||
| 19 | (3) conduct a personal physical examination of a | ||||||
| 20 | patient for purposes of diagnosing a debilitating medical | ||||||
| 21 | condition at a location where medical cannabis is sold or | ||||||
| 22 | distributed or at the address of a principal officer, | ||||||
| 23 | agent, or employee or a medical cannabis organization;
| ||||||
| 24 | (4) hold a direct or indirect economic interest in a | ||||||
| 25 | cultivation center or dispensing organization if he or she | ||||||
| 26 | recommends the use of medical cannabis to qualified | ||||||
| |||||||
| |||||||
| 1 | patients or is in a partnership or other fee or | ||||||
| 2 | profit-sharing relationship with a certifying health care | ||||||
| 3 | professional who recommends medical cannabis, except for | ||||||
| 4 | the limited purpose of performing a medical | ||||||
| 5 | cannabis-related cannabis related research study;
| ||||||
| 6 | (5) serve on the board of directors or as an employee | ||||||
| 7 | of a cultivation center or dispensing organization;
| ||||||
| 8 | (6) refer patients to a cultivation center, a | ||||||
| 9 | dispensing organization, or a registered designated | ||||||
| 10 | caregiver;
or | ||||||
| 11 | (7) advertise in a cultivation center or a dispensing | ||||||
| 12 | organization.
| ||||||
| 13 | (c) The Department of Public Health may with reasonable | ||||||
| 14 | cause refer a certifying health care professional, who has | ||||||
| 15 | certified a debilitating medical condition of a patient, to the | ||||||
| 16 | Illinois Department of Financial and Professional Regulation | ||||||
| 17 | for potential violations of this Section.
| ||||||
| 18 | (d) Any violation of this Section or any other provision of | ||||||
| 19 | this Act or rules adopted under this Act is a violation of the | ||||||
| 20 | certifying health care professional's licensure act.
| ||||||
| 21 | (e) A certifying health care professional who certifies a | ||||||
| 22 | debilitating medical condition for a qualifying patient may | ||||||
| 23 | notify the Department of Public Health in writing: (1) if the | ||||||
| 24 | certifying health care professional has reason to believe | ||||||
| 25 | either that the
registered qualifying patient has ceased to | ||||||
| 26 | suffer from a
debilitating medical condition; (2) that the bona | ||||||
| |||||||
| |||||||
| 1 | fide health care professional-patient relationship has | ||||||
| 2 | terminated; or (3) that continued use of medical cannabis would | ||||||
| 3 | result in contraindication with the patient's
other | ||||||
| 4 | medication. The registered qualifying patient's registry
| ||||||
| 5 | identification card shall be revoked by the Department of | ||||||
| 6 | Public Health after receiving the certifying health care | ||||||
| 7 | professional's notification. | ||||||
| 8 | (f) Nothing in this Act shall preclude a certifying health | ||||||
| 9 | care professional from referring a patient for health services, | ||||||
| 10 | except when the referral is limited to certification purposes | ||||||
| 11 | only, under this Act. | ||||||
| 12 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | ||||||
| 13 | revised 12-9-19.)
| ||||||
| 14 | (410 ILCS 130/36) | ||||||
| 15 | Sec. 36. Written certification. | ||||||
| 16 | (a) A certification confirming a patient's debilitating | ||||||
| 17 | medical condition shall be written on a form provided by the | ||||||
| 18 | Department of Public Health and shall include, at a minimum, | ||||||
| 19 | the following: | ||||||
| 20 | (1) the qualifying patient's name, date of birth, home | ||||||
| 21 | address, and primary telephone number; | ||||||
| 22 | (2) the certifying health care professional's name, | ||||||
| 23 | address, telephone number, email address, and medical, | ||||||
| 24 | advanced advance practice registered nurse, or physician | ||||||
| 25 | assistant license number, and the last 4 digits, only, of | ||||||
| |||||||
| |||||||
| 1 | his or her active controlled substances license under the | ||||||
| 2 | Illinois Controlled Substances Act and indication of | ||||||
| 3 | specialty or primary area of clinical practice, if any; | ||||||
| 4 | (3) the qualifying patient's debilitating medical | ||||||
| 5 | condition; | ||||||
| 6 | (4) a statement that the certifying health care | ||||||
| 7 | professional has confirmed a diagnosis of a debilitating | ||||||
| 8 | condition; is treating or managing treatment of the | ||||||
| 9 | patient's debilitating condition; has a bona fide health | ||||||
| 10 | care professional-patient relationship; has conducted an | ||||||
| 11 | in-person physical examination; and has conducted a review | ||||||
| 12 | of the patient's medical history, including reviewing | ||||||
| 13 | medical records from other treating health care | ||||||
| 14 | professionals, if any, from the previous 12 months; | ||||||
| 15 | (5) the certifying health care professional's | ||||||
| 16 | signature and date of certification; and | ||||||
| 17 | (6) a statement that a participant in possession of a | ||||||
| 18 | written certification indicating a debilitating medical | ||||||
| 19 | condition shall not be considered an unlawful user or | ||||||
| 20 | addicted to narcotics solely as a result of his or her | ||||||
| 21 | pending application to or participation in the | ||||||
| 22 | Compassionate Use of Medical Cannabis Program. | ||||||
| 23 | (b) A written certification does not constitute a | ||||||
| 24 | prescription for medical cannabis. | ||||||
| 25 | (c) Applications for qualifying patients under 18 years old | ||||||
| 26 | shall require a written certification from a certifying health | ||||||
| |||||||
| |||||||
| 1 | care professional and a reviewing certifying health care | ||||||
| 2 | professional. | ||||||
| 3 | (d) A certification confirming the patient's eligibility | ||||||
| 4 | to participate in the Opioid Alternative Pilot Program shall be | ||||||
| 5 | written on a form provided by the Department of Public Health | ||||||
| 6 | and shall include, at a minimum, the following: | ||||||
| 7 | (1) the participant's name, date of birth, home | ||||||
| 8 | address, and primary telephone number; | ||||||
| 9 | (2) the certifying health care professional's name, | ||||||
| 10 | address, telephone number, email address, and medical, | ||||||
| 11 | advanced advance practice registered nurse, or physician | ||||||
| 12 | assistant license number, and the last 4 digits, only, of | ||||||
| 13 | his or her active controlled substances license under the | ||||||
| 14 | Illinois Controlled Substances Act and indication of | ||||||
| 15 | specialty or primary area of clinical practice, if any; | ||||||
| 16 | (3) the certifying health care professional's | ||||||
| 17 | signature and date; | ||||||
| 18 | (4) the length of participation in the program, which | ||||||
| 19 | shall be limited to no more than 90 days; | ||||||
| 20 | (5) a statement identifying the patient has been | ||||||
| 21 | diagnosed with and is currently undergoing treatment for a | ||||||
| 22 | medical condition where an opioid has been or could be | ||||||
| 23 | prescribed; and | ||||||
| 24 | (6) a statement that a participant in possession of a | ||||||
| 25 | written certification indicating eligibility to | ||||||
| 26 | participate in the Opioid Alternative Pilot Program shall | ||||||
| |||||||
| |||||||
| 1 | not be considered an unlawful user or addicted to narcotics | ||||||
| 2 | solely as a result of his or her eligibility or | ||||||
| 3 | participation in the program. | ||||||
| 4 | (e) The Department of Public Health may provide a single | ||||||
| 5 | certification form for subsections (a) and (d) of this Section, | ||||||
| 6 | provided that all requirements of those subsections are | ||||||
| 7 | included on the form. | ||||||
| 8 | (f) The Department of Public Health shall not include the | ||||||
| 9 | word "cannabis" on any application forms or written | ||||||
| 10 | certification forms that it issues under this Section. | ||||||
| 11 | (g) A written certification does not constitute a | ||||||
| 12 | prescription. | ||||||
| 13 | (h) It is unlawful for any person to knowingly submit a | ||||||
| 14 | fraudulent certification to be a qualifying patient in the | ||||||
| 15 | Compassionate Use of Medical Cannabis Program or an Opioid | ||||||
| 16 | Alternative Pilot Program participant. A violation of this | ||||||
| 17 | subsection shall result in the person who has knowingly | ||||||
| 18 | submitted the fraudulent certification being permanently | ||||||
| 19 | banned from participating in the Compassionate Use of Medical | ||||||
| 20 | Cannabis Program or the Opioid Alternative Pilot Program.
| ||||||
| 21 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | ||||||
| 22 | revised 12-9-19.)
| ||||||
| 23 | (410 ILCS 130/75)
| ||||||
| 24 | Sec. 75. Notifications to Department of Public Health and | ||||||
| 25 | responses; civil penalty. | ||||||
| |||||||
| |||||||
| 1 | (a) The following notifications and Department of Public | ||||||
| 2 | Health responses are required:
| ||||||
| 3 | (1) A registered qualifying patient shall notify the | ||||||
| 4 | Department of Public Health of any change in his or her | ||||||
| 5 | name or address, or if the registered qualifying patient | ||||||
| 6 | ceases to have his or her debilitating medical condition, | ||||||
| 7 | within 10 days of the change.
| ||||||
| 8 | (2) A registered designated caregiver shall notify the | ||||||
| 9 | Department of Public Health of any change in his or her | ||||||
| 10 | name or address, or if the designated caregiver becomes | ||||||
| 11 | aware the registered qualifying patient passed away, | ||||||
| 12 | within 10 days of the change.
| ||||||
| 13 | (3) Before a registered qualifying patient changes his | ||||||
| 14 | or her designated caregiver, the qualifying patient must | ||||||
| 15 | notify the Department of Public Health.
| ||||||
| 16 | (4) If a cardholder loses his or her registry | ||||||
| 17 | identification card, he or she shall notify the Department | ||||||
| 18 | within 10 days of becoming aware the card has been lost.
| ||||||
| 19 | (b) When a cardholder notifies the Department of Public | ||||||
| 20 | Health of items listed in subsection (a), but remains eligible | ||||||
| 21 | under this Act, the Department of Public Health shall issue the | ||||||
| 22 | cardholder a new registry identification card with a new random | ||||||
| 23 | alphanumeric identification number within 15 business days of | ||||||
| 24 | receiving the updated information and a fee as specified in | ||||||
| 25 | Department of Public Health rules. If the person notifying the | ||||||
| 26 | Department of Public Health is a registered qualifying patient, | ||||||
| |||||||
| |||||||
| 1 | the Department shall also issue his or her registered | ||||||
| 2 | designated caregiver, if any, a new registry identification | ||||||
| 3 | card within 15 business days of receiving the updated | ||||||
| 4 | information.
| ||||||
| 5 | (c) If a registered qualifying patient ceases to be a | ||||||
| 6 | registered qualifying patient or changes his or her registered | ||||||
| 7 | designated caregiver, the Department of Public Health shall | ||||||
| 8 | promptly notify the designated caregiver. The registered | ||||||
| 9 | designated caregiver's protections under this Act as to that | ||||||
| 10 | qualifying patient shall expire 15 days after notification by | ||||||
| 11 | the Department.
| ||||||
| 12 | (d) A cardholder who fails to make a notification to the | ||||||
| 13 | Department of Public Health that is required by this Section is | ||||||
| 14 | subject to a civil infraction, punishable by a penalty of no | ||||||
| 15 | more than $150.
| ||||||
| 16 | (e) A registered qualifying patient shall notify the | ||||||
| 17 | Department of Public Health of any change to his or her | ||||||
| 18 | designated registered dispensing organization. The Department | ||||||
| 19 | of Public Health shall provide for immediate changes of a | ||||||
| 20 | registered qualifying patient's designated registered | ||||||
| 21 | dispensing organization. Registered dispensing organizations | ||||||
| 22 | must comply with all requirements of this Act.
| ||||||
| 23 | (f) If the registered qualifying patient's certifying | ||||||
| 24 | certifying health care professional notifies the Department in | ||||||
| 25 | writing that either the registered qualifying patient has | ||||||
| 26 | ceased to suffer from a debilitating medical condition, that | ||||||
| |||||||
| |||||||
| 1 | the bona fide health care professional-patient relationship | ||||||
| 2 | has terminated, or that continued use of medical
cannabis would | ||||||
| 3 | result in contraindication with the patient's
other | ||||||
| 4 | medication, the card shall become null and void. However, the | ||||||
| 5 | registered qualifying patient shall have 15 days to destroy his | ||||||
| 6 | or her remaining medical cannabis and related paraphernalia.
| ||||||
| 7 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | ||||||
| 8 | revised 12-9-19.)
| ||||||
| 9 | (410 ILCS 130/160)
| ||||||
| 10 | Sec. 160. Annual reports. The Department of Public Health | ||||||
| 11 | shall submit to the General Assembly a report, by September 30 | ||||||
| 12 | of each year, that does not disclose any identifying | ||||||
| 13 | information about registered qualifying patients, registered | ||||||
| 14 | caregivers, or certifying health care professionals, but does | ||||||
| 15 | contain, at a minimum, all of the following information based | ||||||
| 16 | on the fiscal year for reporting purposes:
| ||||||
| 17 | (1) the number of applications and renewals filed for | ||||||
| 18 | registry identification cards or registrations;
| ||||||
| 19 | (2) the number of qualifying patients and designated | ||||||
| 20 | caregivers served by each dispensary during the report | ||||||
| 21 | year;
| ||||||
| 22 | (3) the nature of the debilitating medical conditions | ||||||
| 23 | of the qualifying patients;
| ||||||
| 24 | (4) the number of registry identification cards or | ||||||
| 25 | registrations revoked for misconduct;
| ||||||
| |||||||
| |||||||
| 1 | (5) the number of certifying health care professionals | ||||||
| 2 | providing written certifications for qualifying patients; | ||||||
| 3 | and
| ||||||
| 4 | (6) the number of registered medical cannabis | ||||||
| 5 | cultivation centers or registered dispensing | ||||||
| 6 | organizations; and
| ||||||
| 7 | (7) the number of Opioid Alternative Pilot
Program | ||||||
| 8 | participants. | ||||||
| 9 | (Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18; | ||||||
| 10 | 101-363, eff. 8-9-19; revised 12-9-19.)
| ||||||
| 11 | Section 550. The Infectious Disease Testing Act is amended | ||||||
| 12 | by changing Section 5 as follows:
| ||||||
| 13 | (410 ILCS 312/5)
| ||||||
| 14 | Sec. 5. Definitions. Definitions. As used in this Act: | ||||||
| 15 | "Health care provider" has the meaning ascribed to it under | ||||||
| 16 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 17 | "Health facility" means a hospital, nursing home, blood | ||||||
| 18 | bank, blood center, sperm bank, or other health care | ||||||
| 19 | institution, including any "health facility" as that term is | ||||||
| 20 | defined in the Illinois Finance Authority Act. | ||||||
| 21 | "HIPAA" means the Health Insurance Portability and | ||||||
| 22 | Accountability Act of 1996, Public Law 104-191, as amended by | ||||||
| 23 | the Health Information Technology for Economic and Clinical | ||||||
| 24 | Health Act of 2009, Public Law 111-05, and any subsequent | ||||||
| |||||||
| |||||||
| 1 | amendments thereto and any regulations promulgated thereunder. | ||||||
| 2 | "Law enforcement officer" means any person employed by the | ||||||
| 3 | State, a county, or a municipality as a policeman, peace | ||||||
| 4 | officer, auxiliary policeman, or correctional officer or in | ||||||
| 5 | some like position involving the enforcement of the law and | ||||||
| 6 | protection of the public interest at the risk of that person's | ||||||
| 7 | life.
| ||||||
| 8 | (Source: P.A. 100-270, eff. 8-22-17; revised 7-23-19.)
| ||||||
| 9 | Section 555. The Lupus Education and Awareness Act is | ||||||
| 10 | amended by changing Section 15 as follows:
| ||||||
| 11 | (410 ILCS 528/15)
| ||||||
| 12 | Sec. 15. Establishment of the Lupus Education and Awareness | ||||||
| 13 | Program.
| ||||||
| 14 | (a) Subject to appropriation, there is created within the | ||||||
| 15 | Department of Public Health the Lupus Education and Awareness | ||||||
| 16 | Program (LEAP). The Program shall be composed of various | ||||||
| 17 | components, including, but not limited to, public awareness | ||||||
| 18 | activities and professional education programs. Subject to | ||||||
| 19 | appropriation, the Interagency and Partnership Advisory Panel | ||||||
| 20 | on Lupus is created to oversee LEAP and advise the Department | ||||||
| 21 | in implementing LEAP. | ||||||
| 22 | (b) The Department shall establish, promote, and maintain | ||||||
| 23 | the Lupus Education and Awareness Program with an emphasis on | ||||||
| 24 | minority populations and at-risk communities in order to raise | ||||||
| |||||||
| |||||||
| 1 | public awareness, educate consumers, and educate and train | ||||||
| 2 | health professionals, human service providers, and other | ||||||
| 3 | audiences. | ||||||
| 4 | The Department shall work with a national organization that | ||||||
| 5 | deals with lupus to implement programs to raise public | ||||||
| 6 | awareness about the symptoms and nature of lupus, personal risk | ||||||
| 7 | factors, and options for diagnosing and treating the disease, | ||||||
| 8 | with a particular focus on populations at elevated risk for | ||||||
| 9 | lupus, including women and communities of color. | ||||||
| 10 | The Program shall include initiatives to educate and train | ||||||
| 11 | physicians, health care professionals, and other service | ||||||
| 12 | providers on the most up-to-date and accurate scientific and | ||||||
| 13 | medical information regarding lupus diagnosis, treatment, | ||||||
| 14 | risks and benefits of medications, research advances, and | ||||||
| 15 | therapeutic decision making, including medical best practices | ||||||
| 16 | for detecting and treating the disease in special populations. | ||||||
| 17 | These activities shall include, but not be limited to, all of | ||||||
| 18 | the following: | ||||||
| 19 | (1) Distribution of medically-sound health information | ||||||
| 20 | produced by a national organization that deals with lupus | ||||||
| 21 | and government agencies, including, but not limited to, the | ||||||
| 22 | National Institutes of Health, the Centers for Disease | ||||||
| 23 | Control and Prevention, and the Social Security | ||||||
| 24 | Administration, through local health departments, schools, | ||||||
| 25 | agencies on aging, employer wellness programs, physicians | ||||||
| 26 | and other health professionals, hospitals, health plans | ||||||
| |||||||
| |||||||
| 1 | and health maintenance organizations, women's health | ||||||
| 2 | programs, and nonprofit and community-based organizations. | ||||||
| 3 | (2) Development of educational materials for health | ||||||
| 4 | professionals that identify the latest scientific and | ||||||
| 5 | medical information and clinical applications. | ||||||
| 6 | (3) Working to increase knowledge among physicians, | ||||||
| 7 | nurses, and health and human services professionals about | ||||||
| 8 | the importance of lupus diagnosis, treatment, and | ||||||
| 9 | rehabilitation.
| ||||||
| 10 | (4) Support of continuing medical education programs | ||||||
| 11 | presented by the leading State academic institutions by | ||||||
| 12 | providing them with the most up-to-date information.
| ||||||
| 13 | (5) Providing statewide workshops and seminars for | ||||||
| 14 | in-depth professional development regarding the care and | ||||||
| 15 | management of patients with lupus in order to bring the | ||||||
| 16 | latest information on clinical advances to care providers.
| ||||||
| 17 | (6) Development and maintenance of a directory of | ||||||
| 18 | lupus-related services and lupus health care providers | ||||||
| 19 | with specialization in services to diagnose and treat | ||||||
| 20 | lupus. The Department shall disseminate this directory to | ||||||
| 21 | all stakeholders, including, but not limited to, | ||||||
| 22 | individuals with lupus, families, and representatives from | ||||||
| 23 | voluntary organizations, health care professionals, health | ||||||
| 24 | plans, and State and local health agencies. | ||||||
| 25 | (c) The Director shall do all of the following: | ||||||
| 26 | (1) Designate a person in the Department to oversee the | ||||||
| |||||||
| |||||||
| 1 | Program.
| ||||||
| 2 | (2) Identify the appropriate entities to carry out the | ||||||
| 3 | Program, including, but not limited to, the following: | ||||||
| 4 | local health departments, schools, agencies on aging, | ||||||
| 5 | employer wellness programs, physicians and other health | ||||||
| 6 | professionals, hospitals, health plans and health | ||||||
| 7 | maintenance organizations, women's health organizations, | ||||||
| 8 | and nonprofit and community-based organizations.
| ||||||
| 9 | (3) Base the Program on the most current scientific | ||||||
| 10 | information and findings.
| ||||||
| 11 | (4) Work with governmental entities, community and | ||||||
| 12 | business leaders, community organizations, health care and | ||||||
| 13 | human service providers, and national, State, and local | ||||||
| 14 | organizations to coordinate efforts to maximize State | ||||||
| 15 | resources in the areas of lupus education and awareness.
| ||||||
| 16 | (5) Use public health institutions for dissemination | ||||||
| 17 | of medically sound health materials.
| ||||||
| 18 | (d) The Department shall establish and coordinate the | ||||||
| 19 | Interagency and Partnership Advisory Panel on Lupus consisting | ||||||
| 20 | of 15 members, one of whom shall be appointed by the Director | ||||||
| 21 | as the chair.
The Panel shall be composed of: | ||||||
| 22 | (1) at least 3 individuals with lupus;
| ||||||
| 23 | (2) three representatives from relevant State agencies | ||||||
| 24 | including the Department;
| ||||||
| 25 | (3) three scientists with experience in lupus who | ||||||
| 26 | participate in various fields of scientific endeavor, | ||||||
| |||||||
| |||||||
| 1 | including, but not limited to, biomedical research, | ||||||
| 2 | social, translational, behavioral, and epidemiological | ||||||
| 3 | research, and public health;
| ||||||
| 4 | (4) two medical clinicians with experience in treating | ||||||
| 5 | people with lupus; and
| ||||||
| 6 | (5) four representatives from relevant nonprofit | ||||||
| 7 | women's and health organizations, including one | ||||||
| 8 | representative from a national organization that deals | ||||||
| 9 | with the treatment of lupus. | ||||||
| 10 | Individuals and organizations may submit nominations to | ||||||
| 11 | the Director to be named to the Panel. Such nominations may | ||||||
| 12 | include the following: | ||||||
| 13 | (i) representatives from appropriate State departments | ||||||
| 14 | and agencies, such as entities with responsibility for | ||||||
| 15 | health disparities, public health programs, education, | ||||||
| 16 | public welfare, and women's health programs; | ||||||
| 17 | (ii) health and medical professionals with expertise | ||||||
| 18 | in lupus; and | ||||||
| 19 | (iii) individuals with lupus, and recognized experts | ||||||
| 20 | in the provision of health services to women, lupus | ||||||
| 21 | research, or health disparities. | ||||||
| 22 | All members of the panel shall serve terms of 2 years. A | ||||||
| 23 | member may be appointed to serve not more than 2 terms, whether | ||||||
| 24 | or not consecutive.
A majority of the members of the panel | ||||||
| 25 | shall constitute a quorum. A majority vote of a quorum shall be | ||||||
| 26 | required for any official action of the Panel.
The Panel shall | ||||||
| |||||||
| |||||||
| 1 | meet at the call of the chair, but not less than 2 times per | ||||||
| 2 | year. All members shall serve without compensation, but shall | ||||||
| 3 | be entitled to actual, necessary expenses incurred in the | ||||||
| 4 | performance of their business as members of the Panel in | ||||||
| 5 | accordance with the reimbursement policies polices for the | ||||||
| 6 | State.
| ||||||
| 7 | (Source: P.A. 96-1108, eff. 1-1-11; revised 7-23-19.)
| ||||||
| 8 | Section 560. The Environmental Protection Act is amended by | ||||||
| 9 | setting forth,
renumbering, and changing multiple versions of | ||||||
| 10 | Sections 9.16 and 22.59 and by changing Sections 21, 21.7, | ||||||
| 11 | 22.23d, 39, and 40 as follows:
| ||||||
| 12 | (415 ILCS 5/9.16) | ||||||
| 13 | Sec. 9.16. Control of ethylene oxide sterilization | ||||||
| 14 | sources. | ||||||
| 15 | (a) As used in this Section: | ||||||
| 16 | "Ethylene oxide sterilization operations" means the | ||||||
| 17 | process of using ethylene oxide at an ethylene oxide | ||||||
| 18 | sterilization source to make one or more items free from | ||||||
| 19 | microorganisms, pathogens, or both microorganisms and | ||||||
| 20 | pathogens. | ||||||
| 21 | "Ethylene oxide sterilization source" means any stationary | ||||||
| 22 | source with ethylene oxide usage that would subject it to the | ||||||
| 23 | emissions standards in 40 CFR 63.362. "Ethylene oxide | ||||||
| 24 | sterilization source" does not include beehive fumigators, | ||||||
| |||||||
| |||||||
| 1 | research or laboratory facilities, hospitals, doctors' | ||||||
| 2 | offices, clinics, or other stationary sources for which the | ||||||
| 3 | primary purpose is to provide medical services to humans or | ||||||
| 4 | animals. | ||||||
| 5 | "Exhaust point" means any point through which ethylene | ||||||
| 6 | oxide-laden air exits an ethylene oxide sterilization source. | ||||||
| 7 | "Stationary source" has the meaning set forth in subsection | ||||||
| 8 | 1 of Section 39.5. | ||||||
| 9 | (b) Beginning 180 days after June 21, 2019 (the effective | ||||||
| 10 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
| 11 | General Assembly, no person shall conduct ethylene oxide | ||||||
| 12 | sterilization operations, unless the ethylene oxide | ||||||
| 13 | sterilization source captures, and demonstrates that it | ||||||
| 14 | captures, 100% of all ethylene oxide emissions and reduces | ||||||
| 15 | ethylene oxide emissions to the atmosphere from each exhaust | ||||||
| 16 | point at the ethylene oxide sterilization source by at least | ||||||
| 17 | 99.9% or to 0.2 parts per million. | ||||||
| 18 | (1) Within 180 days after June 21, 2019 (the effective | ||||||
| 19 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
| 20 | General Assembly for any existing ethylene oxide | ||||||
| 21 | sterilization source, or prior to any ethylene oxide | ||||||
| 22 | sterilization operation for any source that first becomes | ||||||
| 23 | subject to regulation after June 21, 2019 (the effective | ||||||
| 24 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
| 25 | General Assembly as an ethylene oxide sterilization source | ||||||
| 26 | under this Section, the owner or operator of the ethylene | ||||||
| |||||||
| |||||||
| 1 | oxide sterilization source shall conduct an initial | ||||||
| 2 | emissions test in accordance with all of the requirements | ||||||
| 3 | set forth in this paragraph (1) to verify that ethylene | ||||||
| 4 | oxide emissions to the atmosphere from each exhaust point | ||||||
| 5 | at the ethylene oxide sterilization source have been | ||||||
| 6 | reduced by at least 99.9% or to 0.2 parts per million: | ||||||
| 7 | (A) At least 30 days prior to the scheduled | ||||||
| 8 | emissions test date, the owner or operator of the | ||||||
| 9 | ethylene oxide sterilization source shall submit a | ||||||
| 10 | notification of the scheduled emissions test date and a | ||||||
| 11 | copy of the proposed emissions test protocol to the | ||||||
| 12 | Agency for review and written approval. Emissions test | ||||||
| 13 | protocols submitted to the Agency shall address the | ||||||
| 14 | manner in which testing will be conducted, including, | ||||||
| 15 | but not limited to: | ||||||
| 16 | (i) the name of the independent third party | ||||||
| 17 | company that will be performing sampling and | ||||||
| 18 | analysis and the company's experience with similar | ||||||
| 19 | emissions tests; | ||||||
| 20 | (ii) the methodologies to be used; | ||||||
| 21 | (iii) the conditions under which emissions | ||||||
| 22 | tests will be performed, including a discussion of | ||||||
| 23 | why these conditions will be representative of | ||||||
| 24 | maximum emissions from each of the 3 cycles of | ||||||
| 25 | operation (chamber evacuation, back vent, and | ||||||
| 26 | aeration) and the means by which the operating | ||||||
| |||||||
| |||||||
| 1 | parameters for the emission unit and any control | ||||||
| 2 | equipment will be determined; | ||||||
| 3 | (iv) the specific determinations of emissions | ||||||
| 4 | and operations that are intended to be made, | ||||||
| 5 | including sampling and monitoring locations; and | ||||||
| 6 | (v) any changes to the test method or methods | ||||||
| 7 | proposed to accommodate the specific circumstances | ||||||
| 8 | of testing, with justification. | ||||||
| 9 | (B) The owner or operator of the ethylene oxide | ||||||
| 10 | sterilization source shall perform emissions testing | ||||||
| 11 | in accordance with an Agency-approved test protocol | ||||||
| 12 | and at representative conditions to verify that | ||||||
| 13 | ethylene oxide emissions to the atmosphere from each | ||||||
| 14 | exhaust point at the ethylene oxide sterilization | ||||||
| 15 | source have been reduced by at least 99.9% or to 0.2 | ||||||
| 16 | parts per million. The duration of the test must | ||||||
| 17 | incorporate all 3 cycles of operation for | ||||||
| 18 | determination of the emission reduction efficiency. | ||||||
| 19 | (C) Upon Agency approval of the test protocol, any | ||||||
| 20 | source that first becomes subject to regulation after | ||||||
| 21 | June 21, 2019 (the effective date of Public Act 101-22) | ||||||
| 22 | this amendatory Act of the 101st General Assembly as an | ||||||
| 23 | ethylene oxide sterilization source under this Section | ||||||
| 24 | may undertake ethylene oxide sterilization operations | ||||||
| 25 | in accordance with the Agency-approved test protocol | ||||||
| 26 | for the sole purpose of demonstrating compliance with | ||||||
| |||||||
| |||||||
| 1 | this subsection (b). | ||||||
| 2 | (D) The owner or operator of the ethylene oxide | ||||||
| 3 | sterilization source shall submit to the Agency the | ||||||
| 4 | results of any and all emissions testing conducted | ||||||
| 5 | after June 21, 2019 (the effective date of Public Act | ||||||
| 6 | 101-22) this amendatory Act of the 101st General | ||||||
| 7 | Assembly, until the Agency accepts testing results | ||||||
| 8 | under subparagraph (E) of paragraph (1) of this | ||||||
| 9 | subsection (b), for any existing source or prior to any | ||||||
| 10 | ethylene oxide sterilization operation for any source | ||||||
| 11 | that first becomes subject to regulation after June 21, | ||||||
| 12 | 2019 (the effective date of Public Act 101-22) this | ||||||
| 13 | amendatory Act of the 101st General Assembly as an | ||||||
| 14 | ethylene oxide sterilization source under this | ||||||
| 15 | Section. The results documentation shall include at a | ||||||
| 16 | minimum: | ||||||
| 17 | (i) a summary of results; | ||||||
| 18 | (ii) a description of test method or methods, | ||||||
| 19 | including description of sample points, sampling | ||||||
| 20 | train, analysis equipment, and test schedule; | ||||||
| 21 | (iii) a detailed description of test | ||||||
| 22 | conditions, including process information and | ||||||
| 23 | control equipment information; and | ||||||
| 24 | (iv) data and calculations, including copies | ||||||
| 25 | of all raw data sheets, opacity observation | ||||||
| 26 | records and records of laboratory analyses, sample | ||||||
| |||||||
| |||||||
| 1 | calculations, and equipment calibration. | ||||||
| 2 | (E) Within 30 days of receipt, the Agency shall | ||||||
| 3 | accept, accept with conditions, or decline to accept a | ||||||
| 4 | stack testing protocol and the testing results | ||||||
| 5 | submitted to demonstrate compliance with paragraph (1) | ||||||
| 6 | of this subsection (b). If the Agency accepts with | ||||||
| 7 | conditions or declines to accept the results | ||||||
| 8 | submitted, the owner or operator of the ethylene oxide | ||||||
| 9 | sterilization source shall submit revised results of | ||||||
| 10 | the emissions testing or conduct emissions testing | ||||||
| 11 | again. If the owner or operator revises the results, | ||||||
| 12 | the revised results shall be submitted within 15 days | ||||||
| 13 | after the owner or operator of the ethylene oxide | ||||||
| 14 | sterilization source receives written notice of the | ||||||
| 15 | Agency's conditional acceptance or rejection of the | ||||||
| 16 | emissions testing results. If the owner or operator | ||||||
| 17 | conducts emissions testing again, such new emissions | ||||||
| 18 | testing shall conform to the requirements of this | ||||||
| 19 | subsection (b). | ||||||
| 20 | (2) The owner or operator of the ethylene oxide | ||||||
| 21 | sterilization source shall conduct emissions testing on | ||||||
| 22 | all exhaust points at the ethylene oxide sterilization | ||||||
| 23 | source at least once each calendar year to demonstrate | ||||||
| 24 | compliance with the requirements of this Section and any | ||||||
| 25 | applicable requirements concerning ethylene oxide that are | ||||||
| 26 | set forth in either United States Environmental Protection | ||||||
| |||||||
| |||||||
| 1 | Agency rules or Board rules. Annual emissions tests | ||||||
| 2 | required under this paragraph (2) shall take place at least | ||||||
| 3 | 6 months apart. An initial emissions test conducted under | ||||||
| 4 | paragraph (1) of this subsection (b) satisfies the testing | ||||||
| 5 | requirement of this paragraph (2) for the calendar year in | ||||||
| 6 | which the initial emissions test is conducted. | ||||||
| 7 | (3) At least 30 days before conducting the annual | ||||||
| 8 | emissions test required under paragraph (2) of this | ||||||
| 9 | subsection (b), the owner or operator shall submit a | ||||||
| 10 | notification of the scheduled emissions test date and a | ||||||
| 11 | copy of the proposed emissions test protocol to the Agency | ||||||
| 12 | for review and written approval. Emissions test protocols | ||||||
| 13 | submitted to the Agency under this paragraph (3) must | ||||||
| 14 | address each item listed in subparagraph (A) of paragraph | ||||||
| 15 | (1) of this subsection (b). Emissions testing shall be | ||||||
| 16 | performed in accordance with an Agency-approved test | ||||||
| 17 | protocol and at representative conditions. In addition, as | ||||||
| 18 | soon as practicable, but no later than 30 days after the | ||||||
| 19 | emissions test date, the owner or operator shall submit to | ||||||
| 20 | the Agency the results of the emissions testing required | ||||||
| 21 | under paragraph (2) of this subsection (b). Such results | ||||||
| 22 | must include each item listed in subparagraph (D) of | ||||||
| 23 | paragraph (1) of this subsection (b). | ||||||
| 24 | (4) If the owner or operator of an ethylene oxide | ||||||
| 25 | sterilization source conducts any emissions testing in | ||||||
| 26 | addition to tests required by Public Act 101-22 this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 101st General Assembly, the owner or | ||||||
| 2 | operator shall submit to the Agency the results of such | ||||||
| 3 | emissions testing within 30 days after the emissions test | ||||||
| 4 | date. | ||||||
| 5 | (5) The Agency shall accept, accept with conditions, or | ||||||
| 6 | decline to accept testing results submitted to demonstrate | ||||||
| 7 | compliance with paragraph (2) of this subsection (b). If | ||||||
| 8 | the Agency accepts with conditions or declines to accept | ||||||
| 9 | the results submitted, the owner or operator of the | ||||||
| 10 | ethylene oxide sterilization source shall submit revised | ||||||
| 11 | results of the emissions testing or conduct emissions | ||||||
| 12 | testing again. If the owner or operator revises the | ||||||
| 13 | results, the revised results shall be submitted within 15 | ||||||
| 14 | days after the owner or operator of the ethylene oxide | ||||||
| 15 | sterilization source receives written notice of the | ||||||
| 16 | Agency's conditional acceptance or rejection of the | ||||||
| 17 | emissions testing results. If the owner or operator | ||||||
| 18 | conducts emissions testing again, such new emissions | ||||||
| 19 | testing shall conform to the requirements of this | ||||||
| 20 | subsection (b). | ||||||
| 21 | (c) If any emissions test conducted more than 180 days | ||||||
| 22 | after June 21, 2019 (the effective date of Public Act 101-22) | ||||||
| 23 | this amendatory Act of the 101st General Assembly fails to | ||||||
| 24 | demonstrate that ethylene oxide emissions to the atmosphere | ||||||
| 25 | from each exhaust point at the ethylene oxide sterilization | ||||||
| 26 | source have been reduced by at least 99.9% or to 0.2 parts per | ||||||
| |||||||
| |||||||
| 1 | million, the owner or operator of the ethylene oxide | ||||||
| 2 | sterilization source shall immediately cease ethylene oxide | ||||||
| 3 | sterilization operations and notify the Agency within 24 hours | ||||||
| 4 | of becoming aware of the failed emissions test. Within 60 days | ||||||
| 5 | after the date of the test, the owner or operator of the | ||||||
| 6 | ethylene oxide sterilization source shall: | ||||||
| 7 | (1) complete an analysis to determine the root cause of | ||||||
| 8 | the failed emissions test; | ||||||
| 9 | (2) take any actions necessary to address that root | ||||||
| 10 | cause; | ||||||
| 11 | (3) submit a report to the Agency describing the | ||||||
| 12 | findings of the root cause analysis, any work undertaken to | ||||||
| 13 | address findings of the root cause analysis, and | ||||||
| 14 | identifying any feasible best management practices to | ||||||
| 15 | enhance capture and further reduce ethylene oxide levels | ||||||
| 16 | within the ethylene oxide sterilization source, including | ||||||
| 17 | a schedule for implementing such practices; and | ||||||
| 18 | (4) upon approval by the Agency of the report required | ||||||
| 19 | by paragraph (3) of this subsection, restart ethylene oxide | ||||||
| 20 | sterilization operations only to the extent necessary to | ||||||
| 21 | conduct additional emissions test or tests. The ethylene | ||||||
| 22 | oxide sterilization source shall conduct such emissions | ||||||
| 23 | test or tests under the same requirements as the annual | ||||||
| 24 | test described in paragraphs (2) and (3) of subsection (b). | ||||||
| 25 | The ethylene oxide sterilization source may restart | ||||||
| 26 | operations once an emissions test successfully | ||||||
| |||||||
| |||||||
| 1 | demonstrates that ethylene oxide emissions to the | ||||||
| 2 | atmosphere from each exhaust point at the ethylene oxide | ||||||
| 3 | sterilization source have been reduced by at least 99.9% or | ||||||
| 4 | to 0.2 parts per million, the source has submitted the | ||||||
| 5 | results of all emissions testing conducted under this | ||||||
| 6 | subsection to the Agency, and the Agency has approved the | ||||||
| 7 | results demonstrating compliance. | ||||||
| 8 | (d) Beginning 180 days after June 21, 2019 (the effective | ||||||
| 9 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
| 10 | General Assembly for any existing source or prior to any | ||||||
| 11 | ethylene oxide sterilization operation for any source that | ||||||
| 12 | first becomes subject to regulation after June 21, 2019 (the | ||||||
| 13 | effective date of Public Act 101-22) this amendatory Act of the | ||||||
| 14 | 101st General Assembly as an ethylene oxide sterilization | ||||||
| 15 | source under this Section, no person shall conduct ethylene | ||||||
| 16 | oxide sterilization operations unless the owner or operator of | ||||||
| 17 | the ethylene oxide sterilization source submits for review and | ||||||
| 18 | approval by the Agency a plan describing how the owner or | ||||||
| 19 | operator will continuously collect emissions information at | ||||||
| 20 | the ethylene oxide sterilization source. This plan must also | ||||||
| 21 | specify locations at the ethylene oxide sterilization source | ||||||
| 22 | from which emissions will be collected and identify equipment | ||||||
| 23 | used for collection and analysis, including the individual | ||||||
| 24 | system components. | ||||||
| 25 | (1) The owner or operator of the ethylene oxide | ||||||
| 26 | sterilization source must provide a notice of acceptance of | ||||||
| |||||||
| |||||||
| 1 | any conditions added by the Agency to the plan, or correct | ||||||
| 2 | any deficiencies identified by the Agency in the plan, | ||||||
| 3 | within 3 business days after receiving the Agency's | ||||||
| 4 | conditional acceptance or denial of the plan. | ||||||
| 5 | (2) Upon the Agency's approval of the plan, the owner | ||||||
| 6 | or operator of the ethylene oxide sterilization source | ||||||
| 7 | shall implement the plan in accordance with its approved | ||||||
| 8 | terms. | ||||||
| 9 | (e) Beginning 180 days after June 21, 2019 (the effective | ||||||
| 10 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
| 11 | General Assembly for any existing source or prior to any | ||||||
| 12 | ethylene oxide sterilization operation for any source that | ||||||
| 13 | first becomes subject to regulation after June 21, 2019 (the | ||||||
| 14 | effective date of Public Act 101-22) this amendatory Act of the | ||||||
| 15 | 101st General Assembly as an ethylene oxide sterilization | ||||||
| 16 | source under this Section, no person shall conduct ethylene | ||||||
| 17 | oxide sterilization operations unless the owner or operator of | ||||||
| 18 | the ethylene oxide sterilization source submits for review and | ||||||
| 19 | approval by the Agency an Ambient Air Monitoring Plan. | ||||||
| 20 | (1) The Ambient Air Monitoring Plan shall include, at a | ||||||
| 21 | minimum, the following: | ||||||
| 22 | (A) Detailed plans to collect and analyze air | ||||||
| 23 | samples for ethylene oxide on at least a quarterly | ||||||
| 24 | basis near the property boundaries of the ethylene | ||||||
| 25 | oxide sterilization source and at community locations | ||||||
| 26 | with the highest modeled impact pursuant to the | ||||||
| |||||||
| |||||||
| 1 | modeling conducted under subsection (f). Each | ||||||
| 2 | quarterly sampling under this subsection shall be | ||||||
| 3 | conducted over a multiple-day sampling period. | ||||||
| 4 | (B) A schedule for implementation. | ||||||
| 5 | (C) The name of the independent third party company | ||||||
| 6 | that will be performing sampling and analysis and the | ||||||
| 7 | company's experience with similar testing. | ||||||
| 8 | (2) The owner or operator of the ethylene oxide | ||||||
| 9 | sterilization source must provide a notice of acceptance of | ||||||
| 10 | any conditions added by the Agency to the Ambient Air | ||||||
| 11 | Monitoring Plan, or correct any deficiencies identified by | ||||||
| 12 | the Agency in the Ambient Air Monitoring Plan, within 3 | ||||||
| 13 | business days after receiving the Agency's conditional | ||||||
| 14 | acceptance or denial of the plan. | ||||||
| 15 | (3) Upon the Agency's approval of the plan, the owner | ||||||
| 16 | or operator of the ethylene oxide sterilization source | ||||||
| 17 | shall implement the Ambient Air Monitoring Plan in | ||||||
| 18 | accordance with its approved terms. | ||||||
| 19 | (f) Beginning 180 days after June 21, 2019 (the effective | ||||||
| 20 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
| 21 | General Assembly for any existing source or prior to any | ||||||
| 22 | ethylene oxide sterilization operation for any source that | ||||||
| 23 | first becomes subject to regulation after June 21, 2019 (the | ||||||
| 24 | effective date of Public Act 101-22) this amendatory Act of the | ||||||
| 25 | 101st General Assembly as an ethylene oxide sterilization | ||||||
| 26 | source under this Section, no person shall conduct ethylene | ||||||
| |||||||
| |||||||
| 1 | oxide sterilization operations unless the owner or operator of | ||||||
| 2 | the ethylene oxide sterilization source has performed | ||||||
| 3 | dispersion modeling and the Agency approves such modeling. | ||||||
| 4 | (1) Dispersion modeling must: | ||||||
| 5 | (A) be conducted using accepted United States | ||||||
| 6 | Environmental Protection Agency methodologies, | ||||||
| 7 | including 40 CFR Part 51, Appendix W, except that no | ||||||
| 8 | background ambient levels of ethylene oxide shall be | ||||||
| 9 | used; | ||||||
| 10 | (B) use emissions and stack parameter data from the | ||||||
| 11 | emissions test conducted in accordance with paragraph | ||||||
| 12 | (1) of subsection (b), and use 5 years of hourly | ||||||
| 13 | meteorological data that is representative of the | ||||||
| 14 | source's location; and | ||||||
| 15 | (C) use a receptor grid that extends to at least | ||||||
| 16 | one kilometer around the source and ensure the modeling | ||||||
| 17 | domain includes the area of maximum impact, with | ||||||
| 18 | receptor spacing no greater than every 50 meters | ||||||
| 19 | starting from the building walls of the source | ||||||
| 20 | extending out to a distance of at least one-half | ||||||
| 21 | kilometer, then every 100 meters extending out to a | ||||||
| 22 | distance of at least one kilometer. | ||||||
| 23 | (2) The owner or operator of the ethylene oxide | ||||||
| 24 | sterilization source shall submit revised results of all | ||||||
| 25 | modeling if the Agency accepts with conditions or declines | ||||||
| 26 | to accept the results submitted. | ||||||
| |||||||
| |||||||
| 1 | (g) A facility permitted to emit ethylene oxide that has | ||||||
| 2 | been subject to a seal order under Section 34 is prohibited | ||||||
| 3 | from using ethylene oxide for sterilization or fumigation | ||||||
| 4 | purposes, unless (i) the facility can provide a certification | ||||||
| 5 | to the Agency by the supplier of a product to be sterilized or | ||||||
| 6 | fumigated that ethylene oxide sterilization or fumigation is | ||||||
| 7 | the only available method to completely sterilize or fumigate | ||||||
| 8 | the product and (ii) the Agency has certified that the | ||||||
| 9 | facility's emission control system uses technology that | ||||||
| 10 | produces the greatest reduction in ethylene oxide emissions | ||||||
| 11 | currently available. The certification shall be made by a | ||||||
| 12 | company representative with knowledge of the sterilization | ||||||
| 13 | requirements of the product. The certification requirements of | ||||||
| 14 | this Section shall apply to any group of products packaged | ||||||
| 15 | together and sterilized as a single product if sterilization or | ||||||
| 16 | fumigation is the only available method to completely sterilize | ||||||
| 17 | or fumigate more than half of the individual products contained | ||||||
| 18 | in the package. | ||||||
| 19 | A facility is not subject to the requirements of this | ||||||
| 20 | subsection if the supporting findings of the seal order under | ||||||
| 21 | Section 34 are found to be without merit by a court of | ||||||
| 22 | competent jurisdiction. | ||||||
| 23 | (h) If an entity, or any parent or subsidiary of an entity, | ||||||
| 24 | that owns or operates a facility permitted by the Agency to | ||||||
| 25 | emit ethylene oxide acquires by purchase, license, or any other | ||||||
| 26 | method of acquisition any intellectual property right in a | ||||||
| |||||||
| |||||||
| 1 | sterilization technology that does not involve the use of | ||||||
| 2 | ethylene oxide, or by purchase, merger, or any other method of | ||||||
| 3 | acquisition of any entity that holds an intellectual property | ||||||
| 4 | right in a sterilization technology that does not involve the | ||||||
| 5 | use of ethylene oxide, that entity, parent, or subsidiary shall | ||||||
| 6 | notify the Agency of the acquisition within 30 days of | ||||||
| 7 | acquiring it. If that entity, parent, or subsidiary has not | ||||||
| 8 | used the sterilization technology within 3 years of its | ||||||
| 9 | acquisition, the entity shall notify the Agency within 30 days | ||||||
| 10 | of the 3-year period elapsing. | ||||||
| 11 | An entity, or any parent or subsidiary of an entity, that | ||||||
| 12 | owns or operates a facility permitted by the Agency to emit | ||||||
| 13 | ethylene oxide that has any intellectual property right in any | ||||||
| 14 | sterilization technology that does not involve the use of | ||||||
| 15 | ethylene oxide shall notify the Agency of any offers that it | ||||||
| 16 | makes to license or otherwise allow the technology to be used | ||||||
| 17 | by third parties within 30 days of making the offer. | ||||||
| 18 | An entity, or any parent or subsidiary of an entity, that | ||||||
| 19 | owns or operates a facility permitted by the Agency to emit | ||||||
| 20 | ethylene oxide shall provide the Agency with a list of all U.S. | ||||||
| 21 | patent registrations for sterilization technology that the | ||||||
| 22 | entity, parent, or subsidiary has any property right in. The | ||||||
| 23 | list shall include the following: | ||||||
| 24 | (1) The patent number assigned by the United States | ||||||
| 25 | Patent and Trademark Office for each patent. | ||||||
| 26 | (2) The date each patent was filed. | ||||||
| |||||||
| |||||||
| 1 | (3) The names and addresses of all owners or assignees | ||||||
| 2 | of each patent. | ||||||
| 3 | (4) The names and addresses of all inventors of each | ||||||
| 4 | patent. | ||||||
| 5 | (i) If a CAAPP permit applicant applies to use ethylene | ||||||
| 6 | oxide as a sterilant or fumigant at a facility not in existence | ||||||
| 7 | prior to January 1, 2020, the Agency shall issue a CAAPP permit | ||||||
| 8 | for emission of ethylene oxide only if: | ||||||
| 9 | (1) the nearest school or park is at least 10 miles | ||||||
| 10 | from the permit applicant in counties with populations | ||||||
| 11 | greater than 50,000; | ||||||
| 12 | (2) the nearest school or park is at least 15 miles | ||||||
| 13 | from the permit applicant in counties with populations less | ||||||
| 14 | than or equal to 50,000; and | ||||||
| 15 | (3) within 7 days after the application for a CAAPP | ||||||
| 16 | permit, the permit applicant has published its permit | ||||||
| 17 | request on its website, published notice in a local | ||||||
| 18 | newspaper of general circulation, and provided notice to: | ||||||
| 19 | (A) the State Representative for the | ||||||
| 20 | representative district in which the facility is | ||||||
| 21 | located; | ||||||
| 22 | (B) the State Senator for the legislative district | ||||||
| 23 | in which the facility is located; | ||||||
| 24 | (C) the members of the county board for the county | ||||||
| 25 | in which the facility is located; and | ||||||
| 26 | (D) the local municipal board members and | ||||||
| |||||||
| |||||||
| 1 | executives. | ||||||
| 2 | (j) The owner or operator of an ethylene oxide | ||||||
| 3 | sterilization source must apply for and obtain a construction | ||||||
| 4 | permit from the Agency for any modifications made to the source | ||||||
| 5 | to comply with the requirements of Public Act 101-22 this | ||||||
| 6 | amendatory Act of the 101st General Assembly, including, but | ||||||
| 7 | not limited to, installation of a permanent total enclosure, | ||||||
| 8 | modification of airflow to create negative pressure within the | ||||||
| 9 | source, and addition of one or more control devices. | ||||||
| 10 | Additionally, the owner or operator of the ethylene oxide | ||||||
| 11 | sterilization source must apply for and obtain from the Agency | ||||||
| 12 | a modification of the source's operating permit to incorporate | ||||||
| 13 | such modifications made to the source. Both the construction | ||||||
| 14 | permit and operating permit must include a limit on ethylene | ||||||
| 15 | oxide usage at the source. | ||||||
| 16 | (k) Nothing in this Section shall be interpreted to excuse | ||||||
| 17 | the ethylene oxide sterilization source from complying with any | ||||||
| 18 | applicable local requirements. | ||||||
| 19 | (l) The owner or operator of an ethylene oxide | ||||||
| 20 | sterilization source must notify the Agency within 5 days after | ||||||
| 21 | discovering any deviation from any of the requirements in this | ||||||
| 22 | Section or deviations from any applicable requirements | ||||||
| 23 | concerning ethylene oxide that are set forth in this Act, | ||||||
| 24 | United States Environmental Protection Agency rules, or Board | ||||||
| 25 | rules. As soon as practicable, but no later than 5 business | ||||||
| 26 | days, after the Agency receives such notification, the Agency | ||||||
| |||||||
| |||||||
| 1 | must post a notice on its website and notify the members of the | ||||||
| 2 | General Assembly from the Legislative and Representative | ||||||
| 3 | Districts in which the source in question is located, the | ||||||
| 4 | county board members of the county in which the source in | ||||||
| 5 | question is located, the corporate authorities of the | ||||||
| 6 | municipality in which the source in question is located, and | ||||||
| 7 | the Illinois Department of Public Health. | ||||||
| 8 | (m) The Agency must conduct at least one unannounced | ||||||
| 9 | inspection of all ethylene oxide sterilization sources subject | ||||||
| 10 | to this Section per year. Nothing in this Section shall limit | ||||||
| 11 | the Agency's authority under other provisions of this Act to | ||||||
| 12 | conduct inspections of ethylene oxide sterilization sources. | ||||||
| 13 | (n) The Agency shall conduct air testing to determine the | ||||||
| 14 | ambient levels of ethylene oxide throughout the State. The | ||||||
| 15 | Agency shall, within 180 days after June 21, 2019 (the | ||||||
| 16 | effective date of Public Act 101-22) this amendatory Act of the | ||||||
| 17 | 101st General Assembly, submit rules for ambient air testing of | ||||||
| 18 | ethylene oxide to the Board.
| ||||||
| 19 | (Source: P.A. 101-22, eff. 6-21-19; revised 8-9-19.)
| ||||||
| 20 | (415 ILCS 5/9.17) | ||||||
| 21 | Sec. 9.17 9.16. Nonnegligible ethylene oxide emissions | ||||||
| 22 | sources. | ||||||
| 23 | (a) In this Section, "nonnegligible ethylene oxide | ||||||
| 24 | emissions source" means an ethylene oxide emissions source | ||||||
| 25 | permitted by the Agency that currently emits more than 150 | ||||||
| |||||||
| |||||||
| 1 | pounds of ethylene oxide as reported on the source's 2017 Toxic | ||||||
| 2 | Release Inventory and is located in a county with a population | ||||||
| 3 | of at least 700,000 based on 2010 census data. "Nonnegligible | ||||||
| 4 | ethylene oxide emissions source" does not include facilities | ||||||
| 5 | that are ethylene oxide sterilization sources or hospitals that | ||||||
| 6 | are licensed under the Hospital Licensing Act or operated under | ||||||
| 7 | the University of Illinois Hospital Act. | ||||||
| 8 | (b) Beginning 180 days after June 21, 2019 (the effective | ||||||
| 9 | date of Public Act 101-23) this amendatory Act of the 101st | ||||||
| 10 | General Assembly, no nonnegligible ethylene oxide emissions | ||||||
| 11 | source shall conduct activities that cause ethylene oxide | ||||||
| 12 | emissions unless the owner or operator of the nonnegligible | ||||||
| 13 | ethylene oxide emissions source submits for review and approval | ||||||
| 14 | of the Agency a plan describing how the owner or operator will | ||||||
| 15 | continuously collect emissions information. The plan must | ||||||
| 16 | specify locations at the nonnegligible ethylene oxide | ||||||
| 17 | emissions source from which emissions will be collected and | ||||||
| 18 | identify equipment used for collection and analysis, including | ||||||
| 19 | the individual system components. | ||||||
| 20 | (1) The owner or operator of the nonnegligible ethylene | ||||||
| 21 | oxide emissions source must provide a notice of acceptance | ||||||
| 22 | of any conditions added by the Agency to the plan or | ||||||
| 23 | correct any deficiencies identified by the Agency in the | ||||||
| 24 | plan within 3 business days after receiving the Agency's | ||||||
| 25 | conditional acceptance or denial of the plan. | ||||||
| 26 | (2) Upon the Agency's approval of the plan the owner or | ||||||
| |||||||
| |||||||
| 1 | operator of the nonnegligible ethylene oxide emissions | ||||||
| 2 | source shall implement the plan in accordance with its | ||||||
| 3 | approved terms. | ||||||
| 4 | (c) Beginning 180 days after June 21, 2019 (the effective | ||||||
| 5 | date of Public Act 101-23) this amendatory Act of the 101st | ||||||
| 6 | General Assembly, no nonnegligible ethylene oxide emissions | ||||||
| 7 | source shall conduct activities that cause ethylene oxide | ||||||
| 8 | emissions unless the owner or operator of the nonnegligible | ||||||
| 9 | ethylene oxide emissions source has performed dispersion | ||||||
| 10 | modeling and the Agency approves the dispersion modeling. | ||||||
| 11 | (1) Dispersion modeling must: | ||||||
| 12 | (A) be conducted using accepted United States | ||||||
| 13 | Environmental Protection Agency methodologies, | ||||||
| 14 | including Appendix W to 40 CFR 51, except that no | ||||||
| 15 | background ambient levels of ethylene oxide shall be | ||||||
| 16 | used; | ||||||
| 17 | (B) use emissions and stack parameter data from any | ||||||
| 18 | emissions test conducted and 5 years of hourly | ||||||
| 19 | meteorological data that is representative of the | ||||||
| 20 | nonnegligible ethylene oxide emissions source's | ||||||
| 21 | location; and | ||||||
| 22 | (C) use a receptor grid that extends to at least | ||||||
| 23 | one kilometer around the nonnegligible ethylene oxide | ||||||
| 24 | emissions source and ensures the modeling domain | ||||||
| 25 | includes the area of maximum impact, with receptor | ||||||
| 26 | spacing no greater than every 50 meters starting from | ||||||
| |||||||
| |||||||
| 1 | the building walls of the nonnegligible ethylene oxide | ||||||
| 2 | emissions source extending out to a distance of at | ||||||
| 3 | least 1/2 kilometer, then every 100 meters extending | ||||||
| 4 | out to a distance of at least one kilometer. | ||||||
| 5 | (2) The owner or operator of the nonnegligible ethylene | ||||||
| 6 | oxide emissions source shall submit revised results of all | ||||||
| 7 | modeling if the Agency accepts with conditions or declines | ||||||
| 8 | to accept the results submitted. | ||||||
| 9 | (d) Beginning 180 days after June 21, 2019 (the effective | ||||||
| 10 | date of Public Act 101-23) this amendatory Act of the 101st | ||||||
| 11 | General Assembly, no nonnegligible ethylene oxide emissions | ||||||
| 12 | source shall conduct activities that cause ethylene oxide | ||||||
| 13 | emissions unless the owner or operator of the nonnegligible | ||||||
| 14 | ethylene oxide emissions source obtains a permit consistent | ||||||
| 15 | with the requirements in this Section from the Agency to | ||||||
| 16 | conduct activities that may result in the emission of ethylene | ||||||
| 17 | oxide. | ||||||
| 18 | (e) The Agency in issuing the applicable permits to a | ||||||
| 19 | nonnegligible ethylene oxide emissions source shall: | ||||||
| 20 | (1) impose a site-specific annual cap on ethylene oxide | ||||||
| 21 | emissions set to protect the public health; and | ||||||
| 22 | (2) include permit conditions granting the Agency the | ||||||
| 23 | authority to reopen the permit if the Agency determines | ||||||
| 24 | that the emissions of ethylene oxide from the permitted | ||||||
| 25 | nonnegligible ethylene oxide emissions source pose a risk | ||||||
| 26 | to the public health as defined by the Agency.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-23, eff. 6-21-19; revised 8-9-19.)
| ||||||
| 2 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| ||||||
| 3 | Sec. 21. Prohibited acts. No person shall:
| ||||||
| 4 | (a) Cause or allow the open dumping of any waste.
| ||||||
| 5 | (b) Abandon, dump, or deposit any waste upon the public | ||||||
| 6 | highways or
other public property, except in a sanitary | ||||||
| 7 | landfill approved by the
Agency pursuant to regulations adopted | ||||||
| 8 | by the Board.
| ||||||
| 9 | (c) Abandon any vehicle in violation of the "Abandoned | ||||||
| 10 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | ||||||
| 11 | the 76th General
Assembly.
| ||||||
| 12 | (d) Conduct any waste-storage, waste-treatment, or | ||||||
| 13 | waste-disposal
operation:
| ||||||
| 14 | (1) without a permit granted by the Agency or in | ||||||
| 15 | violation of any
conditions imposed by such permit, | ||||||
| 16 | including periodic reports and full
access to adequate | ||||||
| 17 | records and the inspection of facilities, as may be
| ||||||
| 18 | necessary to assure compliance with this Act and with | ||||||
| 19 | regulations and
standards adopted thereunder; provided, | ||||||
| 20 | however, that, except for municipal
solid waste landfill | ||||||
| 21 | units that receive waste on or after October 9, 1993, and | ||||||
| 22 | CCR surface impoundments,
no permit shall be
required for | ||||||
| 23 | (i) any person conducting a waste-storage, | ||||||
| 24 | waste-treatment, or
waste-disposal operation for wastes | ||||||
| 25 | generated by such person's own
activities which are stored, | ||||||
| |||||||
| |||||||
| 1 | treated, or disposed within the site where
such wastes are | ||||||
| 2 | generated, or (ii)
a facility located in a county with a
| ||||||
| 3 | population over 700,000 as of January 1, 2000, operated and | ||||||
| 4 | located in accordance with
Section 22.38 of this Act, and | ||||||
| 5 | used exclusively for the transfer, storage, or
treatment of | ||||||
| 6 | general construction or demolition debris, provided that | ||||||
| 7 | the facility was receiving construction or demolition | ||||||
| 8 | debris on August 24, 2009 (the effective date of Public Act | ||||||
| 9 | 96-611) this amendatory Act of the 96th General Assembly;
| ||||||
| 10 | (2) in violation of any regulations or standards | ||||||
| 11 | adopted by the
Board under this Act; or
| ||||||
| 12 | (3) which receives waste after August 31, 1988, does | ||||||
| 13 | not have a permit
issued by the Agency, and is (i) a | ||||||
| 14 | landfill used exclusively for the
disposal of waste | ||||||
| 15 | generated at the site, (ii) a surface impoundment
receiving | ||||||
| 16 | special waste not listed in an NPDES permit, (iii) a waste | ||||||
| 17 | pile
in which the total volume of waste is greater than 100 | ||||||
| 18 | cubic yards or the
waste is stored for over one year, or | ||||||
| 19 | (iv) a land treatment facility
receiving special waste | ||||||
| 20 | generated at the site; without giving notice of the
| ||||||
| 21 | operation to the Agency by January 1, 1989, or 30 days | ||||||
| 22 | after the date on
which the operation commences, whichever | ||||||
| 23 | is later, and every 3 years
thereafter. The form for such | ||||||
| 24 | notification shall be specified by the
Agency, and shall be | ||||||
| 25 | limited to information regarding: the name and address
of | ||||||
| 26 | the location of the operation; the type of operation; the | ||||||
| |||||||
| |||||||
| 1 | types and
amounts of waste stored, treated or disposed of | ||||||
| 2 | on an annual basis; the
remaining capacity of the | ||||||
| 3 | operation; and the remaining expected life of
the | ||||||
| 4 | operation.
| ||||||
| 5 | Item (3) of this subsection (d) shall not apply to any | ||||||
| 6 | person
engaged in agricultural activity who is disposing of a | ||||||
| 7 | substance that
constitutes solid waste, if the substance was | ||||||
| 8 | acquired for use by that
person on his own property, and the | ||||||
| 9 | substance is disposed of on his own
property in accordance with | ||||||
| 10 | regulations or standards adopted by the Board.
| ||||||
| 11 | This subsection (d) shall not apply to hazardous waste.
| ||||||
| 12 | (e) Dispose, treat, store or abandon any waste, or | ||||||
| 13 | transport any waste
into this State for disposal, treatment, | ||||||
| 14 | storage or abandonment, except at
a site or facility which | ||||||
| 15 | meets the requirements of this Act and of
regulations and | ||||||
| 16 | standards thereunder.
| ||||||
| 17 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
| 18 | waste-treatment or
hazardous waste-disposal operation:
| ||||||
| 19 | (1) without a RCRA permit for the site issued by the | ||||||
| 20 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
| 21 | in violation of any condition
imposed by such permit, | ||||||
| 22 | including periodic reports and full access to
adequate | ||||||
| 23 | records and the inspection of facilities, as may be | ||||||
| 24 | necessary to
assure compliance with this Act and with | ||||||
| 25 | regulations and standards adopted
thereunder; or
| ||||||
| 26 | (2) in violation of any regulations or standards | ||||||
| |||||||
| |||||||
| 1 | adopted by the Board
under this Act; or
| ||||||
| 2 | (3) in violation of any RCRA permit filing requirement | ||||||
| 3 | established under
standards adopted by the Board under this | ||||||
| 4 | Act; or
| ||||||
| 5 | (4) in violation of any order adopted by the Board | ||||||
| 6 | under this Act.
| ||||||
| 7 | Notwithstanding the above, no RCRA permit shall be required | ||||||
| 8 | under this
subsection or subsection (d) of Section 39 of this | ||||||
| 9 | Act for any
person engaged in agricultural activity who is | ||||||
| 10 | disposing of a substance
which has been identified as a | ||||||
| 11 | hazardous waste, and which has been
designated by Board | ||||||
| 12 | regulations as being subject to this exception, if the
| ||||||
| 13 | substance was acquired for use by that person on his own | ||||||
| 14 | property and the
substance is disposed of on his own property | ||||||
| 15 | in accordance with regulations
or standards adopted by the | ||||||
| 16 | Board.
| ||||||
| 17 | (g) Conduct any hazardous waste-transportation operation:
| ||||||
| 18 | (1) without registering with and obtaining a special | ||||||
| 19 | waste hauling permit from the Agency in
accordance with the | ||||||
| 20 | regulations adopted by the Board under this Act; or
| ||||||
| 21 | (2) in violation of any regulations or standards | ||||||
| 22 | adopted by
the
Board under this Act.
| ||||||
| 23 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
| 24 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
| 25 | violation of any regulations, standards
or permit requirements | ||||||
| 26 | adopted by the Board under this Act.
| ||||||
| |||||||
| |||||||
| 1 | (i) Conduct any process or engage in any act which produces | ||||||
| 2 | hazardous
waste in violation of any regulations or standards | ||||||
| 3 | adopted by the Board
under subsections (a) and (c) of Section | ||||||
| 4 | 22.4 of this Act.
| ||||||
| 5 | (j) Conduct any special waste-transportation waste | ||||||
| 6 | transportation operation in violation
of any regulations, | ||||||
| 7 | standards or permit requirements adopted by the Board
under | ||||||
| 8 | this Act. However, sludge from a water or sewage treatment | ||||||
| 9 | plant
owned and operated by a unit of local government which | ||||||
| 10 | (1) is subject to a
sludge management plan approved by the | ||||||
| 11 | Agency or a permit granted by the
Agency, and (2) has been | ||||||
| 12 | tested and determined not to be a hazardous waste
as required | ||||||
| 13 | by applicable State and federal laws and regulations, may be
| ||||||
| 14 | transported in this State without a special waste hauling | ||||||
| 15 | permit, and the
preparation and carrying of a manifest shall | ||||||
| 16 | not be required for such
sludge under the rules of the | ||||||
| 17 | Pollution Control Board. The unit of local
government which | ||||||
| 18 | operates the treatment plant producing such sludge shall
file | ||||||
| 19 | an annual report with the Agency identifying the volume of such
| ||||||
| 20 | sludge transported during the reporting period, the hauler of | ||||||
| 21 | the sludge,
and the disposal sites to which it was transported. | ||||||
| 22 | This subsection (j)
shall not apply to hazardous waste.
| ||||||
| 23 | (k) Fail or refuse to pay any fee imposed under this Act.
| ||||||
| 24 | (l) Locate a hazardous waste disposal site above an active | ||||||
| 25 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
| 26 | active fault in
the earth's crust. In counties of population | ||||||
| |||||||
| |||||||
| 1 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
| 2 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
| 3 | defined on June 30, 1978, of any municipality
without the | ||||||
| 4 | approval of the governing body of the municipality in an
| ||||||
| 5 | official action; or (2) within 1000 feet of an existing private | ||||||
| 6 | well or
the existing source of a public water supply measured | ||||||
| 7 | from the boundary
of the actual active permitted site and | ||||||
| 8 | excluding existing private wells
on the property of the permit | ||||||
| 9 | applicant. The provisions of this
subsection do not apply to | ||||||
| 10 | publicly owned publicly-owned sewage works or the disposal
or | ||||||
| 11 | utilization of sludge from publicly owned publicly-owned | ||||||
| 12 | sewage works.
| ||||||
| 13 | (m) Transfer interest in any land which has been used as a
| ||||||
| 14 | hazardous waste disposal site without written notification to | ||||||
| 15 | the Agency
of the transfer and to the transferee of the | ||||||
| 16 | conditions imposed by the Agency
upon its use under subsection | ||||||
| 17 | (g) of Section 39.
| ||||||
| 18 | (n) Use any land which has been used as a hazardous waste
| ||||||
| 19 | disposal site except in compliance with conditions imposed by | ||||||
| 20 | the Agency
under subsection (g) of Section 39.
| ||||||
| 21 | (o) Conduct a sanitary landfill operation which is required | ||||||
| 22 | to have a
permit under subsection (d) of this Section, in a | ||||||
| 23 | manner which results in
any of the following conditions:
| ||||||
| 24 | (1) refuse in standing or flowing waters;
| ||||||
| 25 | (2) leachate flows entering waters of the State;
| ||||||
| 26 | (3) leachate flows exiting the landfill confines (as | ||||||
| |||||||
| |||||||
| 1 | determined by the
boundaries established for the landfill | ||||||
| 2 | by a permit issued by the Agency);
| ||||||
| 3 | (4) open burning of refuse in violation of Section 9 of | ||||||
| 4 | this Act;
| ||||||
| 5 | (5) uncovered refuse remaining from any previous | ||||||
| 6 | operating day or at the
conclusion of any operating day, | ||||||
| 7 | unless authorized by permit;
| ||||||
| 8 | (6) failure to provide final cover within time limits | ||||||
| 9 | established by
Board regulations;
| ||||||
| 10 | (7) acceptance of wastes without necessary permits;
| ||||||
| 11 | (8) scavenging as defined by Board regulations;
| ||||||
| 12 | (9) deposition of refuse in any unpermitted portion of | ||||||
| 13 | the landfill;
| ||||||
| 14 | (10) acceptance of a special waste without a required | ||||||
| 15 | manifest;
| ||||||
| 16 | (11) failure to submit reports required by permits or | ||||||
| 17 | Board regulations;
| ||||||
| 18 | (12) failure to collect and contain litter from the | ||||||
| 19 | site by the end of
each operating day;
| ||||||
| 20 | (13) failure to submit any cost estimate for the site | ||||||
| 21 | or any performance
bond or other security for the site as | ||||||
| 22 | required by this Act or Board rules.
| ||||||
| 23 | The prohibitions specified in this subsection (o) shall be | ||||||
| 24 | enforceable by
the Agency either by administrative citation | ||||||
| 25 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
| 26 | Act. The specific prohibitions in this
subsection do not limit | ||||||
| |||||||
| |||||||
| 1 | the power of the Board to establish regulations
or standards | ||||||
| 2 | applicable to sanitary landfills.
| ||||||
| 3 | (p) In violation of subdivision (a) of this Section, cause | ||||||
| 4 | or allow the
open dumping of any waste in a manner which | ||||||
| 5 | results in any of the following
occurrences at the dump site:
| ||||||
| 6 | (1) litter;
| ||||||
| 7 | (2) scavenging;
| ||||||
| 8 | (3) open burning;
| ||||||
| 9 | (4) deposition of waste in standing or flowing waters;
| ||||||
| 10 | (5) proliferation of disease vectors;
| ||||||
| 11 | (6) standing or flowing liquid discharge from the dump | ||||||
| 12 | site;
| ||||||
| 13 | (7) deposition of:
| ||||||
| 14 | (i) general construction or demolition debris as | ||||||
| 15 | defined in Section
3.160(a) of this Act; or
| ||||||
| 16 | (ii) clean construction or demolition debris as | ||||||
| 17 | defined in Section
3.160(b) of this Act.
| ||||||
| 18 | The prohibitions specified in this subsection (p) shall be
| ||||||
| 19 | enforceable by the Agency either by administrative citation | ||||||
| 20 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
| 21 | Act. The specific
prohibitions in this subsection do not limit | ||||||
| 22 | the power of the Board to
establish regulations or standards | ||||||
| 23 | applicable to open dumping.
| ||||||
| 24 | (q) Conduct a landscape waste composting operation without | ||||||
| 25 | an Agency
permit, provided, however, that no permit shall be | ||||||
| 26 | required for any person:
| ||||||
| |||||||
| |||||||
| 1 | (1) conducting a landscape waste composting operation | ||||||
| 2 | for landscape
wastes generated by such person's own | ||||||
| 3 | activities which are stored, treated,
or disposed of within | ||||||
| 4 | the site where such wastes are generated; or
| ||||||
| 5 | (1.5) conducting a landscape waste composting | ||||||
| 6 | operation that (i) has no more than 25 cubic yards of | ||||||
| 7 | landscape waste, composting additives, composting | ||||||
| 8 | material, or end-product compost on-site at any one time | ||||||
| 9 | and (ii) is not engaging in commercial activity; or | ||||||
| 10 | (2) applying landscape waste or composted landscape | ||||||
| 11 | waste at agronomic
rates; or
| ||||||
| 12 | (2.5) operating a landscape waste composting facility | ||||||
| 13 | at a site having 10 or more occupied non-farm residences | ||||||
| 14 | within 1/2 mile of its boundaries, if the facility meets | ||||||
| 15 | all of the following criteria: | ||||||
| 16 | (A) the composting facility is operated by the | ||||||
| 17 | farmer on property on which the composting material is | ||||||
| 18 | utilized, and the composting facility
constitutes no | ||||||
| 19 | more than 2% of the site's total acreage; | ||||||
| 20 | (A-5) any composting additives that the composting | ||||||
| 21 | facility accepts and uses at the facility are necessary | ||||||
| 22 | to provide proper conditions for composting and do not | ||||||
| 23 | exceed 10% of the total composting material at the | ||||||
| 24 | facility at any one time; | ||||||
| 25 | (B) the property on which the composting facility | ||||||
| 26 | is located, and any associated property on which the | ||||||
| |||||||
| |||||||
| 1 | compost is used, is principally and diligently devoted | ||||||
| 2 | to the production of agricultural crops and is not | ||||||
| 3 | owned, leased, or otherwise controlled by any waste | ||||||
| 4 | hauler or generator of nonagricultural compost | ||||||
| 5 | materials, and the operator of the composting facility | ||||||
| 6 | is not an employee, partner, shareholder, or in any way | ||||||
| 7 | connected with or controlled by any such waste hauler | ||||||
| 8 | or generator; | ||||||
| 9 | (C) all compost generated by the composting | ||||||
| 10 | facility is applied at agronomic rates and used as | ||||||
| 11 | mulch, fertilizer, or soil conditioner on land | ||||||
| 12 | actually farmed by the person operating the composting | ||||||
| 13 | facility, and the finished compost is not stored at the | ||||||
| 14 | composting site for a period longer than 18 months | ||||||
| 15 | prior to its application as mulch, fertilizer, or soil | ||||||
| 16 | conditioner; | ||||||
| 17 | (D) no fee is charged for the acceptance of | ||||||
| 18 | materials to be composted at the facility; and | ||||||
| 19 | (E) the owner or operator, by January 1, 2014 (or | ||||||
| 20 | the January 1
following commencement of operation, | ||||||
| 21 | whichever is later) and January 1 of
each year | ||||||
| 22 | thereafter, registers the site with the Agency, (ii) | ||||||
| 23 | reports to the Agency on the volume of composting | ||||||
| 24 | material received and used at the site; (iii) certifies | ||||||
| 25 | to the Agency that the site complies with the
| ||||||
| 26 | requirements set forth in subparagraphs (A), (A-5), | ||||||
| |||||||
| |||||||
| 1 | (B), (C), and (D) of this paragraph
(2.5); and (iv) | ||||||
| 2 | certifies to the Agency that all composting material | ||||||
| 3 | was placed more than 200 feet from the nearest potable | ||||||
| 4 | water supply well, was placed outside the boundary of | ||||||
| 5 | the 10-year floodplain or on a part of the site that is | ||||||
| 6 | floodproofed, was placed at least 1/4 mile from the | ||||||
| 7 | nearest residence (other than a residence located on | ||||||
| 8 | the same property as the facility) or a lesser distance | ||||||
| 9 | from the nearest residence (other than a residence | ||||||
| 10 | located on the same property as the facility) if the | ||||||
| 11 | municipality in which the facility is located has by | ||||||
| 12 | ordinance approved a lesser distance than 1/4 mile, and | ||||||
| 13 | was placed more than 5 feet above the water table; any | ||||||
| 14 | ordinance approving a residential setback of less than | ||||||
| 15 | 1/4 mile that is used to meet the requirements of this | ||||||
| 16 | subparagraph (E) of paragraph (2.5) of this subsection | ||||||
| 17 | must specifically reference this paragraph; or | ||||||
| 18 | (3) operating a landscape waste composting facility on | ||||||
| 19 | a farm, if the
facility meets all of the following | ||||||
| 20 | criteria:
| ||||||
| 21 | (A) the composting facility is operated by the | ||||||
| 22 | farmer on property on
which the composting material is | ||||||
| 23 | utilized, and the composting facility
constitutes no | ||||||
| 24 | more than 2% of the property's total acreage, except | ||||||
| 25 | that
the Board may allow a higher percentage for | ||||||
| 26 | individual sites where the owner
or operator has | ||||||
| |||||||
| |||||||
| 1 | demonstrated to the Board that the site's soil
| ||||||
| 2 | characteristics or crop needs require a higher rate;
| ||||||
| 3 | (A-1) the composting facility accepts from other | ||||||
| 4 | agricultural operations for composting with landscape | ||||||
| 5 | waste no materials other than uncontaminated and | ||||||
| 6 | source-separated (i) crop residue and other | ||||||
| 7 | agricultural plant residue generated from the | ||||||
| 8 | production and harvesting of crops and other customary | ||||||
| 9 | farm practices, including, but not limited to, stalks, | ||||||
| 10 | leaves, seed pods, husks, bagasse, and roots and (ii) | ||||||
| 11 | plant-derived animal bedding, such as straw or | ||||||
| 12 | sawdust, that is free of manure and was not made from | ||||||
| 13 | painted or treated wood; | ||||||
| 14 | (A-2) any composting additives that the composting | ||||||
| 15 | facility accepts and uses at the facility are necessary | ||||||
| 16 | to provide proper conditions for composting and do not | ||||||
| 17 | exceed 10% of the total composting material at the | ||||||
| 18 | facility at any one time; | ||||||
| 19 | (B) the property on which the composting facility | ||||||
| 20 | is located, and any
associated property on which the | ||||||
| 21 | compost is used, is principally and
diligently devoted | ||||||
| 22 | to the production of agricultural crops and
is not | ||||||
| 23 | owned, leased or otherwise controlled by any waste | ||||||
| 24 | hauler
or generator of nonagricultural compost | ||||||
| 25 | materials, and the operator of the
composting facility | ||||||
| 26 | is not an employee, partner, shareholder, or in any way
| ||||||
| |||||||
| |||||||
| 1 | connected with or controlled by any such waste hauler | ||||||
| 2 | or generator;
| ||||||
| 3 | (C) all compost generated by the composting | ||||||
| 4 | facility is applied at
agronomic rates and used as | ||||||
| 5 | mulch, fertilizer or soil conditioner on land
actually | ||||||
| 6 | farmed by the person operating the composting | ||||||
| 7 | facility, and the
finished compost is not stored at the | ||||||
| 8 | composting site for a period longer
than 18 months | ||||||
| 9 | prior to its application as mulch, fertilizer, or soil | ||||||
| 10 | conditioner;
| ||||||
| 11 | (D) the owner or operator, by January 1 of
each | ||||||
| 12 | year, (i) registers the site with the Agency, (ii) | ||||||
| 13 | reports
to the Agency on the volume of composting | ||||||
| 14 | material received and used at the
site, (iii) certifies | ||||||
| 15 | to the Agency that the site complies with the
| ||||||
| 16 | requirements set forth in subparagraphs (A), (A-1), | ||||||
| 17 | (A-2), (B), and (C) of this paragraph
(q)(3), and (iv) | ||||||
| 18 | certifies to the Agency that all composting material: | ||||||
| 19 | (I) was
placed more than 200 feet from the | ||||||
| 20 | nearest potable water supply well; | ||||||
| 21 | (II) was
placed outside the boundary of the | ||||||
| 22 | 10-year floodplain or on a part of the
site that is | ||||||
| 23 | floodproofed; | ||||||
| 24 | (III) was placed either (aa) at least 1/4 mile | ||||||
| 25 | from the nearest
residence (other than a residence | ||||||
| 26 | located on the same property as the
facility) and | ||||||
| |||||||
| |||||||
| 1 | there are not more than 10 occupied non-farm | ||||||
| 2 | residences
within 1/2 mile of the boundaries of the | ||||||
| 3 | site on the date of application or (bb) a lesser | ||||||
| 4 | distance from the nearest residence (other than a | ||||||
| 5 | residence located on the same property as the | ||||||
| 6 | facility) provided that the municipality or county | ||||||
| 7 | in which the facility is located has by ordinance | ||||||
| 8 | approved a lesser distance than 1/4 mile and there | ||||||
| 9 | are not more than 10 occupied non-farm residences
| ||||||
| 10 | within 1/2 mile of the boundaries of the site on | ||||||
| 11 | the date of application;
and | ||||||
| 12 | (IV) was placed more than 5 feet above the | ||||||
| 13 | water table. | ||||||
| 14 | Any ordinance approving a residential setback of | ||||||
| 15 | less than 1/4 mile that is used to meet the | ||||||
| 16 | requirements of this subparagraph (D) must | ||||||
| 17 | specifically reference this subparagraph.
| ||||||
| 18 | For the purposes of this subsection (q), "agronomic rates" | ||||||
| 19 | means the
application of not more than 20 tons per acre per | ||||||
| 20 | year, except that the
Board may allow a higher rate for | ||||||
| 21 | individual sites where the owner or
operator has demonstrated | ||||||
| 22 | to the Board that the site's soil
characteristics or crop needs | ||||||
| 23 | require a higher rate.
| ||||||
| 24 | (r) Cause or allow the storage or disposal of coal | ||||||
| 25 | combustion
waste unless:
| ||||||
| 26 | (1) such waste is stored or disposed of at a site or
| ||||||
| |||||||
| |||||||
| 1 | facility for which
a permit has been obtained or is not | ||||||
| 2 | otherwise required under subsection
(d) of this Section; or
| ||||||
| 3 | (2) such waste is stored or disposed of as a part of
| ||||||
| 4 | the design and
reclamation of a site or facility which is | ||||||
| 5 | an abandoned mine site in
accordance with the Abandoned | ||||||
| 6 | Mined Lands and Water Reclamation Act; or
| ||||||
| 7 | (3) such waste is stored or disposed of at a site or
| ||||||
| 8 | facility which is
operating under NPDES and Subtitle D | ||||||
| 9 | permits issued by the Agency pursuant
to regulations | ||||||
| 10 | adopted by the Board for mine-related water pollution and
| ||||||
| 11 | permits issued pursuant to the federal Federal Surface | ||||||
| 12 | Mining Control and
Reclamation Act of 1977 (P.L. 95-87) or | ||||||
| 13 | the rules and regulations
thereunder or any law or rule or | ||||||
| 14 | regulation adopted by the State of
Illinois pursuant | ||||||
| 15 | thereto, and the owner or operator of the facility agrees
| ||||||
| 16 | to accept the waste; and either:
| ||||||
| 17 | (i) such waste is stored or disposed of in | ||||||
| 18 | accordance
with requirements
applicable to refuse | ||||||
| 19 | disposal under regulations adopted by the Board for
| ||||||
| 20 | mine-related water pollution and pursuant to NPDES and | ||||||
| 21 | Subtitle D permits
issued by the Agency under such | ||||||
| 22 | regulations; or
| ||||||
| 23 | (ii) the owner or operator of the facility | ||||||
| 24 | demonstrates all of the
following to the Agency, and | ||||||
| 25 | the facility is operated in accordance with
the | ||||||
| 26 | demonstration as approved by the Agency: (1) the | ||||||
| |||||||
| |||||||
| 1 | disposal area will be
covered in a manner that will | ||||||
| 2 | support continuous vegetation, (2) the
facility will | ||||||
| 3 | be adequately protected from wind and water erosion, | ||||||
| 4 | (3) the
pH will be maintained so as to prevent | ||||||
| 5 | excessive leaching of metal ions,
and (4) adequate | ||||||
| 6 | containment or other measures will be provided to | ||||||
| 7 | protect
surface water and groundwater from | ||||||
| 8 | contamination at levels prohibited by
this Act, the | ||||||
| 9 | Illinois Groundwater Protection Act, or regulations | ||||||
| 10 | adopted
pursuant thereto.
| ||||||
| 11 | Notwithstanding any other provision of this Title, the | ||||||
| 12 | disposal of coal
combustion waste pursuant to item (2) or (3) | ||||||
| 13 | of this
subdivision (r) shall
be exempt from the other | ||||||
| 14 | provisions of this Title V, and notwithstanding
the provisions | ||||||
| 15 | of Title X of this Act, the Agency is authorized to grant
| ||||||
| 16 | experimental permits which include provision for the disposal | ||||||
| 17 | of
wastes from the combustion of coal and other materials | ||||||
| 18 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
| 19 | (s) After April 1, 1989, offer for transportation, | ||||||
| 20 | transport, deliver,
receive or accept special waste for which a | ||||||
| 21 | manifest is required, unless
the manifest indicates that the | ||||||
| 22 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
| 23 | (t) Cause or allow a lateral expansion of a municipal solid | ||||||
| 24 | waste landfill
unit on or after October 9, 1993, without a | ||||||
| 25 | permit modification, granted by the
Agency, that authorizes the | ||||||
| 26 | lateral expansion.
| ||||||
| |||||||
| |||||||
| 1 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
| 2 | disposal or
transportation operation in violation of any | ||||||
| 3 | regulation, standards or permit
requirements adopted by the | ||||||
| 4 | Board under this Act. However, no permit shall be
required | ||||||
| 5 | under this Title V for the land application of vegetable | ||||||
| 6 | by-products
conducted pursuant to Agency permit issued under | ||||||
| 7 | Title III of this Act to
the generator of the vegetable | ||||||
| 8 | by-products. In addition, vegetable by-products
may be | ||||||
| 9 | transported in this State without a special waste hauling | ||||||
| 10 | permit, and
without the preparation and carrying of a manifest.
| ||||||
| 11 | (v) (Blank).
| ||||||
| 12 | (w) Conduct any generation, transportation, or recycling | ||||||
| 13 | of construction or
demolition debris, clean or general, or | ||||||
| 14 | uncontaminated soil generated during
construction, remodeling, | ||||||
| 15 | repair, and demolition of utilities, structures, and
roads that | ||||||
| 16 | is not commingled with any waste, without the maintenance of
| ||||||
| 17 | documentation identifying the hauler, generator, place of | ||||||
| 18 | origin of the debris
or soil, the weight or volume of the | ||||||
| 19 | debris or soil, and the location, owner,
and operator of the | ||||||
| 20 | facility where the debris or soil was transferred,
disposed, | ||||||
| 21 | recycled, or treated. This documentation must be maintained by | ||||||
| 22 | the
generator, transporter, or recycler for 3 years.
This | ||||||
| 23 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
| 24 | control
facility that transfers or accepts construction or | ||||||
| 25 | demolition debris,
clean or general, or uncontaminated soil for | ||||||
| 26 | final disposal, recycling, or
treatment, (2) a public utility | ||||||
| |||||||
| |||||||
| 1 | (as that term is defined in the Public
Utilities Act) or a | ||||||
| 2 | municipal utility, (3) the Illinois Department of
| ||||||
| 3 | Transportation, or (4) a municipality or a county highway | ||||||
| 4 | department, with
the exception of any municipality or county | ||||||
| 5 | highway department located within a
county having a population | ||||||
| 6 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
| 7 | contiguous to a county having a population of over 3,000,000 | ||||||
| 8 | inhabitants;
but it shall apply to an entity that contracts | ||||||
| 9 | with a public utility, a
municipal utility, the Illinois | ||||||
| 10 | Department of Transportation, or a
municipality or a county | ||||||
| 11 | highway department.
The terms
"generation" and "recycling", as
| ||||||
| 12 | used in this subsection, do not
apply to clean construction or | ||||||
| 13 | demolition debris
when (i) used as fill material below grade | ||||||
| 14 | outside of a setback zone
if covered by sufficient | ||||||
| 15 | uncontaminated soil to support vegetation within 30
days of the | ||||||
| 16 | completion of filling or if covered by a road or structure, | ||||||
| 17 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
| 18 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
| 19 | concrete is used as aggregate in construction of the
shoulder | ||||||
| 20 | of a roadway. The terms "generation" and "recycling", as used | ||||||
| 21 | in this
subsection, do not apply to uncontaminated soil
that is | ||||||
| 22 | not commingled with any waste when (i) used as fill material | ||||||
| 23 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
| 24 | generation.
| ||||||
| 25 | (Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19; | ||||||
| 26 | revised 9-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | (415 ILCS 5/21.7) | ||||||
| 2 | Sec. 21.7. Landfills. | ||||||
| 3 | (a) The purpose of this Section is to enact legislative | ||||||
| 4 | recommendations provided by the Mahomet Aquifer Protection | ||||||
| 5 | Task Force, established under Public Act 100-403. The Task | ||||||
| 6 | Force identified capped but unregulated or underregulated | ||||||
| 7 | landfills that overlie the Mahomet Aquifer as potentially | ||||||
| 8 | hazardous to valuable groundwater resources. These unregulated | ||||||
| 9 | or underregulated landfills generally began accepting waste | ||||||
| 10 | for disposal sometime prior to 1973. | ||||||
| 11 | (b) The Agency shall prioritize unregulated or | ||||||
| 12 | underregulated landfills that overlie the Mahomet Aquifer for | ||||||
| 13 | inspection. The following factors shall be considered: | ||||||
| 14 | (1) the presence of, and depth to, any aquifer with | ||||||
| 15 | potential potable use; | ||||||
| 16 | (2) whether the landfill has an engineered liner | ||||||
| 17 | system; | ||||||
| 18 | (3) whether the landfill has an active groundwater | ||||||
| 19 | monitoring system; | ||||||
| 20 | (4) whether waste disposal occurred within the | ||||||
| 21 | 100-year floodplain; and | ||||||
| 22 | (5) landfills within the setback zone of any potable | ||||||
| 23 | water supply well. | ||||||
| 24 | (c) Subject to appropriation, the Agency shall use existing | ||||||
| 25 | information available from State and federal agencies, such as | ||||||
| |||||||
| |||||||
| 1 | the Prairie Research Institute, the Department of Natural | ||||||
| 2 | Resources, the Illinois Emergency Management Agency, the | ||||||
| 3 | Federal Emergency Management Agency, and the Natural Resources | ||||||
| 4 | Conservation Service, to identify unknown, unregulated, or | ||||||
| 5 | underregulated waste disposal sites that overlie the Mahomet | ||||||
| 6 | Aquifer that may pose a threat to surface water or groundwater | ||||||
| 7 | resources. | ||||||
| 8 | (d) Subject to appropriation, for those landfills | ||||||
| 9 | prioritized for response action following inspection and | ||||||
| 10 | investigation, the Agency shall use its own data, along with | ||||||
| 11 | data from municipalities, counties, solid waste management | ||||||
| 12 | associations, companies, corporations, and individuals, to | ||||||
| 13 | archive information about the landfills, including their | ||||||
| 14 | ownership, operational details, and waste disposal history.
| ||||||
| 15 | (Source: P.A. 101-573, eff. 1-1-20; revised 12-9-19.)
| ||||||
| 16 | (415 ILCS 5/22.23d) | ||||||
| 17 | Sec. 22.23d. Rechargeable batteries. | ||||||
| 18 | (a) "Rechargeable battery" means one or more voltaic or | ||||||
| 19 | galvanic cells, electrically connected to produce electric | ||||||
| 20 | energy, that are is designed to be recharged for repeated uses. | ||||||
| 21 | "Rechargeable battery" includes, but is not limited to, a | ||||||
| 22 | battery containing lithium ion, lithium metal, or lithium | ||||||
| 23 | polymer or that uses lithium as an anode or cathode, that is | ||||||
| 24 | designed to be recharged for repeated uses. "Rechargeable | ||||||
| 25 | battery" does not mean either of the following: | ||||||
| |||||||
| |||||||
| 1 | (1) Any dry cell battery that is used as the principal | ||||||
| 2 | power source for transportation, including, but not | ||||||
| 3 | limited to, automobiles, motorcycles, or boats. | ||||||
| 4 | (2) Any battery that is used only as a backup power | ||||||
| 5 | source for memory or program instruction storage, | ||||||
| 6 | timekeeping, or any similar purpose that requires | ||||||
| 7 | uninterrupted electrical power in order to function if the | ||||||
| 8 | primary energy supply fails or fluctuates momentarily. | ||||||
| 9 | (b) Unless expressly authorized by a recycling collection | ||||||
| 10 | program, beginning January 1, 2020, no person shall knowingly | ||||||
| 11 | mix a rechargeable battery or any appliance, device, or other | ||||||
| 12 | item that contains a rechargeable battery with any other | ||||||
| 13 | material intended for collection by a hauler as a recyclable | ||||||
| 14 | material. | ||||||
| 15 | Unless expressly authorized by a recycling collection | ||||||
| 16 | program, beginning January 1, 2020, no person shall knowingly | ||||||
| 17 | place a rechargeable battery or any appliance, device, or other | ||||||
| 18 | item that contains a rechargeable battery into a container | ||||||
| 19 | intended for collection by a hauler for processing at a | ||||||
| 20 | recycling center. | ||||||
| 21 | (c) The Agency shall include on its website information | ||||||
| 22 | regarding the recycling of rechargeable batteries.
| ||||||
| 23 | (Source: P.A. 101-137, eff. 7-26-19; revised 9-12-19.)
| ||||||
| 24 | (415 ILCS 5/22.59) | ||||||
| 25 | Sec. 22.59. CCR surface impoundments. | ||||||
| |||||||
| |||||||
| 1 | (a) The General Assembly finds that: | ||||||
| 2 | (1) the State of Illinois has a long-standing policy to | ||||||
| 3 | restore, protect, and enhance the environment, including | ||||||
| 4 | the purity of the air, land, and waters, including | ||||||
| 5 | groundwaters, of this State; | ||||||
| 6 | (2) a clean environment is essential to the growth and | ||||||
| 7 | well-being of this State; | ||||||
| 8 | (3) CCR generated by the electric generating industry | ||||||
| 9 | has caused groundwater contamination and other forms of | ||||||
| 10 | pollution at active and inactive plants throughout this | ||||||
| 11 | State; | ||||||
| 12 | (4) environmental laws should be supplemented to | ||||||
| 13 | ensure consistent, responsible regulation of all existing | ||||||
| 14 | CCR surface impoundments; and | ||||||
| 15 | (5) meaningful participation of State residents, | ||||||
| 16 | especially vulnerable populations who may be affected by | ||||||
| 17 | regulatory actions, is critical to ensure that | ||||||
| 18 | environmental justice considerations are incorporated in | ||||||
| 19 | the development of, decision-making related to, and | ||||||
| 20 | implementation of environmental laws and rulemaking that | ||||||
| 21 | protects and improves the well-being of communities in this | ||||||
| 22 | State that bear disproportionate burdens imposed by | ||||||
| 23 | environmental pollution. | ||||||
| 24 | Therefore, the purpose of this Section is to promote a | ||||||
| 25 | healthful environment, including clean water, air, and land, | ||||||
| 26 | meaningful public involvement, and the responsible disposal | ||||||
| |||||||
| |||||||
| 1 | and storage of coal combustion residuals, so as to protect | ||||||
| 2 | public health and to prevent pollution of the environment of | ||||||
| 3 | this State. | ||||||
| 4 | The provisions of this Section shall be liberally construed | ||||||
| 5 | to carry out the purposes of this Section. | ||||||
| 6 | (b) No person shall: | ||||||
| 7 | (1) cause or allow the discharge of any contaminants | ||||||
| 8 | from a CCR surface impoundment into the environment so as | ||||||
| 9 | to cause, directly or indirectly, a violation of this | ||||||
| 10 | Section or any regulations or standards adopted by the | ||||||
| 11 | Board under this Section, either alone or in combination | ||||||
| 12 | with contaminants from other sources; | ||||||
| 13 | (2) construct, install, modify, operate, or close any | ||||||
| 14 | CCR surface impoundment without a permit granted by the | ||||||
| 15 | Agency, or so as to violate any conditions imposed by such | ||||||
| 16 | permit, any provision of this Section or any regulations or | ||||||
| 17 | standards adopted by the Board under this Section; or | ||||||
| 18 | (3) cause or allow, directly or indirectly, the | ||||||
| 19 | discharge, deposit, injection, dumping, spilling, leaking, | ||||||
| 20 | or placing of any CCR upon the land in a place and manner | ||||||
| 21 | so as to cause or tend to cause a violation this Section or | ||||||
| 22 | any regulations or standards adopted by the Board under | ||||||
| 23 | this Section. | ||||||
| 24 | (c) For purposes of this Section, a permit issued by the | ||||||
| 25 | Administrator of the United States Environmental Protection | ||||||
| 26 | Agency under Section 4005 of the federal Resource Conservation | ||||||
| |||||||
| |||||||
| 1 | and Recovery Act, shall be deemed to be a permit under this | ||||||
| 2 | Section and subsection (y) of Section 39. | ||||||
| 3 | (d) Before commencing closure of a CCR surface impoundment, | ||||||
| 4 | in accordance with Board rules, the owner of a CCR surface | ||||||
| 5 | impoundment must submit to the Agency for approval a closure | ||||||
| 6 | alternatives analysis that analyzes all closure methods being | ||||||
| 7 | considered and that otherwise satisfies all closure | ||||||
| 8 | requirements adopted by the Board under this Act. Complete | ||||||
| 9 | removal of CCR, as specified by the Board's rules, from the CCR | ||||||
| 10 | surface impoundment must be considered and analyzed. Section | ||||||
| 11 | 3.405 does not apply to the Board's rules specifying complete | ||||||
| 12 | removal of CCR. The selected closure method must ensure | ||||||
| 13 | compliance with regulations adopted by the Board pursuant to | ||||||
| 14 | this Section. | ||||||
| 15 | (e) Owners or operators of CCR surface impoundments who | ||||||
| 16 | have submitted a closure plan to the Agency before May 1, 2019, | ||||||
| 17 | and who have completed closure prior to 24 months after July | ||||||
| 18 | 30, 2019 (the effective date of Public Act 101-171) this | ||||||
| 19 | amendatory Act of the 101st General Assembly shall not be | ||||||
| 20 | required to obtain a construction permit for the surface | ||||||
| 21 | impoundment closure under this Section. | ||||||
| 22 | (f) Except for the State, its agencies and institutions, a | ||||||
| 23 | unit of local government, or not-for-profit electric | ||||||
| 24 | cooperative as defined in Section 3.4 of the Electric Supplier | ||||||
| 25 | Act, any person who owns or operates a CCR surface impoundment | ||||||
| 26 | in this State shall post with the Agency a performance bond or | ||||||
| |||||||
| |||||||
| 1 | other security for the purpose of: (i) ensuring closure of the | ||||||
| 2 | CCR surface impoundment and post-closure care in accordance | ||||||
| 3 | with this Act and its rules; and (ii) insuring remediation of | ||||||
| 4 | releases from the CCR surface impoundment. The only acceptable | ||||||
| 5 | forms of financial assurance are: a trust fund, a surety bond | ||||||
| 6 | guaranteeing payment, a surety bond guaranteeing performance, | ||||||
| 7 | or an irrevocable letter of credit. | ||||||
| 8 | (1) The cost estimate for the post-closure care of a | ||||||
| 9 | CCR surface impoundment shall be calculated using a 30-year | ||||||
| 10 | post-closure care period or such longer period as may be | ||||||
| 11 | approved by the Agency under Board or federal rules. | ||||||
| 12 | (2) The Agency is authorized to enter into such | ||||||
| 13 | contracts and agreements as it may deem necessary to carry | ||||||
| 14 | out the purposes of this Section. Neither the State, nor | ||||||
| 15 | the Director, nor any State employee shall be liable for | ||||||
| 16 | any damages or injuries arising out of or resulting from | ||||||
| 17 | any action taken under this Section. | ||||||
| 18 | (3) The Agency shall have the authority to approve or | ||||||
| 19 | disapprove any performance bond or other security posted | ||||||
| 20 | under this subsection. Any person whose performance bond or | ||||||
| 21 | other security is disapproved by the Agency may contest the | ||||||
| 22 | disapproval as a permit denial appeal pursuant to Section | ||||||
| 23 | 40. | ||||||
| 24 | (g) The Board shall adopt rules establishing construction | ||||||
| 25 | permit requirements, operating permit requirements, design | ||||||
| 26 | standards, reporting, financial assurance, and closure and | ||||||
| |||||||
| |||||||
| 1 | post-closure care requirements for CCR surface impoundments. | ||||||
| 2 | Not later than 8 months after July 30, 2019 (the effective date | ||||||
| 3 | of Public Act 101-171) this amendatory Act of the 101st General | ||||||
| 4 | Assembly the Agency shall propose, and not later than one year | ||||||
| 5 | after receipt of the Agency's proposal the Board shall adopt, | ||||||
| 6 | rules under this Section. The rules must, at a minimum: | ||||||
| 7 | (1) be at least as protective and comprehensive as the | ||||||
| 8 | federal regulations or amendments thereto promulgated by | ||||||
| 9 | the Administrator of the United States Environmental | ||||||
| 10 | Protection Agency in Subpart D of 40 CFR 257 governing CCR | ||||||
| 11 | surface impoundments; | ||||||
| 12 | (2) specify the minimum contents of CCR surface | ||||||
| 13 | impoundment construction and operating permit | ||||||
| 14 | applications, including the closure alternatives analysis | ||||||
| 15 | required under subsection (d); | ||||||
| 16 | (3) specify which types of permits include | ||||||
| 17 | requirements for closure, post-closure, remediation and | ||||||
| 18 | all other requirements applicable to CCR surface | ||||||
| 19 | impoundments; | ||||||
| 20 | (4) specify when permit applications for existing CCR | ||||||
| 21 | surface impoundments must be submitted, taking into | ||||||
| 22 | consideration whether the CCR surface impoundment must | ||||||
| 23 | close under the RCRA; | ||||||
| 24 | (5) specify standards for review and approval by the | ||||||
| 25 | Agency of CCR surface impoundment permit applications; | ||||||
| 26 | (6) specify meaningful public participation procedures | ||||||
| |||||||
| |||||||
| 1 | for the issuance of CCR surface impoundment construction | ||||||
| 2 | and operating permits, including, but not limited to, | ||||||
| 3 | public notice of the submission of permit applications, an | ||||||
| 4 | opportunity for the submission of public comments, an | ||||||
| 5 | opportunity for a public hearing prior to permit issuance, | ||||||
| 6 | and a summary and response of the comments prepared by the | ||||||
| 7 | Agency; | ||||||
| 8 | (7) prescribe the type and amount of the performance | ||||||
| 9 | bonds or other securities required under subsection (f), | ||||||
| 10 | and the conditions under which the State is entitled to | ||||||
| 11 | collect moneys from such performance bonds or other | ||||||
| 12 | securities; | ||||||
| 13 | (8) specify a procedure to identify areas of | ||||||
| 14 | environmental justice concern in relation to CCR surface | ||||||
| 15 | impoundments; | ||||||
| 16 | (9) specify a method to prioritize CCR surface | ||||||
| 17 | impoundments required to close under RCRA if not otherwise | ||||||
| 18 | specified by the United States Environmental Protection | ||||||
| 19 | Agency, so that the CCR surface impoundments with the | ||||||
| 20 | highest risk to public health and the environment, and | ||||||
| 21 | areas of environmental justice concern are given first | ||||||
| 22 | priority; | ||||||
| 23 | (10) define when complete removal of CCR is achieved | ||||||
| 24 | and specify the standards for responsible removal of CCR | ||||||
| 25 | from CCR surface impoundments, including, but not limited | ||||||
| 26 | to, dust controls and the protection of adjacent surface | ||||||
| |||||||
| |||||||
| 1 | water and groundwater; and | ||||||
| 2 | (11) describe the process and standards for | ||||||
| 3 | identifying a specific alternative source of groundwater | ||||||
| 4 | pollution when the owner or operator of the CCR surface | ||||||
| 5 | impoundment believes that groundwater contamination on the | ||||||
| 6 | site is not from the CCR surface impoundment. | ||||||
| 7 | (h) Any owner of a CCR surface impoundment that generates | ||||||
| 8 | CCR and sells or otherwise provides coal combustion byproducts | ||||||
| 9 | pursuant to Section 3.135 shall, every 12 months, post on its | ||||||
| 10 | publicly available website a report specifying the volume or | ||||||
| 11 | weight of CCR, in cubic yards or tons, that it sold or provided | ||||||
| 12 | during the past 12 months. | ||||||
| 13 | (i) The owner of a CCR surface impoundment shall post all | ||||||
| 14 | closure plans, permit applications, and supporting | ||||||
| 15 | documentation, as well as any Agency approval of the plans or | ||||||
| 16 | applications on its publicly available website. | ||||||
| 17 | (j) The owner or operator of a CCR surface impoundment | ||||||
| 18 | shall pay the following fees: | ||||||
| 19 | (1) An initial fee to the Agency within 6 months after | ||||||
| 20 | July 30, 2019 (the effective date of Public Act 101-171) | ||||||
| 21 | this amendatory Act of the 101st General Assembly of: | ||||||
| 22 | $50,000 for each closed CCR surface impoundment; | ||||||
| 23 | and | ||||||
| 24 | $75,000 for each CCR surface impoundment that have | ||||||
| 25 | not completed closure. | ||||||
| 26 | (2) Annual fees to the Agency, beginning on July 1, | ||||||
| |||||||
| |||||||
| 1 | 2020, of: | ||||||
| 2 | $25,000 for each CCR surface impoundment that has | ||||||
| 3 | not completed closure; and | ||||||
| 4 | $15,000 for each CCR surface impoundment that has | ||||||
| 5 | completed closure, but has not completed post-closure | ||||||
| 6 | care. | ||||||
| 7 | (k) All fees collected by the Agency under subsection (j) | ||||||
| 8 | shall be deposited into the Environmental Protection Permit and | ||||||
| 9 | Inspection Fund. | ||||||
| 10 | (l) The Coal Combustion Residual Surface Impoundment | ||||||
| 11 | Financial Assurance Fund is created as a special fund in the | ||||||
| 12 | State treasury. Any moneys forfeited to the State of Illinois | ||||||
| 13 | from any performance bond or other security required under this | ||||||
| 14 | Section shall be placed in the Coal Combustion Residual Surface | ||||||
| 15 | Impoundment Financial Assurance Fund and shall, upon approval | ||||||
| 16 | by the Governor and the Director, be used by the Agency for the | ||||||
| 17 | purposes for which such performance bond or other security was | ||||||
| 18 | issued. The Coal Combustion Residual Surface Impoundment | ||||||
| 19 | Financial Assurance Fund is not subject to the provisions of | ||||||
| 20 | subsection (c) of Section 5 of the State Finance Act. | ||||||
| 21 | (m) The provisions of this Section shall apply, without | ||||||
| 22 | limitation, to all existing CCR surface impoundments and any | ||||||
| 23 | CCR surface impoundments constructed after July 30, 2019 (the | ||||||
| 24 | effective date of Public Act 101-171) this amendatory Act of | ||||||
| 25 | the 101st General Assembly, except to the extent prohibited by | ||||||
| 26 | the Illinois or United States Constitutions.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
| ||||||
| 2 | (415 ILCS 5/22.60)
| ||||||
| 3 | (This Section may contain text from a Public Act with a | ||||||
| 4 | delayed effective date) | ||||||
| 5 | (For Section repeal see subsection (e)) | ||||||
| 6 | Sec. 22.60 22.59. Pilot project for Will County and Grundy | ||||||
| 7 | County pyrolysis or gasification facility. | ||||||
| 8 | (a) As used in this Section: | ||||||
| 9 | "Plastics" means polystyrene or any other synthetic | ||||||
| 10 | organic polymer that can be molded into shape under heat and | ||||||
| 11 | pressure and then set into a rigid or slightly elastic form. | ||||||
| 12 | "Plastics gasification facility" means a manufacturing | ||||||
| 13 | facility that: | ||||||
| 14 | (1) receives only uncontaminated plastics that have | ||||||
| 15 | been processed prior to receipt at the facility into a | ||||||
| 16 | feedstock meeting the facility's specifications for a | ||||||
| 17 | gasification feedstock; and | ||||||
| 18 | (2) uses heat in an oxygen-deficient atmosphere to | ||||||
| 19 | process the feedstock into fuels, chemicals, or chemical | ||||||
| 20 | feedstocks that are returned to the economic mainstream in | ||||||
| 21 | the form of raw materials or products. | ||||||
| 22 | "Plastics pyrolysis facility" means a manufacturing | ||||||
| 23 | facility that: | ||||||
| 24 | (1) receives only uncontaminated plastics that have | ||||||
| 25 | been processed prior to receipt at the facility into a | ||||||
| |||||||
| |||||||
| 1 | feedstock meeting the facility's specifications for a | ||||||
| 2 | pyrolysis feedstock; and | ||||||
| 3 | (2) uses heat in the absence of oxygen to process the | ||||||
| 4 | uncontaminated plastics into fuels, chemicals, or chemical | ||||||
| 5 | feedstocks that are returned to the economic mainstream in | ||||||
| 6 | the form of raw materials or products. | ||||||
| 7 | (b) Provided that permitting and construction has | ||||||
| 8 | commenced prior to July 1, 2025, a pilot project allowing for a | ||||||
| 9 | pyrolysis or gasification facility in accordance with this | ||||||
| 10 | Section is permitted for a locally zoned and approved site in | ||||||
| 11 | either Will County or Grundy County. | ||||||
| 12 | (c) To the extent allowed by federal law, uncontaminated | ||||||
| 13 | plastics that have been processed into a feedstock meeting | ||||||
| 14 | feedstock specifications for a plastics gasification facility | ||||||
| 15 | or plastics pyrolysis facility, and that are further processed | ||||||
| 16 | by such a facility and returned to the economic mainstream in | ||||||
| 17 | the form of raw materials or products, are considered recycled | ||||||
| 18 | and are not subject to regulation as waste. | ||||||
| 19 | (d) The Agency may propose to the Board for adoption, and | ||||||
| 20 | the Board may adopt, rules establishing standards for materials | ||||||
| 21 | accepted as feedstocks by plastics gasification facilities and | ||||||
| 22 | plastics pyrolysis facilities, rules establishing standards | ||||||
| 23 | for the management of feedstocks at plastics gasification | ||||||
| 24 | facilities and plastics pyrolysis facilities, and any other | ||||||
| 25 | rules, as may be necessary to implement and administer this | ||||||
| 26 | Section. | ||||||
| |||||||
| |||||||
| 1 | (e) If permitting and construction for the pilot project | ||||||
| 2 | under subsection (b) has not commenced by July 1, 2025, this | ||||||
| 3 | Section is repealed.
| ||||||
| 4 | (Source: P.A. 101-141, eff. 7-1-20; revised 10-22-19.)
| ||||||
| 5 | (415 ILCS 5/22.61)
| ||||||
| 6 | Sec. 22.61 22.59. Regulation of bisphenol A in business | ||||||
| 7 | transaction paper. | ||||||
| 8 | (a) For purposes of this Section, "thermal paper" means | ||||||
| 9 | paper with bisphenol A added to the coating. | ||||||
| 10 | (b) Beginning January 1, 2020, no person shall manufacture, | ||||||
| 11 | for sale in this State, thermal paper. | ||||||
| 12 | (c) No person shall distribute or use any thermal paper for | ||||||
| 13 | the making of business or banking records, including, but not | ||||||
| 14 | limited to, records of receipts, credits, withdrawals, | ||||||
| 15 | deposits, or credit or debit card transactions. This subsection | ||||||
| 16 | shall not apply to thermal paper that was manufactured prior to | ||||||
| 17 | January 1, 2020. | ||||||
| 18 | (d) The prohibition in subsections (a) and (b) shall not | ||||||
| 19 | apply to paper containing recycled material.
| ||||||
| 20 | (Source: P.A. 101-457, eff. 8-23-19; revised 10-22-19.)
| ||||||
| 21 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| ||||||
| 22 | Sec. 39. Issuance of permits; procedures.
| ||||||
| 23 | (a) When the Board has by regulation required a permit for
| ||||||
| 24 | the construction, installation, or operation of any type of | ||||||
| |||||||
| |||||||
| 1 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
| 2 | applicant shall apply to
the Agency for such permit and it | ||||||
| 3 | shall be the duty of the Agency to
issue such a permit upon | ||||||
| 4 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
| 5 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
| 6 | of regulations hereunder. The Agency shall adopt such
| ||||||
| 7 | procedures as are necessary to carry out its duties under this | ||||||
| 8 | Section.
In making its determinations on permit applications | ||||||
| 9 | under this Section the Agency may consider prior adjudications | ||||||
| 10 | of
noncompliance with this Act by the applicant that involved a | ||||||
| 11 | release of a
contaminant into the environment. In granting | ||||||
| 12 | permits, the Agency
may impose reasonable conditions | ||||||
| 13 | specifically related to the applicant's past
compliance | ||||||
| 14 | history with this Act as necessary to correct, detect, or
| ||||||
| 15 | prevent noncompliance. The Agency may impose such other | ||||||
| 16 | conditions
as may be necessary to accomplish the purposes of | ||||||
| 17 | this Act, and as are not
inconsistent with the regulations | ||||||
| 18 | promulgated by the Board hereunder. Except as
otherwise | ||||||
| 19 | provided in this Act, a bond or other security shall not be | ||||||
| 20 | required
as a condition for the issuance of a permit. If the | ||||||
| 21 | Agency denies any permit
under this Section, the Agency shall | ||||||
| 22 | transmit to the applicant within the time
limitations of this | ||||||
| 23 | Section specific, detailed statements as to the reasons the
| ||||||
| 24 | permit application was denied. Such statements shall include, | ||||||
| 25 | but not be
limited to the following:
| ||||||
| 26 | (i) the Sections of this Act which may be violated if | ||||||
| |||||||
| |||||||
| 1 | the permit
were granted;
| ||||||
| 2 | (ii) the provision of the regulations, promulgated | ||||||
| 3 | under this Act,
which may be violated if the permit were | ||||||
| 4 | granted;
| ||||||
| 5 | (iii) the specific type of information, if any, which | ||||||
| 6 | the Agency
deems the applicant did not provide the Agency; | ||||||
| 7 | and
| ||||||
| 8 | (iv) a statement of specific reasons why the Act and | ||||||
| 9 | the regulations
might not be met if the permit were | ||||||
| 10 | granted.
| ||||||
| 11 | If there is no final action by the Agency within 90 days | ||||||
| 12 | after the
filing of the application for permit, the applicant | ||||||
| 13 | may deem the permit
issued; except that this time period shall | ||||||
| 14 | be extended to 180 days when
(1) notice and opportunity for | ||||||
| 15 | public hearing are required by State or
federal law or | ||||||
| 16 | regulation, (2) the application which was filed is for
any | ||||||
| 17 | permit to develop a landfill subject to issuance pursuant to | ||||||
| 18 | this
subsection, or (3) the application that was filed is for a | ||||||
| 19 | MSWLF unit
required to issue public notice under subsection (p) | ||||||
| 20 | of Section 39. The
90-day and 180-day time periods for the | ||||||
| 21 | Agency to take final action do not
apply to NPDES permit | ||||||
| 22 | applications under subsection (b) of this Section,
to RCRA | ||||||
| 23 | permit applications under subsection (d) of this Section,
to | ||||||
| 24 | UIC permit applications under subsection (e) of this Section, | ||||||
| 25 | or to CCR surface impoundment applications under subsection (y) | ||||||
| 26 | of this Section.
| ||||||
| |||||||
| |||||||
| 1 | The Agency shall publish notice of all final permit | ||||||
| 2 | determinations for
development permits for MSWLF units and for | ||||||
| 3 | significant permit modifications
for lateral expansions for | ||||||
| 4 | existing MSWLF units one time in a newspaper of
general | ||||||
| 5 | circulation in the county in which the unit is or is proposed | ||||||
| 6 | to be
located.
| ||||||
| 7 | After January 1, 1994 and until July 1, 1998, operating | ||||||
| 8 | permits issued under
this Section by the
Agency for sources of | ||||||
| 9 | air pollution permitted to emit less than 25 tons
per year of | ||||||
| 10 | any combination of regulated air pollutants, as defined in
| ||||||
| 11 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
| 12 | upon written
request by the Agency consistent with applicable | ||||||
| 13 | provisions of this Act and
regulations promulgated hereunder. | ||||||
| 14 | Such operating permits shall expire
180 days after the date of | ||||||
| 15 | such a request. The Board shall revise its
regulations for the | ||||||
| 16 | existing State air pollution operating permit program
| ||||||
| 17 | consistent with this provision by January 1, 1994.
| ||||||
| 18 | After June 30, 1998, operating permits issued under this | ||||||
| 19 | Section by the
Agency for sources of air pollution that are not | ||||||
| 20 | subject to Section 39.5 of
this Act and are not required to | ||||||
| 21 | have a federally enforceable State operating
permit shall be | ||||||
| 22 | required to be renewed only upon written request by the Agency
| ||||||
| 23 | consistent with applicable provisions of this Act and its | ||||||
| 24 | rules. Such
operating permits shall expire 180 days after the | ||||||
| 25 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
| 26 | revise its rules for the existing State
air pollution operating | ||||||
| |||||||
| |||||||
| 1 | permit program consistent with this paragraph and shall
adopt | ||||||
| 2 | rules that require a source to demonstrate that it qualifies | ||||||
| 3 | for a permit
under this paragraph.
| ||||||
| 4 | (b) The Agency may issue NPDES permits exclusively under | ||||||
| 5 | this
subsection for the discharge of contaminants from point | ||||||
| 6 | sources into
navigable waters, all as defined in the Federal | ||||||
| 7 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
| 8 | within the jurisdiction of the
State, or into any well.
| ||||||
| 9 | All NPDES permits shall contain those terms and conditions, | ||||||
| 10 | including,
but not limited to, schedules of compliance, which | ||||||
| 11 | may be required to
accomplish the purposes and provisions of | ||||||
| 12 | this Act.
| ||||||
| 13 | The Agency may issue general NPDES permits for discharges | ||||||
| 14 | from categories
of point sources which are subject to the same | ||||||
| 15 | permit limitations and
conditions. Such general permits may be | ||||||
| 16 | issued without individual
applications and shall conform to | ||||||
| 17 | regulations promulgated under Section 402
of the Federal Water | ||||||
| 18 | Pollution Control Act, as now or hereafter amended.
| ||||||
| 19 | The Agency may include, among such conditions, effluent | ||||||
| 20 | limitations
and other requirements established under this Act, | ||||||
| 21 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
| 22 | now or hereafter amended, and
regulations pursuant thereto, and | ||||||
| 23 | schedules for achieving compliance
therewith at the earliest | ||||||
| 24 | reasonable date.
| ||||||
| 25 | The Agency shall adopt filing requirements and procedures | ||||||
| 26 | which are
necessary and appropriate for the issuance of NPDES | ||||||
| |||||||
| |||||||
| 1 | permits, and which
are consistent with the Act or regulations | ||||||
| 2 | adopted by the Board, and
with the Federal Water Pollution | ||||||
| 3 | Control Act, as now or hereafter
amended, and regulations | ||||||
| 4 | pursuant thereto.
| ||||||
| 5 | The Agency, subject to any conditions which may be | ||||||
| 6 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
| 7 | allow discharges beyond
deadlines established by this Act or by | ||||||
| 8 | regulations of the Board without
the requirement of a variance, | ||||||
| 9 | subject to the Federal Water Pollution
Control Act, as now or | ||||||
| 10 | hereafter amended, and regulations pursuant thereto.
| ||||||
| 11 | (c) Except for those facilities owned or operated by | ||||||
| 12 | sanitary districts
organized under the Metropolitan Water | ||||||
| 13 | Reclamation District Act, no
permit for the development or | ||||||
| 14 | construction of a new pollution control
facility may be granted | ||||||
| 15 | by the Agency unless the applicant submits proof to the
Agency | ||||||
| 16 | that the location of the facility has been approved by the | ||||||
| 17 | county board County Board
of the county if in an unincorporated | ||||||
| 18 | area, or the governing body of the
municipality when in an | ||||||
| 19 | incorporated area, in which the facility is to be
located in | ||||||
| 20 | accordance with Section 39.2 of this Act. For purposes of this | ||||||
| 21 | subsection (c), and for purposes of Section 39.2 of this Act, | ||||||
| 22 | the appropriate county board or governing body of the | ||||||
| 23 | municipality shall be the county board of the county or the | ||||||
| 24 | governing body of the municipality in which the facility is to | ||||||
| 25 | be located as of the date when the application for siting | ||||||
| 26 | approval is filed.
| ||||||
| |||||||
| |||||||
| 1 | In the event that siting approval granted pursuant to | ||||||
| 2 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
| 3 | operator, that subsequent owner or
operator may apply to the | ||||||
| 4 | Agency for, and the Agency may grant, a development
or | ||||||
| 5 | construction permit for the facility for which local siting | ||||||
| 6 | approval was
granted. Upon application to the Agency for a | ||||||
| 7 | development or
construction permit by that subsequent owner or | ||||||
| 8 | operator,
the permit applicant shall cause written notice of | ||||||
| 9 | the permit application
to be served upon the appropriate county | ||||||
| 10 | board or governing body of the
municipality that granted siting | ||||||
| 11 | approval for that facility and upon any party
to the siting | ||||||
| 12 | proceeding pursuant to which siting approval was granted. In
| ||||||
| 13 | that event, the Agency shall conduct an evaluation of the | ||||||
| 14 | subsequent owner or
operator's prior experience in waste | ||||||
| 15 | management operations in the manner
conducted under subsection | ||||||
| 16 | (i) of Section 39 of this Act.
| ||||||
| 17 | Beginning August 20, 1993, if the pollution control | ||||||
| 18 | facility consists of a
hazardous or solid waste disposal | ||||||
| 19 | facility for which the proposed site is
located in an | ||||||
| 20 | unincorporated area of a county with a population of less than
| ||||||
| 21 | 100,000 and includes all or a portion of a parcel of land that | ||||||
| 22 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
| 23 | population of less than 5,000, then
the local siting review | ||||||
| 24 | required under this subsection (c) in conjunction with
any | ||||||
| 25 | permit applied for after that date shall be performed by the | ||||||
| 26 | governing body
of that adjacent municipality rather than the | ||||||
| |||||||
| |||||||
| 1 | county board of the county in
which the proposed site is | ||||||
| 2 | located; and for the purposes of that local siting
review, any | ||||||
| 3 | references in this Act to the county board shall be deemed to | ||||||
| 4 | mean
the governing body of that adjacent municipality; | ||||||
| 5 | provided, however, that the
provisions of this paragraph shall | ||||||
| 6 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
| 7 | owned in whole or in part by another municipality.
| ||||||
| 8 | In the case of a pollution control facility for which a
| ||||||
| 9 | development permit was issued before November 12, 1981, if an | ||||||
| 10 | operating
permit has not been issued by the Agency prior to | ||||||
| 11 | August 31, 1989 for
any portion of the facility, then the | ||||||
| 12 | Agency may not issue or renew any
development permit nor issue | ||||||
| 13 | an original operating permit for any portion of
such facility | ||||||
| 14 | unless the applicant has submitted proof to the Agency that the
| ||||||
| 15 | location of the facility has been approved by the appropriate | ||||||
| 16 | county board or
municipal governing body pursuant to Section | ||||||
| 17 | 39.2 of this Act.
| ||||||
| 18 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
| 19 | any portion for which an operating permit has been issued by
| ||||||
| 20 | the Agency, has not accepted waste disposal for 5 or more | ||||||
| 21 | consecutive calendar calendars
years, before that facility may | ||||||
| 22 | accept any new or additional waste for
disposal, the owner and | ||||||
| 23 | operator must obtain a new operating permit under this
Act for | ||||||
| 24 | that facility unless the owner and operator have applied to the | ||||||
| 25 | Agency
for a permit authorizing the temporary suspension of | ||||||
| 26 | waste acceptance. The
Agency may not issue a new operation | ||||||
| |||||||
| |||||||
| 1 | permit under this Act for the facility
unless the applicant has | ||||||
| 2 | submitted proof to the Agency that the location of the
facility | ||||||
| 3 | has been approved or re-approved by the appropriate county | ||||||
| 4 | board or
municipal governing body under Section 39.2 of this | ||||||
| 5 | Act after the facility
ceased accepting waste.
| ||||||
| 6 | Except for those facilities owned or operated by sanitary | ||||||
| 7 | districts
organized under the Metropolitan Water Reclamation | ||||||
| 8 | District Act, and
except for new pollution control facilities | ||||||
| 9 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
| 10 | facilities, the granting of a permit under
this Act shall not | ||||||
| 11 | relieve the applicant from meeting and securing all
necessary | ||||||
| 12 | zoning approvals from the unit of government having zoning
| ||||||
| 13 | jurisdiction over the proposed facility.
| ||||||
| 14 | Before beginning construction on any new sewage treatment | ||||||
| 15 | plant or sludge
drying site to be owned or operated by a | ||||||
| 16 | sanitary district organized under
the Metropolitan Water | ||||||
| 17 | Reclamation District Act for which a new
permit (rather than | ||||||
| 18 | the renewal or amendment of an existing permit) is
required, | ||||||
| 19 | such sanitary district shall hold a public hearing within the
| ||||||
| 20 | municipality within which the proposed facility is to be | ||||||
| 21 | located, or within the
nearest community if the proposed | ||||||
| 22 | facility is to be located within an
unincorporated area, at | ||||||
| 23 | which information concerning the proposed facility
shall be | ||||||
| 24 | made available to the public, and members of the public shall | ||||||
| 25 | be given
the opportunity to express their views concerning the | ||||||
| 26 | proposed facility.
| ||||||
| |||||||
| |||||||
| 1 | The Agency may issue a permit for a municipal waste | ||||||
| 2 | transfer station
without requiring approval pursuant to | ||||||
| 3 | Section 39.2 provided that the following
demonstration is made:
| ||||||
| 4 | (1) the municipal waste transfer station was in | ||||||
| 5 | existence on or before
January 1, 1979 and was in | ||||||
| 6 | continuous operation from January 1, 1979 to January
1, | ||||||
| 7 | 1993;
| ||||||
| 8 | (2) the operator submitted a permit application to the | ||||||
| 9 | Agency to develop
and operate the municipal waste transfer | ||||||
| 10 | station during April of 1994;
| ||||||
| 11 | (3) the operator can demonstrate that the county board | ||||||
| 12 | of the county, if
the municipal waste transfer station is | ||||||
| 13 | in an unincorporated area, or the
governing body of the | ||||||
| 14 | municipality, if the station is in an incorporated area,
| ||||||
| 15 | does not object to resumption of the operation of the | ||||||
| 16 | station; and
| ||||||
| 17 | (4) the site has local zoning approval.
| ||||||
| 18 | (d) The Agency may issue RCRA permits exclusively under | ||||||
| 19 | this
subsection to persons owning or operating a facility for | ||||||
| 20 | the treatment,
storage, or disposal of hazardous waste as | ||||||
| 21 | defined under this Act. Subsection (y) of this Section, rather | ||||||
| 22 | than this subsection (d), shall apply to permits issued for CCR | ||||||
| 23 | surface impoundments.
| ||||||
| 24 | All RCRA permits shall contain those terms and conditions, | ||||||
| 25 | including, but
not limited to, schedules of compliance, which | ||||||
| 26 | may be required to accomplish
the purposes and provisions of | ||||||
| |||||||
| |||||||
| 1 | this Act. The Agency may include among such
conditions | ||||||
| 2 | standards and other requirements established under this Act,
| ||||||
| 3 | Board regulations, the Resource Conservation and Recovery Act | ||||||
| 4 | of 1976 (P.L.
94-580), as amended, and regulations pursuant | ||||||
| 5 | thereto, and may include
schedules for achieving compliance | ||||||
| 6 | therewith as soon as possible. The
Agency shall require that a | ||||||
| 7 | performance bond or other security be provided
as a condition | ||||||
| 8 | for the issuance of a RCRA permit.
| ||||||
| 9 | In the case of a permit to operate a hazardous waste or PCB | ||||||
| 10 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
| 11 | Agency shall require, as a
condition of the permit, that the | ||||||
| 12 | operator of the facility perform such
analyses of the waste to | ||||||
| 13 | be incinerated as may be necessary and appropriate
to ensure | ||||||
| 14 | the safe operation of the incinerator.
| ||||||
| 15 | The Agency shall adopt filing requirements and procedures | ||||||
| 16 | which
are necessary and appropriate for the issuance of RCRA | ||||||
| 17 | permits, and which
are consistent with the Act or regulations | ||||||
| 18 | adopted by the Board, and with
the Resource Conservation and | ||||||
| 19 | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | ||||||
| 20 | pursuant thereto.
| ||||||
| 21 | The applicant shall make available to the public for | ||||||
| 22 | inspection all
documents submitted by the applicant to the | ||||||
| 23 | Agency in furtherance
of an application, with the exception of | ||||||
| 24 | trade secrets, at the office of
the county board or governing | ||||||
| 25 | body of the municipality. Such documents
may be copied upon | ||||||
| 26 | payment of the actual cost of reproduction during regular
| ||||||
| |||||||
| |||||||
| 1 | business hours of the local office. The Agency shall issue a | ||||||
| 2 | written statement
concurrent with its grant or denial of the | ||||||
| 3 | permit explaining the basis for its
decision.
| ||||||
| 4 | (e) The Agency may issue UIC permits exclusively under this
| ||||||
| 5 | subsection to persons owning or operating a facility for the | ||||||
| 6 | underground
injection of contaminants as defined under this | ||||||
| 7 | Act.
| ||||||
| 8 | All UIC permits shall contain those terms and conditions, | ||||||
| 9 | including, but
not limited to, schedules of compliance, which | ||||||
| 10 | may be required to accomplish
the purposes and provisions of | ||||||
| 11 | this Act. The Agency may include among such
conditions | ||||||
| 12 | standards and other requirements established under this Act,
| ||||||
| 13 | Board regulations, the Safe Drinking Water Act (P.L. 93-523), | ||||||
| 14 | as amended,
and regulations pursuant thereto, and may include | ||||||
| 15 | schedules for achieving
compliance therewith. The Agency shall | ||||||
| 16 | require that a performance bond or
other security be provided | ||||||
| 17 | as a condition for the issuance of a UIC permit.
| ||||||
| 18 | The Agency shall adopt filing requirements and procedures | ||||||
| 19 | which
are necessary and appropriate for the issuance of UIC | ||||||
| 20 | permits, and which
are consistent with the Act or regulations | ||||||
| 21 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
| 22 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
| 23 | The applicant shall make available to the public for | ||||||
| 24 | inspection, all
documents submitted by the applicant to the | ||||||
| 25 | Agency in furtherance of an
application, with the exception of | ||||||
| 26 | trade secrets, at the office of the county
board or governing | ||||||
| |||||||
| |||||||
| 1 | body of the municipality. Such documents may be copied upon
| ||||||
| 2 | payment of the actual cost of reproduction during regular | ||||||
| 3 | business hours of the
local office. The Agency shall issue a | ||||||
| 4 | written statement concurrent with its
grant or denial of the | ||||||
| 5 | permit explaining the basis for its decision.
| ||||||
| 6 | (f) In making any determination pursuant to Section 9.1 of | ||||||
| 7 | this Act:
| ||||||
| 8 | (1) The Agency shall have authority to make the | ||||||
| 9 | determination of any
question required to be determined by | ||||||
| 10 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
| 11 | or the regulations of the Board, including the
| ||||||
| 12 | determination of the Lowest Achievable Emission Rate, | ||||||
| 13 | Maximum Achievable
Control Technology, or Best Available | ||||||
| 14 | Control Technology, consistent with the
Board's | ||||||
| 15 | regulations, if any.
| ||||||
| 16 | (2) The Agency shall adopt requirements as necessary to | ||||||
| 17 | implement public participation procedures, including, but | ||||||
| 18 | not limited to, public notice, comment, and an opportunity | ||||||
| 19 | for hearing, which must accompany the processing of | ||||||
| 20 | applications for PSD permits. The Agency shall briefly | ||||||
| 21 | describe and respond to all significant comments on the | ||||||
| 22 | draft permit raised during the public comment period or | ||||||
| 23 | during any hearing. The Agency may group related comments | ||||||
| 24 | together and provide one unified response for each issue | ||||||
| 25 | raised. | ||||||
| 26 | (3) Any complete permit application submitted to the | ||||||
| |||||||
| |||||||
| 1 | Agency under this subsection for a PSD permit shall be | ||||||
| 2 | granted or denied by the Agency not later than one year | ||||||
| 3 | after the filing of such completed application. | ||||||
| 4 | (4) The Agency shall, after conferring with the | ||||||
| 5 | applicant, give written
notice to the applicant of its | ||||||
| 6 | proposed decision on the application, including
the terms | ||||||
| 7 | and conditions of the permit to be issued and the facts, | ||||||
| 8 | conduct,
or other basis upon which the Agency will rely to | ||||||
| 9 | support its proposed action.
| ||||||
| 10 | (g) The Agency shall include as conditions upon all permits | ||||||
| 11 | issued for
hazardous waste disposal sites such restrictions | ||||||
| 12 | upon the future use
of such sites as are reasonably necessary | ||||||
| 13 | to protect public health and
the environment, including | ||||||
| 14 | permanent prohibition of the use of such
sites for purposes | ||||||
| 15 | which may create an unreasonable risk of injury to human
health | ||||||
| 16 | or to the environment. After administrative and judicial | ||||||
| 17 | challenges
to such restrictions have been exhausted, the Agency | ||||||
| 18 | shall file such
restrictions of record in the Office of the | ||||||
| 19 | Recorder of the county in which
the hazardous waste disposal | ||||||
| 20 | site is located.
| ||||||
| 21 | (h) A hazardous waste stream may not be deposited in a | ||||||
| 22 | permitted hazardous
waste site unless specific authorization | ||||||
| 23 | is obtained from the Agency by the
generator and disposal site | ||||||
| 24 | owner and operator for the deposit of that specific
hazardous | ||||||
| 25 | waste stream. The Agency may grant specific authorization for
| ||||||
| 26 | disposal of hazardous waste streams only after the generator | ||||||
| |||||||
| |||||||
| 1 | has reasonably
demonstrated that, considering
technological | ||||||
| 2 | feasibility and economic reasonableness, the hazardous waste
| ||||||
| 3 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
| 4 | chemically,
physically or biologically treated so as to | ||||||
| 5 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
| 6 | granting authorization under this Section,
the Agency may | ||||||
| 7 | impose such conditions as may be necessary to accomplish
the | ||||||
| 8 | purposes of the Act and are consistent with this Act and | ||||||
| 9 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
| 10 | refuses to grant
authorization under this Section, the | ||||||
| 11 | applicant may appeal as if the Agency
refused to grant a | ||||||
| 12 | permit, pursuant to the provisions of subsection (a) of
Section | ||||||
| 13 | 40 of this Act. For purposes of this subsection (h), the term
| ||||||
| 14 | "generator" has the meaning given in Section 3.205 of this Act,
| ||||||
| 15 | unless: (1) the hazardous waste is treated, incinerated, or | ||||||
| 16 | partially recycled
for reuse prior to disposal, in which case | ||||||
| 17 | the last person who treats,
incinerates, or partially recycles | ||||||
| 18 | the hazardous waste prior to disposal is the
generator; or (2) | ||||||
| 19 | the hazardous waste is from a response action, in which case
| ||||||
| 20 | the person performing the response action is the generator. | ||||||
| 21 | This subsection
(h) does not apply to any hazardous waste that | ||||||
| 22 | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| ||||||
| 23 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
| 24 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
| 25 | transfer station, waste treatment
facility, waste incinerator, | ||||||
| 26 | or any waste-transportation operation, any permit or interim | ||||||
| |||||||
| |||||||
| 1 | authorization for a clean construction or demolition debris | ||||||
| 2 | fill operation, or any permit required under subsection (d-5) | ||||||
| 3 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
| 4 | prospective owner's or operator's prior
experience in waste | ||||||
| 5 | management operations, clean construction or demolition debris | ||||||
| 6 | fill operations, and tire storage site management. The Agency | ||||||
| 7 | may deny such a permit, or deny or revoke interim | ||||||
| 8 | authorization,
if the prospective owner or operator or any | ||||||
| 9 | employee or officer of the
prospective owner or operator has a | ||||||
| 10 | history of:
| ||||||
| 11 | (1) repeated violations of federal, State, or local | ||||||
| 12 | laws, regulations,
standards, or ordinances in the | ||||||
| 13 | operation of waste management facilities or
sites, clean | ||||||
| 14 | construction or demolition debris fill operation | ||||||
| 15 | facilities or sites, or tire storage sites; or
| ||||||
| 16 | (2) conviction in this or another State of any crime | ||||||
| 17 | which is a felony
under the laws of this State, or | ||||||
| 18 | conviction of a felony in a federal court; or conviction in | ||||||
| 19 | this or another state or federal court of any of the | ||||||
| 20 | following crimes: forgery, official misconduct, bribery, | ||||||
| 21 | perjury, or knowingly submitting false information under | ||||||
| 22 | any environmental law, regulation, or permit term or | ||||||
| 23 | condition; or
| ||||||
| 24 | (3) proof of gross carelessness or incompetence in | ||||||
| 25 | handling, storing,
processing, transporting or disposing | ||||||
| 26 | of waste, clean construction or demolition debris, or used | ||||||
| |||||||
| |||||||
| 1 | or waste tires, or proof of gross carelessness or | ||||||
| 2 | incompetence in using clean construction or demolition | ||||||
| 3 | debris as fill.
| ||||||
| 4 | (i-5) Before issuing any permit or approving any interim | ||||||
| 5 | authorization for a clean construction or demolition debris | ||||||
| 6 | fill operation in which any ownership interest is transferred | ||||||
| 7 | between January 1, 2005, and the effective date of the | ||||||
| 8 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
| 9 | shall conduct an evaluation of the operation if any previous | ||||||
| 10 | activities at the site or facility may have caused or allowed | ||||||
| 11 | contamination of the site. It shall be the responsibility of | ||||||
| 12 | the owner or operator seeking the permit or interim | ||||||
| 13 | authorization to provide to the Agency all of the information | ||||||
| 14 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
| 15 | may deny a permit or interim authorization if previous | ||||||
| 16 | activities at the site may have caused or allowed contamination | ||||||
| 17 | at the site, unless such contamination is authorized under any | ||||||
| 18 | permit issued by the Agency.
| ||||||
| 19 | (j) The issuance under this Act of a permit to engage in | ||||||
| 20 | the surface mining
of any resources other than fossil fuels | ||||||
| 21 | shall not relieve
the permittee from its duty to comply with | ||||||
| 22 | any applicable local law regulating
the commencement, location | ||||||
| 23 | or operation of surface mining facilities.
| ||||||
| 24 | (k) A development permit issued under subsection (a) of | ||||||
| 25 | Section 39 for any
facility or site which is required to have a | ||||||
| 26 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
| |||||||
| |||||||
| 1 | end of 2 calendar years from the date upon which
it was issued, | ||||||
| 2 | unless within that period the applicant has taken action to
| ||||||
| 3 | develop the facility or the site. In the event that review of | ||||||
| 4 | the
conditions of the development permit is sought pursuant to | ||||||
| 5 | Section 40 or
41, or permittee is prevented from commencing | ||||||
| 6 | development of the facility
or site by any other litigation | ||||||
| 7 | beyond the permittee's control, such
two-year period shall be | ||||||
| 8 | deemed to begin on the date upon which such review
process or | ||||||
| 9 | litigation is concluded.
| ||||||
| 10 | (l) No permit shall be issued by the Agency under this Act | ||||||
| 11 | for
construction or operation of any facility or site located | ||||||
| 12 | within the
boundaries of any setback zone established pursuant | ||||||
| 13 | to this Act, where such
construction or operation is | ||||||
| 14 | prohibited.
| ||||||
| 15 | (m) The Agency may issue permits to persons owning or | ||||||
| 16 | operating
a facility for composting landscape waste. In | ||||||
| 17 | granting such permits, the Agency
may impose such conditions as | ||||||
| 18 | may be necessary to accomplish the purposes of
this Act, and as | ||||||
| 19 | are not inconsistent with applicable regulations promulgated
| ||||||
| 20 | by the Board. Except as otherwise provided in this Act, a bond | ||||||
| 21 | or other
security shall not be required as a condition for the | ||||||
| 22 | issuance of a permit. If
the Agency denies any permit pursuant | ||||||
| 23 | to this subsection, the Agency shall
transmit to the applicant | ||||||
| 24 | within the time limitations of this subsection
specific, | ||||||
| 25 | detailed statements as to the reasons the permit application | ||||||
| 26 | was
denied. Such statements shall include but not be limited to | ||||||
| |||||||
| |||||||
| 1 | the following:
| ||||||
| 2 | (1) the Sections of this Act that may be violated if | ||||||
| 3 | the permit
were granted;
| ||||||
| 4 | (2) the specific regulations promulgated pursuant to | ||||||
| 5 | this
Act that may be violated if the permit were granted;
| ||||||
| 6 | (3) the specific information, if any, the Agency deems | ||||||
| 7 | the
applicant did not provide in its application to the | ||||||
| 8 | Agency; and
| ||||||
| 9 | (4) a statement of specific reasons why the Act and the | ||||||
| 10 | regulations
might be violated if the permit were granted.
| ||||||
| 11 | If no final action is taken by the Agency within 90 days | ||||||
| 12 | after the filing
of the application for permit, the applicant | ||||||
| 13 | may deem the permit issued.
Any applicant for a permit may | ||||||
| 14 | waive the 90-day limitation by filing a
written statement with | ||||||
| 15 | the Agency.
| ||||||
| 16 | The Agency shall issue permits for such facilities upon | ||||||
| 17 | receipt of an
application that includes a legal description of | ||||||
| 18 | the site, a topographic
map of the site drawn to the scale of | ||||||
| 19 | 200 feet to the inch or larger, a
description of the operation, | ||||||
| 20 | including the area served, an estimate of
the volume of | ||||||
| 21 | materials to be processed, and documentation that:
| ||||||
| 22 | (1) the facility includes a setback of at
least 200 | ||||||
| 23 | feet from the nearest potable water supply well;
| ||||||
| 24 | (2) the facility is located outside the boundary
of the | ||||||
| 25 | 10-year floodplain or the site will be floodproofed;
| ||||||
| 26 | (3) the facility is located so as to minimize
| ||||||
| |||||||
| |||||||
| 1 | incompatibility with the character of the surrounding | ||||||
| 2 | area, including at
least a 200 foot setback from any | ||||||
| 3 | residence, and in the case of a
facility that is developed | ||||||
| 4 | or the permitted composting area of which is
expanded after | ||||||
| 5 | November 17, 1991, the composting area is located at least | ||||||
| 6 | 1/8
mile from the nearest residence (other than a residence | ||||||
| 7 | located on the same
property as the facility);
| ||||||
| 8 | (4) the design of the facility will prevent any compost | ||||||
| 9 | material from
being placed within 5 feet of the water | ||||||
| 10 | table, will adequately control runoff
from the site, and | ||||||
| 11 | will collect and manage any leachate that is generated on
| ||||||
| 12 | the site;
| ||||||
| 13 | (5) the operation of the facility will include | ||||||
| 14 | appropriate dust
and odor control measures, limitations on | ||||||
| 15 | operating hours, appropriate
noise control measures for | ||||||
| 16 | shredding, chipping and similar equipment,
management | ||||||
| 17 | procedures for composting, containment and disposal of
| ||||||
| 18 | non-compostable wastes, procedures to be used for
| ||||||
| 19 | terminating operations at the site, and recordkeeping | ||||||
| 20 | sufficient to
document the amount of materials received, | ||||||
| 21 | composted and otherwise
disposed of; and
| ||||||
| 22 | (6) the operation will be conducted in accordance with | ||||||
| 23 | any applicable
rules adopted by the Board.
| ||||||
| 24 | The Agency shall issue renewable permits of not longer than | ||||||
| 25 | 10 years
in duration for the composting of landscape wastes, as | ||||||
| 26 | defined in Section
3.155 of this Act, based on the above | ||||||
| |||||||
| |||||||
| 1 | requirements.
| ||||||
| 2 | The operator of any facility permitted under this | ||||||
| 3 | subsection (m) must
submit a written annual statement to the | ||||||
| 4 | Agency on or before April 1 of
each year that includes an | ||||||
| 5 | estimate of the amount of material, in tons,
received for | ||||||
| 6 | composting.
| ||||||
| 7 | (n) The Agency shall issue permits jointly with the | ||||||
| 8 | Department of
Transportation for the dredging or deposit of | ||||||
| 9 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
| 10 | Rivers, Lakes, and Streams Act.
| ||||||
| 11 | (o) (Blank.)
| ||||||
| 12 | (p) (1) Any person submitting an application for a permit | ||||||
| 13 | for a new MSWLF
unit or for a lateral expansion under | ||||||
| 14 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
| 15 | unit that has not received and is not subject to local
siting | ||||||
| 16 | approval under Section 39.2 of this Act shall publish notice of | ||||||
| 17 | the
application in a newspaper of general circulation in the | ||||||
| 18 | county in which the
MSWLF unit is or is proposed to be located. | ||||||
| 19 | The notice must be published at
least 15 days before submission | ||||||
| 20 | of the permit application to the Agency. The
notice shall state | ||||||
| 21 | the name and address of the applicant, the location of the
| ||||||
| 22 | MSWLF unit or proposed MSWLF unit, the nature and size of the | ||||||
| 23 | MSWLF unit or
proposed MSWLF unit, the nature of the activity | ||||||
| 24 | proposed, the probable life of
the proposed activity, the date | ||||||
| 25 | the permit application will be submitted, and a
statement that | ||||||
| 26 | persons may file written comments with the Agency concerning | ||||||
| |||||||
| |||||||
| 1 | the
permit application within 30 days after the filing of the | ||||||
| 2 | permit application
unless the time period to submit comments is | ||||||
| 3 | extended by the Agency.
| ||||||
| 4 | When a permit applicant submits information to the Agency | ||||||
| 5 | to supplement a
permit application being reviewed by the | ||||||
| 6 | Agency, the applicant shall not be
required to reissue the | ||||||
| 7 | notice under this subsection.
| ||||||
| 8 | (2) The Agency shall accept written comments concerning the | ||||||
| 9 | permit
application that are postmarked no later than 30 days | ||||||
| 10 | after the
filing of the permit application, unless the time | ||||||
| 11 | period to accept comments is
extended by the Agency.
| ||||||
| 12 | (3) Each applicant for a permit described in part (1) of | ||||||
| 13 | this subsection
shall file a
copy of the permit application | ||||||
| 14 | with the county board or governing body of the
municipality in | ||||||
| 15 | which the MSWLF unit is or is proposed to be located at the
| ||||||
| 16 | same time the application is submitted to the Agency. The | ||||||
| 17 | permit application
filed with the county board or governing | ||||||
| 18 | body of the municipality shall include
all documents submitted | ||||||
| 19 | to or to be submitted to the Agency, except trade
secrets as | ||||||
| 20 | determined under Section 7.1 of this Act. The permit | ||||||
| 21 | application
and other documents on file with the county board | ||||||
| 22 | or governing body of the
municipality shall be made available | ||||||
| 23 | for public inspection during regular
business hours at the | ||||||
| 24 | office of the county board or the governing body of the
| ||||||
| 25 | municipality and may be copied upon payment of the actual cost | ||||||
| 26 | of
reproduction.
| ||||||
| |||||||
| |||||||
| 1 | (q) Within 6 months after July 12, 2011 (the effective date | ||||||
| 2 | of Public Act 97-95), the Agency, in consultation with the | ||||||
| 3 | regulated community, shall develop a web portal to be posted on | ||||||
| 4 | its website for the purpose of enhancing review and promoting | ||||||
| 5 | timely issuance of permits required by this Act. At a minimum, | ||||||
| 6 | the Agency shall make the following information available on | ||||||
| 7 | the web portal: | ||||||
| 8 | (1) Checklists and guidance relating to the completion | ||||||
| 9 | of permit applications, developed pursuant to subsection | ||||||
| 10 | (s) of this Section, which may include, but are not limited | ||||||
| 11 | to, existing instructions for completing the applications | ||||||
| 12 | and examples of complete applications. As the Agency | ||||||
| 13 | develops new checklists and develops guidance, it shall | ||||||
| 14 | supplement the web portal with those materials. | ||||||
| 15 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
| 16 | date of Public Act 97-95), permit application forms or | ||||||
| 17 | portions of permit applications that can be completed and | ||||||
| 18 | saved electronically, and submitted to the Agency | ||||||
| 19 | electronically with digital signatures. | ||||||
| 20 | (3) Within 2 years after July 12, 2011 (the effective | ||||||
| 21 | date of Public Act 97-95), an online tracking system where | ||||||
| 22 | an applicant may review the status of its pending | ||||||
| 23 | application, including the name and contact information of | ||||||
| 24 | the permit analyst assigned to the application. Until the | ||||||
| 25 | online tracking system has been developed, the Agency shall | ||||||
| 26 | post on its website semi-annual permitting efficiency | ||||||
| |||||||
| |||||||
| 1 | tracking reports that include statistics on the timeframes | ||||||
| 2 | for Agency action on the following types of permits | ||||||
| 3 | received after July 12, 2011 (the effective date of Public | ||||||
| 4 | Act 97-95): air construction permits, new NPDES permits and | ||||||
| 5 | associated water construction permits, and modifications | ||||||
| 6 | of major NPDES permits and associated water construction | ||||||
| 7 | permits. The reports must be posted by February 1 and | ||||||
| 8 | August 1 each year and shall include: | ||||||
| 9 | (A) the number of applications received for each | ||||||
| 10 | type of permit, the number of applications on which the | ||||||
| 11 | Agency has taken action, and the number of applications | ||||||
| 12 | still pending; and | ||||||
| 13 | (B) for those applications where the Agency has not | ||||||
| 14 | taken action in accordance with the timeframes set | ||||||
| 15 | forth in this Act, the date the application was | ||||||
| 16 | received and the reasons for any delays, which may | ||||||
| 17 | include, but shall not be limited to, (i) the | ||||||
| 18 | application being inadequate or incomplete, (ii) | ||||||
| 19 | scientific or technical disagreements with the | ||||||
| 20 | applicant, USEPA, or other local, state, or federal | ||||||
| 21 | agencies involved in the permitting approval process, | ||||||
| 22 | (iii) public opposition to the permit, or (iv) Agency | ||||||
| 23 | staffing shortages. To the extent practicable, the | ||||||
| 24 | tracking report shall provide approximate dates when | ||||||
| 25 | cause for delay was identified by the Agency, when the | ||||||
| 26 | Agency informed the applicant of the problem leading to | ||||||
| |||||||
| |||||||
| 1 | the delay, and when the applicant remedied the reason | ||||||
| 2 | for the delay. | ||||||
| 3 | (r) Upon the request of the applicant, the Agency shall | ||||||
| 4 | notify the applicant of the permit analyst assigned to the | ||||||
| 5 | application upon its receipt. | ||||||
| 6 | (s) The Agency is authorized to prepare and distribute | ||||||
| 7 | guidance documents relating to its administration of this | ||||||
| 8 | Section and procedural rules implementing this Section. | ||||||
| 9 | Guidance documents prepared under this subsection shall not be | ||||||
| 10 | considered rules and shall not be subject to the Illinois | ||||||
| 11 | Administrative Procedure Act. Such guidance shall not be | ||||||
| 12 | binding on any party. | ||||||
| 13 | (t) Except as otherwise prohibited by federal law or | ||||||
| 14 | regulation, any person submitting an application for a permit | ||||||
| 15 | may include with the application suggested permit language for | ||||||
| 16 | Agency consideration. The Agency is not obligated to use the | ||||||
| 17 | suggested language or any portion thereof in its permitting | ||||||
| 18 | decision. If requested by the permit applicant, the Agency | ||||||
| 19 | shall meet with the applicant to discuss the suggested | ||||||
| 20 | language. | ||||||
| 21 | (u) If requested by the permit applicant, the Agency shall | ||||||
| 22 | provide the permit applicant with a copy of the draft permit | ||||||
| 23 | prior to any public review period. | ||||||
| 24 | (v) If requested by the permit applicant, the Agency shall | ||||||
| 25 | provide the permit applicant with a copy of the final permit | ||||||
| 26 | prior to its issuance. | ||||||
| |||||||
| |||||||
| 1 | (w) An air pollution permit shall not be required due to | ||||||
| 2 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
| 3 | this Act. | ||||||
| 4 | (x) If, before the expiration of a State operating permit | ||||||
| 5 | that is issued pursuant to subsection (a) of this Section and | ||||||
| 6 | contains federally enforceable conditions limiting the | ||||||
| 7 | potential to emit of the source to a level below the major | ||||||
| 8 | source threshold for that source so as to exclude the source | ||||||
| 9 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
| 10 | complete application for the renewal of that permit, then all | ||||||
| 11 | of the terms and conditions of the permit shall remain in | ||||||
| 12 | effect until final administrative action has been taken on the | ||||||
| 13 | application for the renewal of the permit. | ||||||
| 14 | (y) The Agency may issue permits exclusively under this | ||||||
| 15 | subsection to persons owning or operating a CCR surface | ||||||
| 16 | impoundment subject to Section 22.59. | ||||||
| 17 | All CCR surface impoundment permits shall contain those | ||||||
| 18 | terms and conditions, including, but not limited to, schedules | ||||||
| 19 | of compliance, which may be required to accomplish the purposes | ||||||
| 20 | and provisions of this Act, Board regulations, the Illinois | ||||||
| 21 | Groundwater Protection Act and regulations pursuant thereto, | ||||||
| 22 | and the Resource Conservation and Recovery Act and regulations | ||||||
| 23 | pursuant thereto, and may include schedules for achieving | ||||||
| 24 | compliance therewith as soon as possible. | ||||||
| 25 | The Board shall adopt filing requirements and procedures | ||||||
| 26 | that are necessary and appropriate for the issuance of CCR | ||||||
| |||||||
| |||||||
| 1 | surface impoundment permits and that are consistent with this | ||||||
| 2 | Act or regulations adopted by the Board, and with the RCRA, as | ||||||
| 3 | amended, and regulations pursuant thereto. | ||||||
| 4 | The applicant shall make available to the public for | ||||||
| 5 | inspection all documents submitted by the applicant to the | ||||||
| 6 | Agency in furtherance of an application, with the exception of | ||||||
| 7 | trade secrets, on its public internet website as well as at the | ||||||
| 8 | office of the county board or governing body of the | ||||||
| 9 | municipality where CCR from the CCR surface impoundment will be | ||||||
| 10 | permanently disposed. Such documents may be copied upon payment | ||||||
| 11 | of the actual cost of reproduction during regular business | ||||||
| 12 | hours of the local office. | ||||||
| 13 | The Agency shall issue a written statement concurrent with | ||||||
| 14 | its grant or denial of the permit explaining the basis for its | ||||||
| 15 | decision. | ||||||
| 16 | (Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
| ||||||
| 17 | (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
| ||||||
| 18 | Sec. 40. Appeal of permit denial.
| ||||||
| 19 | (a)(1) If the Agency refuses to grant or grants with | ||||||
| 20 | conditions a permit
under Section 39 of this Act, the applicant | ||||||
| 21 | may, within 35 days after the
date on which the Agency served | ||||||
| 22 | its decision on the applicant, petition for
a hearing before | ||||||
| 23 | the Board to contest the decision of the Agency. However,
the | ||||||
| 24 | 35-day period for petitioning for a hearing may be extended for | ||||||
| 25 | an
additional period of time not to exceed 90 days by written | ||||||
| |||||||
| |||||||
| 1 | notice
provided to the Board from the applicant and the Agency | ||||||
| 2 | within the initial
appeal period. The Board shall give 21 days' | ||||||
| 3 | notice to any person in the
county where is located the | ||||||
| 4 | facility in issue who has requested notice of
enforcement | ||||||
| 5 | proceedings and to each member of the General Assembly in whose
| ||||||
| 6 | legislative district that installation or property is located; | ||||||
| 7 | and shall
publish that 21-day notice in a newspaper of general | ||||||
| 8 | circulation in that
county. The Agency shall appear as | ||||||
| 9 | respondent in such hearing. At such
hearing the rules | ||||||
| 10 | prescribed in Section 32 and subsection (a) of Section 33 of
| ||||||
| 11 | this Act shall apply, and the burden of proof shall be on the | ||||||
| 12 | petitioner. If,
however, the Agency issues an NPDES permit that | ||||||
| 13 | imposes limits which are based
upon a criterion or denies a | ||||||
| 14 | permit based upon application of a criterion,
then the Agency | ||||||
| 15 | shall have the burden of going forward with the basis for
the | ||||||
| 16 | derivation of those limits or criterion which were derived | ||||||
| 17 | under the
Board's rules.
| ||||||
| 18 | (2) Except as provided in paragraph (a)(3), if there is no | ||||||
| 19 | final action by
the Board within 120 days after the date on | ||||||
| 20 | which it received the petition,
the petitioner may deem the | ||||||
| 21 | permit issued under this Act, provided,
however, that that | ||||||
| 22 | period of 120 days shall not run for any period of time,
not to | ||||||
| 23 | exceed 30 days, during which the Board is without sufficient | ||||||
| 24 | membership
to constitute the quorum required by subsection (a) | ||||||
| 25 | of Section 5 of this Act,
and provided further that such 120 | ||||||
| 26 | day period shall not be stayed for lack of
quorum beyond 30 | ||||||
| |||||||
| |||||||
| 1 | days regardless of whether the lack of quorum exists at the
| ||||||
| 2 | beginning of such 120-day period or occurs during the running | ||||||
| 3 | of such 120-day
period.
| ||||||
| 4 | (3) Paragraph (a)(2) shall not apply to any permit which is | ||||||
| 5 | subject
to subsection (b), (d) or (e) of Section 39. If there | ||||||
| 6 | is no final action by
the Board within 120 days after the date | ||||||
| 7 | on which it received the petition,
the petitioner shall be | ||||||
| 8 | entitled to an Appellate Court order pursuant to
subsection (d) | ||||||
| 9 | of Section 41 of this Act.
| ||||||
| 10 | (b) If the Agency grants a RCRA permit for a hazardous | ||||||
| 11 | waste disposal site,
a third party, other than the permit | ||||||
| 12 | applicant or Agency, may, within 35
days after the date on | ||||||
| 13 | which the Agency issued its decision, petition the
Board for a | ||||||
| 14 | hearing to contest the issuance of the permit.
Unless the Board | ||||||
| 15 | determines that such petition is duplicative or frivolous, or | ||||||
| 16 | that the petitioner is so located as to
not be affected by the | ||||||
| 17 | permitted facility, the Board shall hear the
petition in | ||||||
| 18 | accordance with the terms of subsection (a) of this Section
and | ||||||
| 19 | its procedural rules governing denial appeals, such hearing to | ||||||
| 20 | be
based exclusively on the record before the Agency. The | ||||||
| 21 | burden of proof
shall be on the petitioner. The Agency and the | ||||||
| 22 | permit applicant shall
be named co-respondents.
| ||||||
| 23 | The provisions of this subsection do not apply to the | ||||||
| 24 | granting of permits
issued for the disposal or utilization of | ||||||
| 25 | sludge from publicly owned publicly-owned sewage
works.
| ||||||
| 26 | (c) Any party to an Agency proceeding conducted pursuant to | ||||||
| |||||||
| |||||||
| 1 | Section
39.3 of this Act may petition as of right to the Board | ||||||
| 2 | for review of the
Agency's decision within 35 days from the | ||||||
| 3 | date of issuance of the Agency's
decision, provided that such | ||||||
| 4 | appeal is not duplicative
or frivolous.
However, the 35-day | ||||||
| 5 | period for petitioning for a hearing may be extended
by the | ||||||
| 6 | applicant for a period of time not to exceed 90 days by written | ||||||
| 7 | notice
provided to the Board from the applicant and the Agency | ||||||
| 8 | within the initial
appeal period. If another person with | ||||||
| 9 | standing to appeal wishes to obtain
an extension, there must be | ||||||
| 10 | a written notice provided to the Board by that
person, the | ||||||
| 11 | Agency, and the applicant, within the initial appeal period.
| ||||||
| 12 | The decision of the Board shall be based exclusively on the | ||||||
| 13 | record compiled
in the Agency proceeding. In other respects the | ||||||
| 14 | Board's review shall be
conducted in accordance with subsection | ||||||
| 15 | (a) of this Section and the Board's
procedural rules governing | ||||||
| 16 | permit denial appeals.
| ||||||
| 17 | (d) In reviewing the denial or any condition of a NA NSR | ||||||
| 18 | permit issued by the
Agency pursuant to rules and regulations | ||||||
| 19 | adopted under subsection (c)
of Section 9.1 of this Act, the | ||||||
| 20 | decision of the Board
shall be based exclusively on the record | ||||||
| 21 | before the Agency including the
record of the hearing, if any, | ||||||
| 22 | unless the parties agree to supplement the record. The Board | ||||||
| 23 | shall, if
it finds the Agency is in error, make a final | ||||||
| 24 | determination as to the
substantive limitations of the permit | ||||||
| 25 | including a final determination of
Lowest Achievable Emission | ||||||
| 26 | Rate.
| ||||||
| |||||||
| |||||||
| 1 | (e)(1) If the Agency grants or denies a permit under | ||||||
| 2 | subsection (b) of
Section 39 of this Act, a third party, other | ||||||
| 3 | than the permit applicant or
Agency, may petition the Board | ||||||
| 4 | within 35 days from the date of issuance of
the Agency's | ||||||
| 5 | decision, for a hearing to contest the decision of the Agency.
| ||||||
| 6 | (2) A petitioner shall include the following within a | ||||||
| 7 | petition submitted
under subdivision (1) of this subsection:
| ||||||
| 8 | (A) a demonstration that the petitioner raised the | ||||||
| 9 | issues contained
within the petition during the public | ||||||
| 10 | notice period or during the public
hearing on the NPDES | ||||||
| 11 | permit application, if a public hearing was held; and
| ||||||
| 12 | (B) a demonstration that the petitioner is so situated | ||||||
| 13 | as to be
affected by the permitted facility.
| ||||||
| 14 | (3) If the Board determines that the petition is not | ||||||
| 15 | duplicative or frivolous and contains a satisfactory | ||||||
| 16 | demonstration under
subdivision (2) of this subsection, the | ||||||
| 17 | Board shall hear the petition (i) in
accordance with the terms | ||||||
| 18 | of subsection (a) of this Section and its procedural
rules | ||||||
| 19 | governing permit denial appeals and (ii) exclusively on the | ||||||
| 20 | basis of the
record before the Agency. The burden of proof | ||||||
| 21 | shall be on the petitioner.
The Agency and permit applicant | ||||||
| 22 | shall be named co-respondents.
| ||||||
| 23 | (f) Any person who files a petition to contest the issuance | ||||||
| 24 | of a
permit by the Agency shall pay a filing fee.
| ||||||
| 25 | (g) If the Agency grants or denies a permit under | ||||||
| 26 | subsection (y) of Section 39, a third party, other than the | ||||||
| |||||||
| |||||||
| 1 | permit applicant or Agency, may appeal the Agency's decision as | ||||||
| 2 | provided under federal law for CCR surface impoundment permits. | ||||||
| 3 | (Source: P.A. 100-201, eff. 8-18-17; 101-171, eff. 7-30-19; | ||||||
| 4 | revised 9-12-19.)
| ||||||
| 5 | Section 565. The Illinois Pesticide Act is amended by | ||||||
| 6 | changing Section 5 as follows:
| ||||||
| 7 | (415 ILCS 60/5) (from Ch. 5, par. 805)
| ||||||
| 8 | Sec. 5. Misbranded. : The term misbranded shall apply:
| ||||||
| 9 | 1. To any pesticide or device designated as requiring | ||||||
| 10 | registration by
the Director under authority of this Act: ;
| ||||||
| 11 | A. If its labeling bears any statement or graphic | ||||||
| 12 | representation relating
to labeling or to the | ||||||
| 13 | ingredients which is misleading or false in any | ||||||
| 14 | particular.
| ||||||
| 15 | B. If it is an imitation of, or is distributed | ||||||
| 16 | under, the name of another pesticide.
| ||||||
| 17 | C. If any word, statement, or other required | ||||||
| 18 | information is not prominently
placed upon the label or | ||||||
| 19 | labeled with such conspicuousness and in such terms
as | ||||||
| 20 | to render it readable and understandable by the | ||||||
| 21 | ordinary person under
customary conditions of purchase | ||||||
| 22 | and use.
| ||||||
| 23 | 2. To any pesticide: ;
| ||||||
| 24 | A. If the labeling does not contain a statement of | ||||||
| |||||||
| |||||||
| 1 | the federal Federal use classification
under which the | ||||||
| 2 | product is registered.
| ||||||
| 3 | B. If the labeling accompanying it does not contain | ||||||
| 4 | directions for use
which are necessary for effecting | ||||||
| 5 | the purpose for which the product is intended
and any | ||||||
| 6 | precautions or requirements imposed by FIFRA
which, if | ||||||
| 7 | complied with, are adequate to protect health and the | ||||||
| 8 | environment.
| ||||||
| 9 | C. If the label does not bear: ;
| ||||||
| 10 | i. Name, brand or trademark under which the | ||||||
| 11 | pesticide is distributed.
| ||||||
| 12 | ii. An ingredient statement on that part of the | ||||||
| 13 | immediate container which
is presented or | ||||||
| 14 | customarily displayed under usual conditions of | ||||||
| 15 | purchase.
| ||||||
| 16 | iii. A warning or caution statement | ||||||
| 17 | commensurate with the toxicity categories
levels | ||||||
| 18 | assigned by USEPA.
| ||||||
| 19 | iv. The net weight or measure of contents.
| ||||||
| 20 | v. The name and address of the manufacturer, | ||||||
| 21 | registrant, or person for
whom manufactured.
| ||||||
| 22 | vi. The USEPA registration number assigned to | ||||||
| 23 | the pesticide as well as
the USEPA number assigned | ||||||
| 24 | to the producing or manufacturing establishment
in | ||||||
| 25 | which the pesticide was produced.
| ||||||
| 26 | D. If the pesticide contains any substance or | ||||||
| |||||||
| |||||||
| 1 | substances highly toxic
to man (as defined in the | ||||||
| 2 | USEPA) unless the label bears, in addition to
other | ||||||
| 3 | label requirements: ;
| ||||||
| 4 | i. The skull and crossbones.
| ||||||
| 5 | ii. The word "POISON" in red prominently | ||||||
| 6 | displayed on a contrasting background.
| ||||||
| 7 | iii. A statement of practical treatment in | ||||||
| 8 | case of poisoning by the pesticide.
| ||||||
| 9 | E. If the pesticide container does not bear a | ||||||
| 10 | registered label, is not
accompanied by registered | ||||||
| 11 | labeling instructions, does not bear a label | ||||||
| 12 | registered
for "experimental use only", or does not | ||||||
| 13 | bear a label showing SLN registration.
| ||||||
| 14 | F. If the pesticide container is not in compliance | ||||||
| 15 | with child
resistant packaging requirements as set | ||||||
| 16 | forth by the USEPA.
| ||||||
| 17 | (Source: P.A. 85-177; revised 7-16-19.)
| ||||||
| 18 | Section 570. The Mercury Switch Removal Act is amended by | ||||||
| 19 | changing Section 15 as follows:
| ||||||
| 20 | (415 ILCS 97/15) | ||||||
| 21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 22 | Sec. 15. Mercury switch collection programs. | ||||||
| 23 | (a) Within 60 days of April 24, 2006 (the effective date of | ||||||
| 24 | this Act), manufacturers of vehicles in Illinois that contain | ||||||
| |||||||
| |||||||
| 1 | mercury switches must begin to implement a mercury switch | ||||||
| 2 | collection program that facilitates the removal of mercury | ||||||
| 3 | switches from end-of-life vehicles before the vehicles are | ||||||
| 4 | flattened, crushed, shredded, or otherwise processed for | ||||||
| 5 | recycling and to collect and properly manage mercury switches | ||||||
| 6 | in accordance with the Environmental Protection Act and | ||||||
| 7 | regulations adopted thereunder. In order to ensure that the | ||||||
| 8 | mercury switches are removed and collected in a safe and | ||||||
| 9 | consistent manner, manufacturers must, to the extent | ||||||
| 10 | practicable, use the currently available end-of-life vehicle | ||||||
| 11 | recycling infrastructure. The collection program must be | ||||||
| 12 | designed to achieve capture rates of not less than (i) 35% for | ||||||
| 13 | the period of July 1, 2006, through June 30, 2007; (ii) 50% for | ||||||
| 14 | the period of July 1, 2007, through June 30, 2008; and (iii) | ||||||
| 15 | 70% for the period of July 1, 2008, through June 30, 2009 and | ||||||
| 16 | for each subsequent period of July 1 through June 30. At a | ||||||
| 17 | minimum, the collection program must: | ||||||
| 18 | (1) Develop and provide educational materials that | ||||||
| 19 | include guidance as to which vehicles may contain mercury | ||||||
| 20 | switches and procedures for locating and removing mercury | ||||||
| 21 | switches. The materials may include, but are not limited | ||||||
| 22 | to, brochures, fact sheets, and videos. | ||||||
| 23 | (2) Conduct outreach activities to encourage vehicle | ||||||
| 24 | recyclers and vehicle crushers to participate in the | ||||||
| 25 | mercury switch collection program. The activities may | ||||||
| 26 | include, but are not limited to, direct mailings, | ||||||
| |||||||
| |||||||
| 1 | workshops, and site visits.
| ||||||
| 2 | (3) Provide storage containers to participating | ||||||
| 3 | vehicle recyclers and vehicle crushers for mercury | ||||||
| 4 | switches removed under the program.
| ||||||
| 5 | (4) Provide a collection and transportation system to | ||||||
| 6 | periodically collect and replace filled storage containers | ||||||
| 7 | from vehicle recyclers, vehicle crushers, and scrap metal | ||||||
| 8 | recyclers, either upon notification that a storage | ||||||
| 9 | container is full or on a schedule predetermined by the | ||||||
| 10 | manufacturers. | ||||||
| 11 | (5) Establish an entity that will serve as a point of | ||||||
| 12 | contact for the collection program and that will establish, | ||||||
| 13 | implement, and oversee the collection program on behalf of | ||||||
| 14 | the manufacturers. | ||||||
| 15 | (6) Track participation in the collection program and | ||||||
| 16 | the progress of mercury switch removals and collections.
| ||||||
| 17 | (b) Within 90 days of April 24, 2006 (the effective date of | ||||||
| 18 | this Act), manufacturers of vehicles in Illinois that contain | ||||||
| 19 | mercury switches must submit to the Agency an implementation | ||||||
| 20 | plan that describes how the collection program under subsection | ||||||
| 21 | (a) of this Section will be carried out for the duration of the | ||||||
| 22 | program and how the program will achieve the capture rates set | ||||||
| 23 | forth in subsection (a) of this Section. At a minimum, the | ||||||
| 24 | implementation plan must: | ||||||
| 25 | (A) Identify the educational materials that will | ||||||
| 26 | assist vehicle recyclers, vehicle crushers, and scrap | ||||||
| |||||||
| |||||||
| 1 | metal processors in identifying, removing, and properly | ||||||
| 2 | managing mercury switches removed from end-of-life | ||||||
| 3 | vehicles.
| ||||||
| 4 | (B) Describe the outreach program that will be | ||||||
| 5 | undertaken to encourage vehicle recyclers and vehicle | ||||||
| 6 | crushers to participate in the mercury switch collection | ||||||
| 7 | program.
| ||||||
| 8 | (C) Describe how the manufacturers will ensure that | ||||||
| 9 | mercury switches removed from end-of-life vehicles are | ||||||
| 10 | managed in accordance with the Illinois Environmental | ||||||
| 11 | Protection Act and regulations adopted thereunder. | ||||||
| 12 | (D) Describe how the manufacturers will collect and | ||||||
| 13 | document the information required in the quarterly reports | ||||||
| 14 | submitted pursuant to subsection (e) of this Section.
| ||||||
| 15 | (E) Describe how the collection program will be | ||||||
| 16 | financed and implemented. | ||||||
| 17 | (F) Identify the manufacturer's address to which the | ||||||
| 18 | Agency should send the notice required under subsection (f) | ||||||
| 19 | of this Section.
| ||||||
| 20 | The Agency shall review the collection program plans it | ||||||
| 21 | receives for completeness and shall notify the manufacturer in | ||||||
| 22 | writing if a plan is incomplete. Within 30 days after receiving | ||||||
| 23 | a notification of incompleteness from the Agency, the | ||||||
| 24 | manufacturer shall submit to the Agency a plan that contains | ||||||
| 25 | all of the required information. | ||||||
| 26 | (c) The Agency must provide assistance to manufacturers in | ||||||
| |||||||
| |||||||
| 1 | their implementation of the collection program required under | ||||||
| 2 | this Section. The assistance shall include providing | ||||||
| 3 | manufacturers with information about businesses likely to be | ||||||
| 4 | engaged in vehicle recycling or vehicle crushing, conducting | ||||||
| 5 | site visits to promote participation in the collection program, | ||||||
| 6 | and assisting with the scheduling, locating, and staffing of | ||||||
| 7 | workshops conducted to encourage vehicle recyclers and vehicle | ||||||
| 8 | crushers to participate in the collection program. | ||||||
| 9 | (d) Manufacturers subject to the collection program | ||||||
| 10 | requirements of this Section shall provide, to the extent | ||||||
| 11 | practicable, the opportunity for trade associations of vehicle | ||||||
| 12 | recyclers, vehicle crushers, and scrap metal recyclers to be | ||||||
| 13 | involved in the delivery and dissemination of educational | ||||||
| 14 | materials regarding the identification, removal, collection, | ||||||
| 15 | and proper management of mercury switches in end-of-life | ||||||
| 16 | vehicles. | ||||||
| 17 | (e) (Blank). | ||||||
| 18 | (f) If the reports required under this Act indicate that | ||||||
| 19 | the capture rates set forth in subsection (a) of this Section | ||||||
| 20 | for the period of July 1, 2007, through June 30, 2008, or for | ||||||
| 21 | any subsequent period have not been met, the Agency shall | ||||||
| 22 | provide notice that the capture rate was not met; provided, | ||||||
| 23 | however, that the Agency is not required to provide notice if | ||||||
| 24 | it determines that the capture rate was not met due to a force | ||||||
| 25 | majeure. The Agency shall provide the notice by posting a | ||||||
| 26 | statement on its website and by sending a written notice via | ||||||
| |||||||
| |||||||
| 1 | certified mail to the manufacturers subject to the collection | ||||||
| 2 | program requirement of this Section at the addresses provided | ||||||
| 3 | in the manufacturers' collection plans. Once the Agency | ||||||
| 4 | provides notice pursuant to this subsection (f), it is not | ||||||
| 5 | required to provide notice in subsequent periods in which the | ||||||
| 6 | capture rate is not met. | ||||||
| 7 | (g) Beginning 30 days after the Agency first provides | ||||||
| 8 | notice pursuant to subsection (f) of this Section, the | ||||||
| 9 | following shall apply: | ||||||
| 10 | (1) Vehicle recyclers must remove all mercury switches | ||||||
| 11 | from each end-of-life vehicle before delivering the | ||||||
| 12 | vehicle to an on-site or off-site vehicle crusher or to a | ||||||
| 13 | scrap metal recycler, provided that a vehicle recycler is | ||||||
| 14 | not required to remove a mercury switch that is | ||||||
| 15 | inaccessible due to significant damage to the vehicle in | ||||||
| 16 | the area surrounding the mercury switch that occurred | ||||||
| 17 | before the vehicle recycler's receipt of the vehicle in | ||||||
| 18 | which case the damage must be noted in the records the | ||||||
| 19 | vehicle recycler is required to maintain under subsection | ||||||
| 20 | (c) of Section 10 of this Act. | ||||||
| 21 | (2) No vehicle recycler, vehicle crusher, or scrap | ||||||
| 22 | metal recycler shall flatten, crush, or otherwise process | ||||||
| 23 | an end-of-life vehicle for recycling unless all mercury | ||||||
| 24 | switches have been removed from the vehicle, provided that | ||||||
| 25 | a mercury switch that is inaccessible due to significant | ||||||
| 26 | damage to the vehicle in the area surrounding the mercury | ||||||
| |||||||
| |||||||
| 1 | switch that occurred before the vehicle recycler's, | ||||||
| 2 | vehicle crusher's, or scrap metal recycler's receipt of the | ||||||
| 3 | vehicle is not required to be removed. The damage must
be | ||||||
| 4 | noted in the records the vehicle recycler or vehicle | ||||||
| 5 | crusher is required to maintain under subsection (c) of | ||||||
| 6 | Section 10 of this Act. | ||||||
| 7 | (3) Notwithstanding paragraphs (1) through (2) of this | ||||||
| 8 | subsection (g), a scrap metal recycler may agree to accept | ||||||
| 9 | an end-of-life vehicle that contains one or more mercury | ||||||
| 10 | switches and that has not been flattened, crushed, | ||||||
| 11 | shredded, or otherwise processed for recycling provided | ||||||
| 12 | the scrap metal recycler removes all mercury switches from | ||||||
| 13 | the vehicle before the vehicle is flattened, crushed, | ||||||
| 14 | shredded, or otherwise processed for recycling. Scrap | ||||||
| 15 | metal recyclers are not required to remove a mercury switch | ||||||
| 16 | that is inaccessible due to significant damage to the | ||||||
| 17 | vehicle in the area surrounding the mercury switch that | ||||||
| 18 | occurred before the scrap metal recycler's receipt of the | ||||||
| 19 | vehicle. The damage must be noted in the records the scrap | ||||||
| 20 | metal recycler is required to maintain under subsection (c) | ||||||
| 21 | of Section 10 of this Act. | ||||||
| 22 | (4) Manufacturers subject to the collection program | ||||||
| 23 | requirements of this Section must provide to vehicle | ||||||
| 24 | recyclers, vehicle crushers, and scrap metal recyclers the | ||||||
| 25 | following compensation for all mercury switches removed | ||||||
| 26 | from end-of-life vehicles on or after the date of the | ||||||
| |||||||
| |||||||
| 1 | notice: $2.00 for each mercury switch removed by the | ||||||
| 2 | vehicle recycler, vehicle crusher, or the scrap metal | ||||||
| 3 | recycler, the costs of the containers in which the mercury | ||||||
| 4 | switches are collected, and the costs of packaging and | ||||||
| 5 | transporting the mercury switches off-site.
Payment of | ||||||
| 6 | this compensation must be provided in a prompt manner. | ||||||
| 7 | (h) In meeting the requirements of this Section, | ||||||
| 8 | manufacturers may work individually or as part of a group of 2 | ||||||
| 9 | or more manufacturers.
| ||||||
| 10 | (Source: P.A. 101-81, eff. 7-12-19; revised 9-12-19.)
| ||||||
| 11 | Section 575. The Fire Investigation Act is amended by | ||||||
| 12 | changing Section 13.1 as follows:
| ||||||
| 13 | (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
| ||||||
| 14 | Sec. 13.1. Fire Prevention Fund. | ||||||
| 15 | (a) There shall be a special fund in the State Treasury
| ||||||
| 16 | known as the Fire Prevention Fund.
| ||||||
| 17 | (b) The following moneys shall be deposited into the Fund:
| ||||||
| 18 | (1) Moneys received by the Department of Insurance | ||||||
| 19 | under Section 12 of this Act.
| ||||||
| 20 | (2) All fees and reimbursements received by the Office.
| ||||||
| 21 | (3) All receipts from boiler and pressure vessel | ||||||
| 22 | certification, as
provided in Section 13 of the Boiler and | ||||||
| 23 | Pressure Vessel Safety Act.
| ||||||
| 24 | (4) Such other moneys as may be provided by law.
| ||||||
| |||||||
| |||||||
| 1 | (c) The moneys in the Fire Prevention Fund shall be used, | ||||||
| 2 | subject to
appropriation, for the following purposes:
| ||||||
| 3 | (1) Of the moneys deposited into the fund under Section | ||||||
| 4 | 12 of this Act,
12.5% shall be available for the | ||||||
| 5 | maintenance of the Illinois Fire Service
Institute and the | ||||||
| 6 | expenses, facilities, and structures incident thereto,
and | ||||||
| 7 | for making transfers into the General Obligation Bond | ||||||
| 8 | Retirement and
Interest Fund for debt service requirements | ||||||
| 9 | on bonds issued by the State of
Illinois after January 1, | ||||||
| 10 | 1986 for the purpose of constructing a training
facility | ||||||
| 11 | for use by the Institute. An additional 2.5% of the moneys | ||||||
| 12 | deposited into the Fire Prevention Fund shall be available | ||||||
| 13 | to the Illinois Fire Service Institute for support of the | ||||||
| 14 | Cornerstone Training Program.
| ||||||
| 15 | (2) Of the moneys deposited into the Fund under Section | ||||||
| 16 | 12 of this Act,
10% shall be available for the maintenance | ||||||
| 17 | of the Chicago Fire Department
Training Program and the | ||||||
| 18 | expenses, facilities, and structures incident
thereto, in | ||||||
| 19 | addition to any moneys payable from the Fund to the City of
| ||||||
| 20 | Chicago pursuant to the Illinois Fire Protection Training | ||||||
| 21 | Act.
| ||||||
| 22 | (3) For making payments to local governmental agencies | ||||||
| 23 | and individuals
pursuant to Section 10 of the Illinois Fire | ||||||
| 24 | Protection Training Act.
| ||||||
| 25 | (4) For the maintenance and operation of the Office of | ||||||
| 26 | the State Fire
Marshal, and the expenses incident thereto.
| ||||||
| |||||||
| |||||||
| 1 | (4.5) For the maintenance, operation, and capital | ||||||
| 2 | expenses of the Mutual Aid Box Alarm System (MABAS). | ||||||
| 3 | (4.6) For grants awarded by the Small Fire-fighting and | ||||||
| 4 | Ambulance Service Equipment Grant Program established by | ||||||
| 5 | Section 2.7 of the State Fire Marshal Act. | ||||||
| 6 | (5) For any other purpose authorized by law.
| ||||||
| 7 | (c-5) As soon as possible after April 8, 2008 (the | ||||||
| 8 | effective date of Public Act 95-717), the Comptroller shall | ||||||
| 9 | order the transfer and the Treasurer shall transfer $2,000,000 | ||||||
| 10 | from the Fire Prevention Fund to the Fire Service and Small | ||||||
| 11 | Equipment Fund, $9,000,000 from the Fire Prevention Fund to the | ||||||
| 12 | Fire Truck Revolving Loan Fund, and $4,000,000 from the Fire | ||||||
| 13 | Prevention Fund to the Ambulance Revolving Loan Fund. Beginning | ||||||
| 14 | on July 1, 2008, each month, or as soon as practical | ||||||
| 15 | thereafter, an amount equal to $2 from each fine received shall | ||||||
| 16 | be transferred from the Fire Prevention Fund to the Fire | ||||||
| 17 | Service and Small Equipment Fund, an amount equal to $1.50 from | ||||||
| 18 | each fine received shall be transferred from the Fire | ||||||
| 19 | Prevention Fund to the Fire Truck Revolving Loan Fund, and an | ||||||
| 20 | amount equal to $4 from each fine received shall be transferred | ||||||
| 21 | from the Fire Prevention Fund to the Ambulance Revolving Loan | ||||||
| 22 | Fund. These moneys shall be transferred from the moneys | ||||||
| 23 | deposited into the Fire Prevention Fund pursuant to Public Act | ||||||
| 24 | 95-154, together with not more than 25% of any unspent | ||||||
| 25 | appropriations from the prior fiscal year. These moneys may be | ||||||
| 26 | allocated to the Fire Truck Revolving Loan Fund, Ambulance | ||||||
| |||||||
| |||||||
| 1 | Revolving Loan Fund, and Fire Service and Small Equipment Fund | ||||||
| 2 | at the discretion of the Office for the purpose of | ||||||
| 3 | implementation of this Act.
| ||||||
| 4 | (d) Any portion of the Fire Prevention Fund remaining | ||||||
| 5 | unexpended at the
end of any fiscal year which is not needed | ||||||
| 6 | for the maintenance and expenses of the
Office or the | ||||||
| 7 | maintenance and expenses of the
Illinois Fire Service | ||||||
| 8 | Institute, shall remain in the Fire Prevention Fund for the | ||||||
| 9 | exclusive and restricted uses provided in subsections
(c) and | ||||||
| 10 | (c-5) of this Section.
| ||||||
| 11 | (e) The Office shall keep on file an itemized
statement of | ||||||
| 12 | all expenses incurred which are payable from the Fund, other
| ||||||
| 13 | than expenses incurred by the Illinois Fire Service Institute, | ||||||
| 14 | and shall
approve all vouchers issued therefor before they are | ||||||
| 15 | submitted to the State
Comptroller for payment. Such vouchers | ||||||
| 16 | shall be allowed and paid in the
same manner as other claims | ||||||
| 17 | against the State.
| ||||||
| 18 | (Source: P.A. 101-82, eff. 1-1-20; revised 9-12-19.)
| ||||||
| 19 | Section 580. The Firearm Dealer License Certification Act | ||||||
| 20 | is amended by changing Sections 5-1 and 5-5 as follows:
| ||||||
| 21 | (430 ILCS 68/5-1)
| ||||||
| 22 | Sec. 5-1. Short title. This Article 5 1 may be cited as | ||||||
| 23 | the Firearm Dealer License Certification Act. References in | ||||||
| 24 | this Article to "this Act" mean this Article.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-1178, eff. 1-18-19; revised 7-16-19.)
| ||||||
| 2 | (430 ILCS 68/5-5)
| ||||||
| 3 | Sec. 5-5. Definitions. In this Act: | ||||||
| 4 | "Certified licensee" means a licensee that has previously | ||||||
| 5 | certified its license with the Department
under this Act. | ||||||
| 6 | "Department" means the Department of State Police. | ||||||
| 7 | "Director" means the Director of State Police. | ||||||
| 8 | "Entity" means any person, firm, corporation, group of | ||||||
| 9 | individuals, or other legal entity. | ||||||
| 10 | "Inventory" means firearms in the possession of an | ||||||
| 11 | individual or entity for the purpose of sale or
transfer.
| ||||||
| 12 | "License" means a Federal Firearms License authorizing a | ||||||
| 13 | person or entity to engage in the business of
dealing firearms.
| ||||||
| 14 | "Licensee" means a person, firm, corporation, or other | ||||||
| 15 | entity who has been given, and is currently in
possession of, a | ||||||
| 16 | valid Federal Firearms License. | ||||||
| 17 | "Retail location" means a store open to the public from | ||||||
| 18 | which a certified licensee
engages in the business of selling, | ||||||
| 19 | transferring, or facilitating a sale or transfer of a firearm.
| ||||||
| 20 | For purposes of this Act, the World Shooting and Recreational | ||||||
| 21 | Complex, a gun show, or a similar event at which a certified | ||||||
| 22 | licensee engages in business from time to time is not a retail | ||||||
| 23 | location.
| ||||||
| 24 | (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19; | ||||||
| 25 | revised 9-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 585. The Illinois Highway Code is amended by | ||||||
| 2 | changing Section 6-115 as follows:
| ||||||
| 3 | (605 ILCS 5/6-115) (from Ch. 121, par. 6-115)
| ||||||
| 4 | Sec. 6-115.
(a) Except as provided in Section 10-20 of the | ||||||
| 5 | Township Code or subsection (b), no
person shall be eligible to | ||||||
| 6 | the office of highway
commissioner unless he shall be a legal | ||||||
| 7 | voter and has been one year a
resident of the district. In road | ||||||
| 8 | districts that elect a clerk, the same
limitation shall apply | ||||||
| 9 | to the district clerk.
| ||||||
| 10 | (b) A board of trustees may (i) appoint a non-resident or a | ||||||
| 11 | resident that has not resided in the district for one year to | ||||||
| 12 | be a highway commissioner, or (ii) contract with a neighboring | ||||||
| 13 | township to provide highway commissioner services if: | ||||||
| 14 | (1) the district is within a township with no | ||||||
| 15 | incorporated town; | ||||||
| 16 | (2) the township has is a population of less than 500; | ||||||
| 17 | and | ||||||
| 18 | (3) no qualified candidate who has resided in the | ||||||
| 19 | township for at least one year is willing to serve as | ||||||
| 20 | highway commissioner. | ||||||
| 21 | (Source: P.A. 101-197, eff. 1-1-20; revised 9-12-19.)
| ||||||
| 22 | Section 590. The Illinois Vehicle Code is amended by | ||||||
| 23 | changing Sections 2-111, 3-421, 3-609, 3-699.14, 3-704, 3-802, | ||||||
| |||||||
| |||||||
| 1 | 3-806.3, 6-106, 11-501.9, 11-502.1, 11-1412.3, and 12-610.2 | ||||||
| 2 | and by setting forth and
renumbering multiple versions of | ||||||
| 3 | Section 3-699.17 as follows:
| ||||||
| 4 | (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) | ||||||
| 5 | Sec. 2-111. Seizure or confiscation of documents and | ||||||
| 6 | plates.
| ||||||
| 7 | (a) The Secretary of State or any law enforcement entity is
| ||||||
| 8 | authorized to take possession of any certificate of title, | ||||||
| 9 | registration
card, permit, license, registration plate or | ||||||
| 10 | digital registration plate, plates, disability
license plate | ||||||
| 11 | or parking decal or device, or registration sticker or digital | ||||||
| 12 | registration sticker
issued by the Secretary or her upon | ||||||
| 13 | expiration, revocation, cancellation, or suspension thereof,
| ||||||
| 14 | or which is fictitious, or which has been unlawfully or | ||||||
| 15 | erroneously issued.
Police officers who have seized such items | ||||||
| 16 | shall return the items to the Secretary of State in a manner | ||||||
| 17 | and form set forth by the Secretary in administrative rule to | ||||||
| 18 | take possession of such item or items.
| ||||||
| 19 | (b) The Secretary of State is authorized to confiscate any | ||||||
| 20 | suspected
fraudulent,
fictitious, or altered documents | ||||||
| 21 | submitted by an applicant in support of an
application for
a | ||||||
| 22 | driver's license or permit.
| ||||||
| 23 | (Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; | ||||||
| 24 | revised 9-24-19.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
| ||||||
| 2 | (Text of Section before amendment by P.A. 101-611) | ||||||
| 3 | Sec. 3-421. Right of reassignment. | ||||||
| 4 | (a) Every natural person
shall have the right of | ||||||
| 5 | reassignment of the license number issued
to him during the | ||||||
| 6 | current registration plate or digital registration plate term, | ||||||
| 7 | for the
ensuing registration plate or digital registration | ||||||
| 8 | plate term, provided his or her application
for reassignment is | ||||||
| 9 | received in the Office of the Secretary of
State on or before | ||||||
| 10 | September 30 of the final year of the
registration plate or | ||||||
| 11 | digital registration plate term as to a vehicle registered on a | ||||||
| 12 | calendar
year, and on or before March 31 as to a vehicle | ||||||
| 13 | registered on
a fiscal year. The right of reassignment shall | ||||||
| 14 | apply to every natural person
under the staggered registration | ||||||
| 15 | system provided the application for reassignment
is received in | ||||||
| 16 | the Office of the Secretary of State by the 1st day of the
| ||||||
| 17 | month immediately preceding the applicant's month of | ||||||
| 18 | expiration.
| ||||||
| 19 | In addition, every natural person shall have the right of
| ||||||
| 20 | reassignment of the license number issued to him for a two-year
| ||||||
| 21 | registration, for the ensuing two-year period. Where the
| ||||||
| 22 | two-year period is for two calendar years, the application
for | ||||||
| 23 | reassignment must be received by the Secretary
of State on or | ||||||
| 24 | before September 30th of the year preceding
commencement of the | ||||||
| 25 | two-year period. Where the two-year
period is for two fiscal | ||||||
| 26 | years commencing on July 1, the
application for reassignment | ||||||
| |||||||
| |||||||
| 1 | must be received by the Secretary
of State on or before April | ||||||
| 2 | 30th immediately preceding
commencement of the two-year | ||||||
| 3 | period.
| ||||||
| 4 | (b) Notwithstanding the above provision, the Secretary of
| ||||||
| 5 | State shall, subject to the existing right of reassignment,
| ||||||
| 6 | have the authority to designate new specific combinations of
| ||||||
| 7 | numerical, alpha-numerical, and numerical-alpha licenses for
| ||||||
| 8 | vehicles registered on a calendar year or on a fiscal year,
| ||||||
| 9 | whether the license be issued for one or more years. The new
| ||||||
| 10 | combinations so specified shall not be subject to the right
of | ||||||
| 11 | reassignment, and no right of reassignment thereto may at
any | ||||||
| 12 | future time be acquired.
| ||||||
| 13 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
| 14 | (Text of Section after amendment by P.A. 101-611) | ||||||
| 15 | Sec. 3-421. Right of reassignment. | ||||||
| 16 | (a) Every natural person
shall have the right of | ||||||
| 17 | reassignment of the license number issued
to him during the | ||||||
| 18 | current registration plate or digital registration plate term, | ||||||
| 19 | for the
ensuing registration plate or digital registration | ||||||
| 20 | plate term, provided his or her application
for reassignment is | ||||||
| 21 | received in the Office of the Secretary of
State on or before | ||||||
| 22 | September 30 of the final year of the
registration plate or | ||||||
| 23 | digital registration plate term as to a vehicle registered on a | ||||||
| 24 | calendar
year, and on or before March 31 as to a vehicle | ||||||
| 25 | registered on
a fiscal year. The right of reassignment shall | ||||||
| |||||||
| |||||||
| 1 | apply to every natural person
under the staggered registration | ||||||
| 2 | system provided the application for reassignment
is received in | ||||||
| 3 | the Office of the Secretary of State by the 1st day of the
| ||||||
| 4 | month immediately preceding the applicant's month of | ||||||
| 5 | expiration.
| ||||||
| 6 | In addition, every natural person shall have the right of
| ||||||
| 7 | reassignment of the license number issued to him for a two-year
| ||||||
| 8 | registration, for the ensuing two-year period. Where the
| ||||||
| 9 | two-year period is for two calendar years, the application
for | ||||||
| 10 | reassignment must be received by the Secretary
of State on or | ||||||
| 11 | before September 30th of the year preceding
commencement of the | ||||||
| 12 | two-year period. Where the two-year
period is for two fiscal | ||||||
| 13 | years commencing on July 1, the
application for reassignment | ||||||
| 14 | must be received by the Secretary
of State on or before April | ||||||
| 15 | 30th immediately preceding
commencement of the two-year | ||||||
| 16 | period.
| ||||||
| 17 | (b) Notwithstanding the above provision, the Secretary of
| ||||||
| 18 | State shall, subject to the existing right of reassignment,
| ||||||
| 19 | have the authority to designate new specific combinations of
| ||||||
| 20 | numerical, alpha-numerical, and numerical-alpha licenses for
| ||||||
| 21 | vehicles registered on a calendar year or on a fiscal year,
| ||||||
| 22 | whether the license be issued for one or more years. The new
| ||||||
| 23 | combinations so specified shall not be subject to the right
of | ||||||
| 24 | reassignment, and no right of reassignment thereto may at
any | ||||||
| 25 | future time be acquired.
| ||||||
| 26 | (c) If a person has a registration plate in his or her name | ||||||
| |||||||
| |||||||
| 1 | and seeks to reassign the registration plate to his or her | ||||||
| 2 | spouse, the Secretary shall waive any transfer fee or vanity or | ||||||
| 3 | personalized registration plate fee upon both spouses signing a | ||||||
| 4 | form authorizing the reassignment of registration. | ||||||
| 5 | (c-1) If a person who that has a registration plate in his | ||||||
| 6 | or her name seeks to reassign the registration plate to his or | ||||||
| 7 | her child, the Secretary shall waive any transfer fee or vanity | ||||||
| 8 | or personalized registration plate fee. | ||||||
| 9 | (Source: P.A. 101-395, eff. 8-16-19; 101-611, eff. 6-1-20; | ||||||
| 10 | revised 1-7-20.)
| ||||||
| 11 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
| 12 | Sec. 3-609. Plates for veterans with disabilities. | ||||||
| 13 | (a) Any veteran who holds proof of a service-connected | ||||||
| 14 | disability from the United States Department of Veterans | ||||||
| 15 | Affairs, and who has obtained certification from a licensed | ||||||
| 16 | physician, physician assistant, or advanced practice | ||||||
| 17 | registered nurse that the service-connected disability | ||||||
| 18 | qualifies the veteran for issuance of registration plates or | ||||||
| 19 | digital registration plates or decals to a person with | ||||||
| 20 | disabilities in accordance with Section 3-616, may, without the | ||||||
| 21 | payment of any registration fee, make application to the | ||||||
| 22 | Secretary of State for license plates for veterans with | ||||||
| 23 | disabilities displaying the international symbol of access, | ||||||
| 24 | for the registration of one motor vehicle of the first | ||||||
| 25 | division, one motorcycle, or one motor vehicle of the second | ||||||
| |||||||
| |||||||
| 1 | division weighing not more than 8,000 pounds. | ||||||
| 2 | (b) Any veteran who holds proof of a service-connected | ||||||
| 3 | disability from the United States Department of Veterans | ||||||
| 4 | Affairs, and whose degree of disability has been declared to be | ||||||
| 5 | 50% or more, but whose disability does not qualify the veteran | ||||||
| 6 | for a plate or decal for persons with disabilities under | ||||||
| 7 | Section 3-616, may, without the payment of any registration | ||||||
| 8 | fee, make application to the Secretary for a special | ||||||
| 9 | registration plate or digital registration plate without the | ||||||
| 10 | international symbol of access for the registration of one | ||||||
| 11 | motor vehicle of the first division, one motorcycle, or one | ||||||
| 12 | motor vehicle of the second division weighing not more than | ||||||
| 13 | 8,000 pounds.
| ||||||
| 14 | (c) Renewal of such registration must be accompanied with | ||||||
| 15 | documentation
for eligibility of registration without fee | ||||||
| 16 | unless the applicant has a
permanent qualifying disability, and | ||||||
| 17 | such registration plates or digital registration plates may not | ||||||
| 18 | be
issued to any person not eligible therefor. The Illinois | ||||||
| 19 | Department of Veterans' Affairs may assist in providing the
| ||||||
| 20 | documentation of disability.
| ||||||
| 21 | (d) The design and color of the plates shall be within the | ||||||
| 22 | discretion of the Secretary, except that the plates issued | ||||||
| 23 | under subsection (b) of this Section shall not contain the | ||||||
| 24 | international symbol of access. The Secretary may, in his or | ||||||
| 25 | her discretion, allow the plates to be issued as vanity or | ||||||
| 26 | personalized plates in accordance with Section 3-405.1 of this | ||||||
| |||||||
| |||||||
| 1 | Code. Registration shall be for a multi-year period and may be | ||||||
| 2 | issued staggered registration. | ||||||
| 3 | (e) Any person eligible to receive license plates under | ||||||
| 4 | this Section who has been approved for benefits under the | ||||||
| 5 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
| 6 | Relief Act, or who has claimed and received a grant under that | ||||||
| 7 | Act, shall pay a fee of $24 instead of the fee otherwise | ||||||
| 8 | provided in this Code for passenger cars displaying standard | ||||||
| 9 | multi-year registration plates or digital registration plates | ||||||
| 10 | issued under Section 3-414.1, for motor vehicles registered at | ||||||
| 11 | 8,000 pounds or less under Section 3-815(a), or for | ||||||
| 12 | recreational vehicles registered at 8,000 pounds or less under | ||||||
| 13 | Section 3-815(b), for a second set of plates under this | ||||||
| 14 | Section.
| ||||||
| 15 | (Source: P.A. 100-513, eff. 1-1-18; 101-395, eff. 8-16-19; | ||||||
| 16 | 101-536, eff. 1-1-20; revised 9-24-19.)
| ||||||
| 17 | (625 ILCS 5/3-699.14) | ||||||
| 18 | Sec. 3-699.14. Universal special license plates. | ||||||
| 19 | (a) In addition to any other special license plate, the | ||||||
| 20 | Secretary, upon receipt of all applicable fees and applications | ||||||
| 21 | made in the form prescribed by the Secretary, may issue | ||||||
| 22 | Universal special license plates to residents of Illinois on | ||||||
| 23 | behalf of organizations that have been authorized by the | ||||||
| 24 | General Assembly to issue decals for Universal special license | ||||||
| 25 | plates. Appropriate documentation, as determined by the | ||||||
| |||||||
| |||||||
| 1 | Secretary, shall accompany each application. Authorized | ||||||
| 2 | organizations shall be designated by amendment to this Section. | ||||||
| 3 | When applying for a Universal special license plate the | ||||||
| 4 | applicant shall inform the Secretary of the name of the | ||||||
| 5 | authorized organization from which the applicant will obtain a | ||||||
| 6 | decal to place on the plate. The Secretary shall make a record | ||||||
| 7 | of that organization and that organization shall remain | ||||||
| 8 | affiliated with that plate until the plate is surrendered, | ||||||
| 9 | revoked, or otherwise cancelled. The authorized organization | ||||||
| 10 | may charge a fee to offset the cost of producing and | ||||||
| 11 | distributing the decal, but that fee shall be retained by the | ||||||
| 12 | authorized organization and shall be separate and distinct from | ||||||
| 13 | any registration fees charged by the Secretary. No decal, | ||||||
| 14 | sticker, or other material may be affixed to a Universal | ||||||
| 15 | special license plate other than a decal authorized by the | ||||||
| 16 | General Assembly in this Section or a registration renewal | ||||||
| 17 | sticker. The special plates issued under this Section shall be | ||||||
| 18 | affixed only to passenger vehicles of the first division, | ||||||
| 19 | including motorcycles and autocycles, or motor vehicles of the | ||||||
| 20 | second division weighing not more than 8,000 pounds. Plates | ||||||
| 21 | issued under this Section shall expire according to the | ||||||
| 22 | multi-year procedure under Section 3-414.1 of this Code. | ||||||
| 23 | (b) The design, color, and format of the Universal special | ||||||
| 24 | license plate shall be wholly within the discretion of the | ||||||
| 25 | Secretary. Universal special license plates are not required to | ||||||
| 26 | designate "Land of Lincoln", as prescribed in subsection (b) of | ||||||
| |||||||
| |||||||
| 1 | Section 3-412 of this Code. The design shall allow for the | ||||||
| 2 | application of a decal to the plate. Organizations authorized | ||||||
| 3 | by the General Assembly to issue decals for Universal special | ||||||
| 4 | license plates shall comply with rules adopted by the Secretary | ||||||
| 5 | governing the requirements for and approval of Universal | ||||||
| 6 | special license plate decals. The Secretary may, in his or her | ||||||
| 7 | discretion, allow Universal special license plates to be issued | ||||||
| 8 | as vanity or personalized plates in accordance with Section | ||||||
| 9 | 3-405.1 of this Code. The Secretary of State must make a | ||||||
| 10 | version of the special registration plates authorized under | ||||||
| 11 | this Section in a form appropriate for motorcycles and | ||||||
| 12 | autocycles. | ||||||
| 13 | (c) When authorizing a Universal special license plate, the | ||||||
| 14 | General Assembly shall set forth whether an additional fee is | ||||||
| 15 | to be charged for the plate and, if a fee is to be charged, the | ||||||
| 16 | amount of the fee and how the fee is to be distributed. When | ||||||
| 17 | necessary, the authorizing language shall create a special fund | ||||||
| 18 | in the State treasury into which fees may be deposited for an | ||||||
| 19 | authorized Universal special license plate. Additional fees | ||||||
| 20 | may only be charged if the fee is to be paid over to a State | ||||||
| 21 | agency or to a charitable entity that is in compliance with the | ||||||
| 22 | registration and reporting requirements of the Charitable | ||||||
| 23 | Trust Act and the Solicitation for Charity Act. Any charitable | ||||||
| 24 | entity receiving fees for the sale of Universal special license | ||||||
| 25 | plates shall annually provide the Secretary of State a letter | ||||||
| 26 | of compliance issued by the Attorney General verifying that the | ||||||
| |||||||
| |||||||
| 1 | entity is in compliance with the Charitable Trust Act and the | ||||||
| 2 | Solicitation for Charity Act. | ||||||
| 3 | (d) Upon original issuance and for each registration | ||||||
| 4 | renewal period, in addition to the appropriate registration | ||||||
| 5 | fee, if applicable, the Secretary shall collect any additional | ||||||
| 6 | fees, if required, for issuance of Universal special license | ||||||
| 7 | plates. The fees shall be collected on behalf of the | ||||||
| 8 | organization designated by the applicant when applying for the | ||||||
| 9 | plate. All fees collected shall be transferred to the State | ||||||
| 10 | agency on whose behalf the fees were collected, or paid into | ||||||
| 11 | the special fund designated in the law authorizing the | ||||||
| 12 | organization to issue decals for Universal special license | ||||||
| 13 | plates. All money in the designated fund shall be distributed | ||||||
| 14 | by the Secretary subject to appropriation by the General | ||||||
| 15 | Assembly.
| ||||||
| 16 | (e) The following organizations may issue decals for | ||||||
| 17 | Universal special license plates with the original and renewal | ||||||
| 18 | fees and fee distribution as follows: | ||||||
| 19 | (1) The Illinois Department of Natural Resources. | ||||||
| 20 | (A) Original issuance: $25; with $10 to the | ||||||
| 21 | Roadside Monarch Habitat Fund and $15 to the Secretary | ||||||
| 22 | of State Special License Plate Fund. | ||||||
| 23 | (B) Renewal: $25; with $23 to the Roadside Monarch | ||||||
| 24 | Habitat Fund and $2 to the Secretary of State Special | ||||||
| 25 | License Plate Fund. | ||||||
| 26 | (2) Illinois Veterans' Homes. | ||||||
| |||||||
| |||||||
| 1 | (A) Original issuance: $26, which shall be | ||||||
| 2 | deposited into the Illinois Veterans' Homes Fund. | ||||||
| 3 | (B) Renewal: $26, which shall be deposited into the | ||||||
| 4 | Illinois Veterans' Homes Fund. | ||||||
| 5 | (3) The Illinois Department of Human Services for | ||||||
| 6 | volunteerism decals. | ||||||
| 7 | (A) Original issuance: $25, which shall be | ||||||
| 8 | deposited into the Secretary of State Special License | ||||||
| 9 | Plate Fund. | ||||||
| 10 | (B) Renewal: $25, which shall be deposited into the | ||||||
| 11 | Secretary of State Special License Plate Fund. | ||||||
| 12 | (4) The Illinois Department of Public Health. | ||||||
| 13 | (A) Original issuance: $25; with $10 to the | ||||||
| 14 | Prostate Cancer Awareness Fund and $15 to the Secretary | ||||||
| 15 | of State Special License Plate Fund. | ||||||
| 16 | (B) Renewal: $25; with $23 to the Prostate Cancer | ||||||
| 17 | Awareness Fund and $2 to the Secretary of State Special | ||||||
| 18 | License Plate Fund. | ||||||
| 19 | (5) Horsemen's Council of Illinois. | ||||||
| 20 | (A) Original issuance: $25; with $10 to the | ||||||
| 21 | Horsemen's Council of Illinois Fund and $15 to the | ||||||
| 22 | Secretary of State Special License Plate Fund. | ||||||
| 23 | (B) Renewal: $25; with $23 to the Horsemen's | ||||||
| 24 | Council of Illinois Fund and $2 to the Secretary of | ||||||
| 25 | State Special License Plate Fund. | ||||||
| 26 | (6) K9s for Veterans, NFP. | ||||||
| |||||||
| |||||||
| 1 | (A) Original issuance: $25; with $10 to the | ||||||
| 2 | Post-Traumatic Stress Disorder Awareness Fund and $15 | ||||||
| 3 | to the Secretary of State Special License Plate Fund. | ||||||
| 4 | (B) Renewal: $25; with $23 to the Post-Traumatic | ||||||
| 5 | Stress Disorder Awareness Fund and $2 to the Secretary | ||||||
| 6 | of State Special License Plate Fund. | ||||||
| 7 | (7) (6) The International Association of Machinists | ||||||
| 8 | and Aerospace Workers. | ||||||
| 9 | (A) Original issuance: $35; with $20 to the Guide | ||||||
| 10 | Dogs of America Fund and $15 to the Secretary of State | ||||||
| 11 | Special License Plate Fund. | ||||||
| 12 | (B) Renewal: $25; with $23 going to the Guide Dogs | ||||||
| 13 | of America Fund and $2 to the Secretary of State | ||||||
| 14 | Special License Plate Fund. | ||||||
| 15 | (8) (7) Local Lodge 701 of the International | ||||||
| 16 | Association of Machinists and
Aerospace Workers. | ||||||
| 17 | (A) Original issuance: $35; with $10 to the Guide | ||||||
| 18 | Dogs of America Fund, $10 to the Mechanics Training | ||||||
| 19 | Fund, and $15 to the Secretary of State Special License | ||||||
| 20 | Plate Fund. | ||||||
| 21 | (B) Renewal: $30; with $13 to the Guide Dogs of | ||||||
| 22 | America Fund, $15 to the Mechanics Training Fund, and | ||||||
| 23 | $2 to the Secretary of State Special License Plate | ||||||
| 24 | Fund. | ||||||
| 25 | (9) (6) Illinois Department of Human Services. | ||||||
| 26 | (A) Original issuance: $25; with $10 to the Theresa | ||||||
| |||||||
| |||||||
| 1 | Tracy Trot - Illinois CancerCare Foundation Fund and | ||||||
| 2 | $15 to the Secretary of State Special License Plate | ||||||
| 3 | Fund. | ||||||
| 4 | (B) Renewal: $25; with $23 to the Theresa Tracy | ||||||
| 5 | Trot - Illinois CancerCare Foundation Fund and $2 to | ||||||
| 6 | the Secretary of State Special License Plate Fund. | ||||||
| 7 | (10) (6) The Illinois Department of Human Services for | ||||||
| 8 | developmental disabilities awareness decals. | ||||||
| 9 | (A) Original issuance: $25; with $10 to the
| ||||||
| 10 | Developmental Disabilities Awareness Fund and $15 to | ||||||
| 11 | the Secretary of State Special License Plate Fund. | ||||||
| 12 | (B) Renewal: $25; with $23 to the Developmental | ||||||
| 13 | Disabilities
Awareness Fund and $2 to the Secretary of | ||||||
| 14 | State Special License Plate Fund. | ||||||
| 15 | (11) (6) The Illinois Department of Human Services for | ||||||
| 16 | pediatric cancer awareness decals. | ||||||
| 17 | (A) Original issuance: $25; with $10 to the
| ||||||
| 18 | Pediatric Cancer Awareness Fund and $15 to the | ||||||
| 19 | Secretary of State Special License Plate Fund. | ||||||
| 20 | (B) Renewal: $25; with $23 to the Pediatric Cancer
| ||||||
| 21 | Awareness Fund and $2 to the Secretary of State Special | ||||||
| 22 | License Plate Fund. | ||||||
| 23 | (f) The following funds are created as special funds in the | ||||||
| 24 | State treasury: | ||||||
| 25 | (1) The Roadside Monarch Habitat Fund. All moneys to be | ||||||
| 26 | paid as grants to the Illinois Department of Natural | ||||||
| |||||||
| |||||||
| 1 | Resources to fund roadside monarch and other pollinator | ||||||
| 2 | habitat development, enhancement, and restoration projects | ||||||
| 3 | in this State. | ||||||
| 4 | (2) The Prostate Cancer Awareness Fund. All moneys to | ||||||
| 5 | be paid as grants to the Prostate Cancer Foundation of | ||||||
| 6 | Chicago. | ||||||
| 7 | (3) The Horsemen's Council of Illinois Fund. All moneys | ||||||
| 8 | shall be paid as grants to the Horsemen's Council of | ||||||
| 9 | Illinois. | ||||||
| 10 | (4) The Post-Traumatic Stress Disorder Awareness Fund. | ||||||
| 11 | All money in the Post-Traumatic Stress Disorder Awareness | ||||||
| 12 | Fund shall be paid as grants to K9s for Veterans, NFP for | ||||||
| 13 | support, education, and awareness of veterans with | ||||||
| 14 | post-traumatic stress disorder. | ||||||
| 15 | (5) (4) The Guide Dogs of America Fund. All moneys | ||||||
| 16 | shall be paid as grants to the International Guiding Eyes, | ||||||
| 17 | Inc., doing business as Guide Dogs of America. | ||||||
| 18 | (6) (5) The Mechanics Training Fund. All moneys shall | ||||||
| 19 | be paid as grants to the Mechanics Local 701 Training Fund. | ||||||
| 20 | (7) (4) The Theresa Tracy Trot - Illinois CancerCare | ||||||
| 21 | Foundation Fund. All money in the Theresa Tracy Trot - | ||||||
| 22 | Illinois CancerCare Foundation Fund shall be paid to the | ||||||
| 23 | Illinois CancerCare Foundation for the purpose of | ||||||
| 24 | furthering pancreatic cancer research. | ||||||
| 25 | (8) (4) The Developmental Disabilities Awareness Fund. | ||||||
| 26 | All moneys to
be paid as grants to the Illinois Department | ||||||
| |||||||
| |||||||
| 1 | of Human Services to fund legal aid groups to assist with | ||||||
| 2 | guardianship fees for private citizens willing to become | ||||||
| 3 | guardians for individuals with developmental disabilities | ||||||
| 4 | but who are unable to pay the legal fees associated with | ||||||
| 5 | becoming a guardian. | ||||||
| 6 | (9) (4) The Pediatric Cancer Awareness Fund. All moneys | ||||||
| 7 | to
be paid as grants to the Cancer Center at Illinois for | ||||||
| 8 | pediatric cancer treatment and research. | ||||||
| 9 | (Source: P.A. 100-57, eff. 1-1-18; 100-60, eff. 1-1-18; 100-78, | ||||||
| 10 | eff. 1-1-18; 100-201, eff. 8-18-17; 100-863, eff. 8-14-18; | ||||||
| 11 | 101-248, eff. 1-1-20; 101-256, eff. 1-1-20; 101-276, eff. | ||||||
| 12 | 8-9-19; 101-282, eff. 1-1-20; 101-372, eff. 1-1-20; revised | ||||||
| 13 | 9-24-19.)
| ||||||
| 14 | (625 ILCS 5/3-699.17) | ||||||
| 15 | Sec. 3-699.17. Global War on Terrorism license plates. | ||||||
| 16 | (a) In addition to any other special license plate, the | ||||||
| 17 | Secretary, upon receipt of all applicable fees and applications | ||||||
| 18 | made in the form prescribed by the Secretary, may issue Global | ||||||
| 19 | War on Terrorism license plates to residents of this State who | ||||||
| 20 | have earned the Global War on Terrorism Expeditionary Medal | ||||||
| 21 | from the United States Armed Forces. The special Global War on | ||||||
| 22 | Terrorism plates issued under this Section shall be affixed | ||||||
| 23 | only to passenger vehicles of the first division, including | ||||||
| 24 | motorcycles, or motor vehicles of the second division weighing | ||||||
| 25 | not more than 8,000 pounds. Plates issued under this Section | ||||||
| |||||||
| |||||||
| 1 | shall expire according to the multi-year procedure under | ||||||
| 2 | Section 3-414.1 of this Code. | ||||||
| 3 | (b) The design, color, and format of the Global War on | ||||||
| 4 | Terrorism license plate shall be wholly within the discretion | ||||||
| 5 | of the Secretary. The Secretary may, in his or her discretion, | ||||||
| 6 | allow the Global War on Terrorism license plates to be issued | ||||||
| 7 | as vanity or personalized plates in accordance with Section | ||||||
| 8 | 3-405.1 of this Code. Global War on Terrorism license plates | ||||||
| 9 | are not required to designate "Land of Lincoln", as prescribed | ||||||
| 10 | in subsection (b) of Section 3-412 of this Code. The Secretary | ||||||
| 11 | shall, in his or her discretion, approve and prescribe stickers | ||||||
| 12 | or decals as provided under Section 3-412.
| ||||||
| 13 | (Source: P.A. 101-51, eff. 7-12-19.)
| ||||||
| 14 | (625 ILCS 5/3-699.18)
| ||||||
| 15 | Sec. 3-699.18 3-699.17. Cold War license plates. | ||||||
| 16 | (a) In addition to any other special license plate, the | ||||||
| 17 | Secretary, upon receipt of all applicable fees and applications | ||||||
| 18 | made in the form prescribed by the Secretary of State, may | ||||||
| 19 | issue Cold War license plates to residents of Illinois who | ||||||
| 20 | served in the United States Armed Forces between August 15, | ||||||
| 21 | 1945 and January 1, 1992. The special Cold War plates issued | ||||||
| 22 | under this Section shall be affixed only to passenger vehicles | ||||||
| 23 | of the first division, motorcycles, and motor vehicles of the | ||||||
| 24 | second division weighing not more than 8,000 pounds. Plates | ||||||
| 25 | issued under this Section shall expire according to the | ||||||
| |||||||
| |||||||
| 1 | staggered multi-year procedure established by Section 3-414.1 | ||||||
| 2 | of this Code. | ||||||
| 3 | (b) The design, color, and format of the plates shall be | ||||||
| 4 | wholly within the discretion of the Secretary of State. The | ||||||
| 5 | Secretary may, in his or her discretion, allow the plates to be | ||||||
| 6 | issued as vanity plates or personalized in accordance with | ||||||
| 7 | Section 3-405.1 of this Code. The plates are not required to | ||||||
| 8 | designate "Land of Lincoln", as prescribed in subsection (b) of | ||||||
| 9 | Section 3-412 of this Code. The Secretary shall, in his or her | ||||||
| 10 | discretion, approve and prescribe stickers or decals as | ||||||
| 11 | provided under Section 3-412.
| ||||||
| 12 | (Source: P.A. 101-245, eff. 1-1-20; revised 10-23-19.)
| ||||||
| 13 | (625 ILCS 5/3-699.21)
| ||||||
| 14 | Sec. 3-699.21 3-699.17. United Nations Protection Force | ||||||
| 15 | license plates. | ||||||
| 16 | (a) In addition to any other special license plate, the | ||||||
| 17 | Secretary, upon receipt of all applicable fees and applications | ||||||
| 18 | made in the form prescribed by the Secretary of State, may | ||||||
| 19 | issue United Nations Protection Force license plates to | ||||||
| 20 | residents of this State who served in the United Nations | ||||||
| 21 | Protection Force in Yugoslavia. The special United Nations | ||||||
| 22 | Protection Force plate issued under this Section shall be | ||||||
| 23 | affixed only to passenger vehicles of the first division and | ||||||
| 24 | motor vehicles of the second division weighing not more than | ||||||
| 25 | 8,000 pounds. Plates issued under this Section shall expire | ||||||
| |||||||
| |||||||
| 1 | according to the staggered multi-year procedure established by | ||||||
| 2 | Section 3-414.1 of this Code. | ||||||
| 3 | (b) The design, color, and format of the plates shall be | ||||||
| 4 | wholly within the discretion of the Secretary of State. The | ||||||
| 5 | Secretary may, in his or her discretion, allow the plates to be | ||||||
| 6 | issued as vanity plates or personalized in accordance with | ||||||
| 7 | Section 3-405.1 of this Code. The plates are not required to | ||||||
| 8 | designate "Land of Lincoln", as prescribed in subsection (b) of | ||||||
| 9 | Section 3-412 of this Code. The Secretary shall approve and | ||||||
| 10 | prescribe stickers or decals as provided under Section 3-412. | ||||||
| 11 | (c) An applicant shall be charged a $15 fee for original | ||||||
| 12 | issuance in addition to the applicable registration fee. This | ||||||
| 13 | additional fee shall be deposited into the Secretary of State | ||||||
| 14 | Special License Plate Fund. For each registration renewal | ||||||
| 15 | period, a $2 fee, in addition to the appropriate registration | ||||||
| 16 | fee, shall be charged and shall be deposited into the Secretary | ||||||
| 17 | of State Special License Plate Fund.
| ||||||
| 18 | (Source: P.A. 101-247, eff. 1-1-20; revised 10-23-19.)
| ||||||
| 19 | (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| ||||||
| 20 | Sec. 3-704. Authority of Secretary of State to suspend or | ||||||
| 21 | revoke a registration or
certificate of title; authority to | ||||||
| 22 | suspend or revoke the registration of a
vehicle. | ||||||
| 23 | (a) The Secretary of State may suspend or revoke the | ||||||
| 24 | registration of a
vehicle or a certificate of title, | ||||||
| 25 | registration card, registration sticker or digital | ||||||
| |||||||
| |||||||
| 1 | registration sticker,
registration plate or digital | ||||||
| 2 | registration plate, disability parking decal or device,
or any | ||||||
| 3 | nonresident or other permit in any of the following events:
| ||||||
| 4 | 1. When the Secretary of State is satisfied that such | ||||||
| 5 | registration or
that such certificate, card, plate or | ||||||
| 6 | digital plate, registration sticker or digital | ||||||
| 7 | registration sticker, or permit was
fraudulently or
| ||||||
| 8 | erroneously issued;
| ||||||
| 9 | 2. When a registered vehicle has been dismantled or | ||||||
| 10 | wrecked or is not
properly equipped;
| ||||||
| 11 | 3. When the Secretary of State determines that any | ||||||
| 12 | required fees have
not been paid to the Secretary of State, | ||||||
| 13 | to the Illinois Commerce
Commission, or to the Illinois | ||||||
| 14 | Department of Revenue under the Motor Fuel Tax Law, and the | ||||||
| 15 | same are not paid upon reasonable notice and demand;
| ||||||
| 16 | 4. When a registration card, registration plate or | ||||||
| 17 | digital registration plate, registration sticker or | ||||||
| 18 | digital registration sticker,
or permit is knowingly
| ||||||
| 19 | displayed upon a vehicle other than the one for which | ||||||
| 20 | issued;
| ||||||
| 21 | 5. When the Secretary of State determines that the | ||||||
| 22 | owner has committed
any offense under this Chapter | ||||||
| 23 | involving the registration or the
certificate, card, plate | ||||||
| 24 | or digital plate, registration sticker or digital | ||||||
| 25 | registration sticker, or permit to be suspended or
revoked;
| ||||||
| 26 | 6. When the Secretary of State determines that a | ||||||
| |||||||
| |||||||
| 1 | vehicle registered
not-for-hire is used or operated | ||||||
| 2 | for-hire unlawfully, or used or operated
for purposes other | ||||||
| 3 | than those authorized;
| ||||||
| 4 | 7. When the Secretary of State determines that an owner | ||||||
| 5 | of a for-hire
motor vehicle has failed to give proof of | ||||||
| 6 | financial responsibility as
required by this Act;
| ||||||
| 7 | 8. When the Secretary determines that the vehicle is | ||||||
| 8 | not subject to or
eligible for a registration;
| ||||||
| 9 | 9. When the Secretary determines that the owner of a | ||||||
| 10 | vehicle registered
under the mileage weight tax option | ||||||
| 11 | fails to maintain the records specified
by law, or fails to | ||||||
| 12 | file the reports required by law, or that such vehicle
is | ||||||
| 13 | not equipped with an operable and operating speedometer or | ||||||
| 14 | odometer;
| ||||||
| 15 | 10. When the Secretary of State is so authorized under | ||||||
| 16 | any other
provision of law;
| ||||||
| 17 | 11. When the Secretary of State determines that the | ||||||
| 18 | holder of a disability parking decal or device has | ||||||
| 19 | committed any offense under Chapter 11
of this Code | ||||||
| 20 | involving the use of a disability parking decal
or device.
| ||||||
| 21 | (a-5) The Secretary of State may revoke a certificate of | ||||||
| 22 | title and registration card and issue a corrected certificate | ||||||
| 23 | of title and registration card, at no fee to the vehicle owner | ||||||
| 24 | or lienholder, if there is proof that the vehicle | ||||||
| 25 | identification number is erroneously shown on the original | ||||||
| 26 | certificate of title.
| ||||||
| |||||||
| |||||||
| 1 | (b) The Secretary of State may suspend or revoke the | ||||||
| 2 | registration of a
vehicle as follows:
| ||||||
| 3 | 1. When the Secretary of State determines that the | ||||||
| 4 | owner of a vehicle has
not paid a civil penalty or a | ||||||
| 5 | settlement agreement arising from the
violation of rules | ||||||
| 6 | adopted under the Illinois Motor Carrier Safety Law or the
| ||||||
| 7 | Illinois Hazardous Materials Transportation Act or that a | ||||||
| 8 | vehicle, regardless
of ownership, was the subject of | ||||||
| 9 | violations of these rules that resulted in a
civil penalty | ||||||
| 10 | or settlement agreement which remains unpaid.
| ||||||
| 11 | 2. When the Secretary of State determines that a | ||||||
| 12 | vehicle registered for a
gross weight of more than 16,000 | ||||||
| 13 | pounds within an affected area is not in
compliance with | ||||||
| 14 | the provisions of Section 13-109.1 of this the Illinois | ||||||
| 15 | Vehicle
Code. | ||||||
| 16 | 3. When the Secretary of State is notified by the | ||||||
| 17 | United States Department of Transportation that a vehicle | ||||||
| 18 | is in violation of the Federal Motor Carrier Safety | ||||||
| 19 | Regulations, as they are now or hereafter amended, and is | ||||||
| 20 | prohibited from operating. | ||||||
| 21 | (c) The Secretary of State may suspend the registration of | ||||||
| 22 | a
vehicle when a court finds that the vehicle was used in a | ||||||
| 23 | violation of Section 24-3A of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012 relating to gunrunning. A suspension of | ||||||
| 25 | registration under this subsection (c) may be for a period of | ||||||
| 26 | up to 90 days.
| ||||||
| |||||||
| |||||||
| 1 | (d) The Secretary shall deny, suspend, or revoke | ||||||
| 2 | registration if the applicant fails to disclose material | ||||||
| 3 | information required, if the applicant has made a materially | ||||||
| 4 | false statement on the application, if the applicant has | ||||||
| 5 | applied as a subterfuge for the real party in interest who has | ||||||
| 6 | been issued a federal out-of-service order, or if the | ||||||
| 7 | applicant's business is operated by, managed by, or otherwise | ||||||
| 8 | controlled by or affiliated with a person who is ineligible for | ||||||
| 9 | registration, including the applicant entity, a relative, | ||||||
| 10 | family member, corporate officer, or shareholder. The | ||||||
| 11 | Secretary shall deny, suspend, or revoke registration for | ||||||
| 12 | either (i) a vehicle if the motor carrier responsible for the | ||||||
| 13 | safety of the vehicle has been prohibited from operating by the | ||||||
| 14 | Federal Motor Carrier Safety Administration; or (ii) a carrier | ||||||
| 15 | whose business is operated by, managed by, or otherwise | ||||||
| 16 | controlled by or affiliated with a person who is ineligible for | ||||||
| 17 | registration, which may include the owner, a relative, family | ||||||
| 18 | member, corporate officer, or shareholder of the carrier. | ||||||
| 19 | (Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; | ||||||
| 20 | revised 9-24-19.)
| ||||||
| 21 | (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
| ||||||
| 22 | Sec. 3-802. Reclassifications and upgrades.
| ||||||
| 23 | (a) Definitions. For the purposes of this Section, the | ||||||
| 24 | following words
shall have the meanings ascribed to them as | ||||||
| 25 | follows:
| ||||||
| |||||||
| |||||||
| 1 | "Reclassification" means changing the registration of | ||||||
| 2 | a vehicle from one
plate category to another.
| ||||||
| 3 | "Upgrade" means increasing the registered weight of a | ||||||
| 4 | vehicle within the
same plate category.
| ||||||
| 5 | (b) When reclassing the registration of a vehicle from one | ||||||
| 6 | plate category
to another, the owner shall receive credit for | ||||||
| 7 | the unused portion of the
present
plate and be charged the | ||||||
| 8 | current portion fees for the new plate. In addition,
the | ||||||
| 9 | appropriate replacement plate and replacement sticker fees | ||||||
| 10 | shall be
assessed.
| ||||||
| 11 | (b-5) Beginning with the 2019 registration year, any | ||||||
| 12 | individual who has a registration issued under either Section | ||||||
| 13 | 3-405 or 3-405.1 that qualifies for a special license plate | ||||||
| 14 | under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, | ||||||
| 15 | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | ||||||
| 16 | 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, | ||||||
| 17 | 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 | ||||||
| 18 | may reclass his or her registration upon acquiring a special | ||||||
| 19 | license plate listed in this subsection (b-5) without a | ||||||
| 20 | replacement plate or digital plate fee or registration sticker | ||||||
| 21 | or digital registration sticker cost. | ||||||
| 22 | (b-10) Beginning with the 2019 registration year, any | ||||||
| 23 | individual who has a special license plate issued under Section | ||||||
| 24 | 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, | ||||||
| 25 | 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664, | ||||||
| 26 | 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, | ||||||
| |||||||
| |||||||
| 1 | 3-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 may reclass | ||||||
| 2 | his or her special license plate upon acquiring a new | ||||||
| 3 | registration under Section 3-405 or 3-405.1 without a | ||||||
| 4 | replacement plate or digital plate fee or registration sticker | ||||||
| 5 | or digital registration sticker cost. | ||||||
| 6 | (c) When upgrading the weight of a registration within the | ||||||
| 7 | same plate
category, the owner shall pay the difference in | ||||||
| 8 | current period fees between the 2
two plates. In addition, the | ||||||
| 9 | appropriate replacement plate and replacement
sticker fees | ||||||
| 10 | shall be assessed. In the event new plates are not required, | ||||||
| 11 | the
corrected registration card fee shall be assessed.
| ||||||
| 12 | (d) In the event the owner of the vehicle desires to change | ||||||
| 13 | the registered
weight and change the plate category, the owner | ||||||
| 14 | shall receive credit for the
unused portion of the registration | ||||||
| 15 | fee of the current plate and pay the current
portion of the | ||||||
| 16 | registration fee for the new plate, and in addition, pay the
| ||||||
| 17 | appropriate replacement plate
and replacement sticker fees.
| ||||||
| 18 | (e) Reclassing from one plate category to another plate | ||||||
| 19 | category can be done
only once within any registration period.
| ||||||
| 20 | (f) No refunds shall be made in any of the circumstances | ||||||
| 21 | found in subsection
(b), subsection (c), or subsection (d); | ||||||
| 22 | however, when reclassing from a flat
weight plate to an | ||||||
| 23 | apportioned plate, a refund may be issued if the credit amounts | ||||||
| 24 | to an overpayment.
| ||||||
| 25 | (g) In the event the registration of a vehicle registered | ||||||
| 26 | under the mileage
tax option is revoked, the owner shall be | ||||||
| |||||||
| |||||||
| 1 | required to pay the annual
registration fee in the new plate | ||||||
| 2 | category and shall not receive any credit for
the mileage plate | ||||||
| 3 | fees.
| ||||||
| 4 | (h) Certain special interest plates may be displayed on | ||||||
| 5 | first division
vehicles, second division vehicles weighing | ||||||
| 6 | 8,000 pounds or less, and
recreational
vehicles. Those plates | ||||||
| 7 | can be transferred within those vehicle groups.
| ||||||
| 8 | (i) Plates displayed on second division vehicles weighing | ||||||
| 9 | 8,000 pounds or
less and passenger vehicle plates may be | ||||||
| 10 | reclassed from one division to the
other.
| ||||||
| 11 | (j) Other than in subsection (i), reclassing from one | ||||||
| 12 | division to the
other division is prohibited. In addition, a | ||||||
| 13 | reclass from a motor vehicle to a
trailer or a trailer to a | ||||||
| 14 | motor vehicle is prohibited.
| ||||||
| 15 | (Source: P.A. 100-246, eff. 1-1-18; 100-450, eff. 1-1-18; | ||||||
| 16 | 100-863, eff. 8-14-18; 101-51, eff. 7-12-19; 101-395, eff. | ||||||
| 17 | 8-16-19; revised 9-24-19.)
| ||||||
| 18 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
| 19 | Sec. 3-806.3. Senior citizens.
Commencing with the 2009 | ||||||
| 20 | registration year, the registration fee paid by
any vehicle | ||||||
| 21 | owner who has been approved for benefits under the Senior
| ||||||
| 22 | Citizens and Persons with Disabilities Property Tax Relief
Act | ||||||
| 23 | or who is the spouse of such a person shall be $24 instead of | ||||||
| 24 | the fee
otherwise provided in this Code for passenger cars | ||||||
| 25 | displaying standard
multi-year registration plates or digital | ||||||
| |||||||
| |||||||
| 1 | registration plates issued under Section 3-414.1, motor | ||||||
| 2 | vehicles
displaying special registration plates or digital | ||||||
| 3 | registration plates issued under Section 3-609, 3-616, 3-621,
| ||||||
| 4 | 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, | ||||||
| 5 | 3-647, 3-650,
3-651, 3-663, or 3-699.17, motor vehicles | ||||||
| 6 | registered at 8,000 pounds or less under Section
3-815(a), and | ||||||
| 7 | recreational vehicles registered at 8,000 pounds or less under
| ||||||
| 8 | Section 3-815(b). Widows and widowers of claimants shall also | ||||||
| 9 | be entitled to
this reduced registration fee for the | ||||||
| 10 | registration year in which the claimant
was eligible.
| ||||||
| 11 | Commencing with the 2009 registration year, the | ||||||
| 12 | registration fee paid by
any vehicle owner who has claimed and | ||||||
| 13 | received a grant under the Senior
Citizens and Persons with | ||||||
| 14 | Disabilities Property Tax Relief
Act or who is the spouse of | ||||||
| 15 | such a person shall be $24 instead of the fee
otherwise | ||||||
| 16 | provided in this Code for passenger cars displaying standard
| ||||||
| 17 | multi-year registration plates or digital registration plates | ||||||
| 18 | issued under Section 3-414.1, motor vehicles
displaying | ||||||
| 19 | special registration plates or digital registration plates | ||||||
| 20 | issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, | ||||||
| 21 | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | ||||||
| 22 | 3-651, 3-663, 3-664, or 3-699.17, motor vehicles registered at | ||||||
| 23 | 8,000 pounds or less under Section
3-815(a), and recreational | ||||||
| 24 | vehicles registered at 8,000 pounds or less under
Section | ||||||
| 25 | 3-815(b). Widows and widowers of claimants shall also be | ||||||
| 26 | entitled to
this reduced registration fee for the registration | ||||||
| |||||||
| |||||||
| 1 | year in which the claimant
was eligible.
| ||||||
| 2 | Commencing with the 2017 registration year, the reduced fee | ||||||
| 3 | under this Section shall apply to any special registration | ||||||
| 4 | plate or digital registration plate authorized in Article VI of | ||||||
| 5 | Chapter 3 of this Code for which the applicant would otherwise | ||||||
| 6 | be eligible. | ||||||
| 7 | Surcharges for vehicle registrations under Section 3-806 | ||||||
| 8 | of this Code shall not be collected from any vehicle owner who | ||||||
| 9 | has been approved for benefits under the Senior Citizens and | ||||||
| 10 | Disabled Persons Property Tax Relief Act or a person who is the | ||||||
| 11 | spouse of such a person. | ||||||
| 12 | No more than one reduced registration fee under this | ||||||
| 13 | Section shall be
allowed during any 12-month period based on | ||||||
| 14 | the primary eligibility of any
individual, whether such reduced | ||||||
| 15 | registration fee is allowed to the
individual or to the spouse, | ||||||
| 16 | widow or widower of such individual. This
Section does not | ||||||
| 17 | apply to the fee paid in addition to the registration fee
for | ||||||
| 18 | motor vehicles displaying vanity, personalized, or special | ||||||
| 19 | license
plates.
| ||||||
| 20 | (Source: P.A. 101-51, eff. 7-12-19; 101-395, eff. 8-16-19; | ||||||
| 21 | revised 9-24-19.)
| ||||||
| 22 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
| 23 | Sec. 6-106. Application for license or instruction permit.
| ||||||
| 24 | (a) Every application for any permit or license authorized | ||||||
| 25 | to be issued
under this Code shall be made upon a form | ||||||
| |||||||
| |||||||
| 1 | furnished by the Secretary of
State. Every application shall be | ||||||
| 2 | accompanied by the proper fee and payment
of such fee shall | ||||||
| 3 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
| 4 | examination within a period of one year after the date of | ||||||
| 5 | application.
| ||||||
| 6 | (b) Every application shall state the legal name, social | ||||||
| 7 | security
number, zip
code, date of birth, sex, and residence | ||||||
| 8 | address of the applicant; briefly
describe the applicant; state | ||||||
| 9 | whether the applicant has theretofore been
licensed as a | ||||||
| 10 | driver, and, if so, when and by what state or country, and
| ||||||
| 11 | whether any such license has ever been cancelled, suspended, | ||||||
| 12 | revoked or
refused, and, if so, the date and reason for such | ||||||
| 13 | cancellation, suspension,
revocation or refusal; shall include | ||||||
| 14 | an affirmation by the applicant that
all information set forth | ||||||
| 15 | is true and correct; and shall bear the
applicant's signature. | ||||||
| 16 | In addition to the residence address, the Secretary may allow | ||||||
| 17 | the applicant to provide a mailing address. In the case of an | ||||||
| 18 | applicant who is a judicial officer or peace officer, the | ||||||
| 19 | Secretary may allow the applicant to provide an office or work | ||||||
| 20 | address in lieu of a residence or mailing address. The | ||||||
| 21 | application form may
also require the statement of such | ||||||
| 22 | additional relevant information as the
Secretary of State shall | ||||||
| 23 | deem necessary to determine the applicant's
competency and | ||||||
| 24 | eligibility. The Secretary of State may, in his
discretion, by | ||||||
| 25 | rule or regulation, provide that an application for a
drivers | ||||||
| 26 | license or permit may include a suitable photograph of the
| ||||||
| |||||||
| |||||||
| 1 | applicant in the
form prescribed by the Secretary, and he may | ||||||
| 2 | further provide that each
drivers license shall include a | ||||||
| 3 | photograph of the driver. The Secretary of
State may utilize a | ||||||
| 4 | photograph process or system most suitable to deter
alteration | ||||||
| 5 | or improper reproduction of a drivers license and to prevent
| ||||||
| 6 | substitution of another photo thereon.
For the purposes of this | ||||||
| 7 | subsection (b), "peace officer" means any person who by virtue | ||||||
| 8 | of his or her office or public employment is vested by law with | ||||||
| 9 | a duty to maintain public order or to make arrests for a | ||||||
| 10 | violation of any penal statute of this State, whether that duty | ||||||
| 11 | extends to all violations or is limited to specific violations.
| ||||||
| 12 | (b-3) Upon the first issuance of a request for proposals | ||||||
| 13 | for a digital driver's license and identification card issuance | ||||||
| 14 | and facial recognition system issued after January 1, 2020 (the | ||||||
| 15 | effective date of Public Act 101-513) this amendatory Act of | ||||||
| 16 | the 101st General Assembly, and upon implementation of a new or | ||||||
| 17 | revised system procured pursuant to that request for proposals, | ||||||
| 18 | the Secretary shall permit applicants to choose between "male", | ||||||
| 19 | "female" or "non-binary" when designating the applicant's sex | ||||||
| 20 | on the driver's license application form. The sex designated by | ||||||
| 21 | the applicant shall be displayed on the driver's license issued | ||||||
| 22 | to the applicant. | ||||||
| 23 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
| 24 | license or permit shall provide proof of lawful status in the | ||||||
| 25 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
| 26 | who are unable to provide the Secretary with proof of lawful | ||||||
| |||||||
| |||||||
| 1 | status may apply for a driver's license or permit under Section | ||||||
| 2 | 6-105.1 of this Code. | ||||||
| 3 | (c) The application form shall include a notice to the | ||||||
| 4 | applicant of the
registration obligations of sex offenders | ||||||
| 5 | under the Sex Offender Registration
Act. The notice shall be | ||||||
| 6 | provided in a form and manner prescribed by the
Secretary of | ||||||
| 7 | State. For purposes of this subsection (c), "sex offender" has
| ||||||
| 8 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
| 9 | Registration Act.
| ||||||
| 10 | (d) Any male United States citizen or immigrant who applies | ||||||
| 11 | for any
permit or
license authorized to be issued under this | ||||||
| 12 | Code or for a renewal of any permit
or
license,
and who is at | ||||||
| 13 | least 18 years of age but less than 26 years of age, must be
| ||||||
| 14 | registered in compliance with the requirements of the federal | ||||||
| 15 | Military
Selective
Service Act.
The Secretary of State must | ||||||
| 16 | forward in an electronic format the necessary
personal | ||||||
| 17 | information regarding the applicants identified in this | ||||||
| 18 | subsection (d)
to
the Selective Service System. The applicant's | ||||||
| 19 | signature on the application
serves
as an indication that the | ||||||
| 20 | applicant either has already registered with the
Selective
| ||||||
| 21 | Service System or that he is authorizing the Secretary to | ||||||
| 22 | forward to the
Selective
Service System the necessary | ||||||
| 23 | information for registration. The Secretary must
notify the | ||||||
| 24 | applicant at the time of application that his signature | ||||||
| 25 | constitutes
consent to registration with the Selective Service | ||||||
| 26 | System, if he is not already
registered.
| ||||||
| |||||||
| |||||||
| 1 | (e) Beginning on or before July 1, 2015, for each original | ||||||
| 2 | or renewal driver's license application under this Code, the | ||||||
| 3 | Secretary shall inquire as to whether the applicant is a | ||||||
| 4 | veteran for purposes of issuing a driver's license with a | ||||||
| 5 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
| 6 | this Code. The acceptable forms of proof shall include, but are | ||||||
| 7 | not limited to, Department of Defense form DD-214, Department | ||||||
| 8 | of Defense form DD-256 for applicants who did not receive a | ||||||
| 9 | form DD-214 upon the completion of initial basic training, | ||||||
| 10 | Department of Defense form DD-2 (Retired), an identification | ||||||
| 11 | card issued under the federal Veterans Identification Card Act | ||||||
| 12 | of 2015, or a United States Department of Veterans Affairs | ||||||
| 13 | summary of benefits letter. If the document cannot be stamped, | ||||||
| 14 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
| 15 | certificate to the veteran to provide to the Secretary of | ||||||
| 16 | State. The Illinois Department of Veterans' Affairs shall | ||||||
| 17 | advise the Secretary as to what other forms of proof of a | ||||||
| 18 | person's status as a veteran are acceptable. | ||||||
| 19 | For each applicant who is issued a driver's license with a | ||||||
| 20 | veteran designation, the Secretary shall provide the | ||||||
| 21 | Department of Veterans' Affairs with the applicant's name, | ||||||
| 22 | address, date of birth, gender and such other demographic | ||||||
| 23 | information as agreed to by the Secretary and the Department. | ||||||
| 24 | The Department may take steps necessary to confirm the | ||||||
| 25 | applicant is a veteran. If after due diligence, including | ||||||
| 26 | writing to the applicant at the address provided by the | ||||||
| |||||||
| |||||||
| 1 | Secretary, the Department is unable to verify the applicant's | ||||||
| 2 | veteran status, the Department shall inform the Secretary, who | ||||||
| 3 | shall notify the applicant that the he or she must confirm | ||||||
| 4 | status as a veteran, or the driver's license will be cancelled. | ||||||
| 5 | For purposes of this subsection (e): | ||||||
| 6 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 7 | States, including a member of any reserve component or National | ||||||
| 8 | Guard unit. | ||||||
| 9 | "Veteran" means a person who has served in the armed forces | ||||||
| 10 | and was discharged or separated under honorable conditions. | ||||||
| 11 | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; | ||||||
| 12 | 100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff. | ||||||
| 13 | 8-9-19; 101-513, eff. 1-1-20; revised 9-23-19.)
| ||||||
| 14 | (625 ILCS 5/11-501.9) | ||||||
| 15 | Sec. 11-501.9. Suspension of driver's license; failure or | ||||||
| 16 | refusal of validated roadside chemical tests; failure or | ||||||
| 17 | refusal of field sobriety tests; implied consent. | ||||||
| 18 | (a) A person who drives or is in actual physical control of | ||||||
| 19 | a motor vehicle upon the public highways of this State shall be | ||||||
| 20 | deemed to have given consent to (i) validated roadside chemical | ||||||
| 21 | tests or (ii) standardized field sobriety tests approved by the | ||||||
| 22 | National Highway Traffic Safety Administration, under | ||||||
| 23 | subsection (a-5) of Section 11-501.2 of this Code, if detained | ||||||
| 24 | by a law enforcement officer who has a reasonable suspicion | ||||||
| 25 | that the person is driving or is in actual physical control of | ||||||
| |||||||
| |||||||
| 1 | a motor vehicle while impaired by the use of cannabis. The law | ||||||
| 2 | enforcement officer must have an independent, cannabis-related | ||||||
| 3 | factual basis giving reasonable suspicion that the person is | ||||||
| 4 | driving or in actual physical control of a motor vehicle while | ||||||
| 5 | impaired by the use of cannabis for conducting validated | ||||||
| 6 | roadside chemical tests or standardized field sobriety tests, | ||||||
| 7 | which shall be included with the results of the validated | ||||||
| 8 | roadside chemical tests and field sobriety tests in any report | ||||||
| 9 | made by the law enforcement officer who requests the test. The | ||||||
| 10 | person's possession of a registry identification card issued | ||||||
| 11 | under the Compassionate Use of Medical Cannabis Program Act | ||||||
| 12 | alone is not a sufficient basis for reasonable suspicion. | ||||||
| 13 | For purposes of this Section, a law enforcement officer of | ||||||
| 14 | this State who is investigating a person for an offense under | ||||||
| 15 | Section 11-501 of this Code may travel into an adjoining state | ||||||
| 16 | where the person has been transported for medical care to | ||||||
| 17 | complete an investigation and to request that the person submit | ||||||
| 18 | to field sobriety tests under this Section. | ||||||
| 19 | (b) A person who is unconscious, or otherwise in a | ||||||
| 20 | condition rendering the person incapable of refusal, shall be | ||||||
| 21 | deemed to have withdrawn the consent provided by subsection (a) | ||||||
| 22 | of this Section. | ||||||
| 23 | (c) A person requested to submit to validated roadside | ||||||
| 24 | chemical tests or field sobriety tests, as provided in this | ||||||
| 25 | Section, shall be warned by the law enforcement officer | ||||||
| 26 | requesting the field sobriety tests that a refusal to submit to | ||||||
| |||||||
| |||||||
| 1 | the validated roadside chemical tests or field sobriety tests | ||||||
| 2 | will result in the suspension of the person's privilege to | ||||||
| 3 | operate a motor vehicle, as provided in subsection (f) of this | ||||||
| 4 | Section. The person shall also be warned by the law enforcement | ||||||
| 5 | officer that if the person submits to validated roadside | ||||||
| 6 | chemical tests or field sobriety tests as provided in this | ||||||
| 7 | Section which disclose the person is impaired by the use of | ||||||
| 8 | cannabis, a suspension of the person's privilege to operate a | ||||||
| 9 | motor vehicle, as provided in subsection (f) of this Section, | ||||||
| 10 | will be imposed. | ||||||
| 11 | (d) The results of validated roadside chemical tests or | ||||||
| 12 | field sobriety tests administered under this Section shall be | ||||||
| 13 | admissible in a civil or criminal action or proceeding arising | ||||||
| 14 | from an arrest for an offense as defined in Section 11-501 of | ||||||
| 15 | this Code or a similar provision of a local ordinance. These | ||||||
| 16 | test results shall be admissible only in actions or proceedings | ||||||
| 17 | directly related to the incident upon which the test request | ||||||
| 18 | was made. | ||||||
| 19 | (e) If the person refuses validated roadside chemical tests | ||||||
| 20 | or field sobriety tests or submits to validated roadside | ||||||
| 21 | chemical tests or field sobriety tests that disclose the person | ||||||
| 22 | is impaired by the use of cannabis, the law enforcement officer | ||||||
| 23 | shall immediately submit a sworn report to the circuit court of | ||||||
| 24 | venue and the Secretary of State certifying that testing was | ||||||
| 25 | requested under this Section and that the person refused to | ||||||
| 26 | submit to validated roadside chemical tests or field sobriety | ||||||
| |||||||
| |||||||
| 1 | tests or submitted to validated roadside chemical tests or | ||||||
| 2 | field sobriety tests that disclosed the person was impaired by | ||||||
| 3 | the use of cannabis. The sworn report must include the law | ||||||
| 4 | enforcement officer's factual basis for reasonable suspicion | ||||||
| 5 | that the person was impaired by the use of cannabis. | ||||||
| 6 | (f) Upon receipt of the sworn report of a law enforcement | ||||||
| 7 | officer submitted under subsection (e) of this Section, the | ||||||
| 8 | Secretary of State shall enter the suspension to the driving | ||||||
| 9 | record as follows: | ||||||
| 10 | (1) for refusal or failure to complete validated | ||||||
| 11 | roadside chemical tests or field sobriety tests, a 12-month | ||||||
| 12 | 12 month suspension shall be entered; or | ||||||
| 13 | (2) for submitting to validated roadside chemical | ||||||
| 14 | tests or field sobriety tests that disclosed the driver was | ||||||
| 15 | impaired by the use of cannabis, a 6-month 6 month | ||||||
| 16 | suspension shall be entered. | ||||||
| 17 | The Secretary of State shall confirm the suspension by | ||||||
| 18 | mailing a notice of the effective date of the suspension to the | ||||||
| 19 | person and the court of venue. However, should the sworn report | ||||||
| 20 | be defective for insufficient information or be completed in | ||||||
| 21 | error, the confirmation of the suspension shall not be mailed | ||||||
| 22 | to the person or entered to the record; instead, the sworn | ||||||
| 23 | report shall be forwarded to the court of venue with a copy | ||||||
| 24 | returned to the issuing agency identifying the defect. | ||||||
| 25 | (g) The law enforcement officer submitting the sworn report | ||||||
| 26 | under subsection (e) of this Section shall serve immediate | ||||||
| |||||||
| |||||||
| 1 | notice of the suspension on the person and the suspension shall | ||||||
| 2 | be effective as provided in subsection (h) of this Section. If | ||||||
| 3 | immediate notice of the suspension cannot be given, the | ||||||
| 4 | arresting officer or arresting agency shall give notice by | ||||||
| 5 | deposit in the United States mail of the notice in an envelope | ||||||
| 6 | with postage prepaid and addressed to the person at his or her | ||||||
| 7 | address as shown on the Uniform Traffic Ticket and the | ||||||
| 8 | suspension shall begin as provided in subsection (h) of this | ||||||
| 9 | Section. The officer shall confiscate any Illinois driver's | ||||||
| 10 | license or permit on the person at the time of arrest. If the | ||||||
| 11 | person has a valid driver's license or permit, the officer | ||||||
| 12 | shall issue the person a receipt, in a form prescribed by the | ||||||
| 13 | Secretary of State, that will allow the person to drive during | ||||||
| 14 | the period provided for in subsection (h) of this Section. The | ||||||
| 15 | officer shall immediately forward the driver's license or | ||||||
| 16 | permit to the circuit court of venue along with the sworn | ||||||
| 17 | report under subsection (e) of this Section. | ||||||
| 18 | (h) The suspension under subsection (f) of this Section | ||||||
| 19 | shall take effect on the 46th day following the date the notice | ||||||
| 20 | of the suspension was given to the person. | ||||||
| 21 | (i) When a driving privilege has been suspended under this | ||||||
| 22 | Section and the person is subsequently convicted of violating | ||||||
| 23 | Section 11-501 of this Code, or a similar provision of a local | ||||||
| 24 | ordinance, for the same incident, any period served on | ||||||
| 25 | suspension under this Section shall be credited toward the | ||||||
| 26 | minimum period of revocation of driving privileges imposed | ||||||
| |||||||
| |||||||
| 1 | under Section 6-205 of this Code.
| ||||||
| 2 | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; | ||||||
| 3 | revised 9-20-19.)
| ||||||
| 4 | (625 ILCS 5/11-502.1) | ||||||
| 5 | Sec. 11-502.1. Possession of medical cannabis in a motor | ||||||
| 6 | vehicle. | ||||||
| 7 | (a) No driver, who is a medical cannabis cardholder, may | ||||||
| 8 | use medical cannabis within the passenger area of any motor | ||||||
| 9 | vehicle upon a highway in this State. | ||||||
| 10 | (b) No driver, who is a medical cannabis cardholder, a | ||||||
| 11 | medical cannabis designated caregiver, medical cannabis | ||||||
| 12 | cultivation center agent, or dispensing organization agent may | ||||||
| 13 | possess medical cannabis within any area of any motor vehicle | ||||||
| 14 | upon a highway in this State except in a sealed, odor-proof, | ||||||
| 15 | and child-resistant medical cannabis container. | ||||||
| 16 | (c) No passenger, who is a medical cannabis card holder, a | ||||||
| 17 | medical cannabis designated caregiver, or medical cannabis | ||||||
| 18 | dispensing organization agent may possess medical cannabis | ||||||
| 19 | within any passenger area of any motor vehicle upon a highway | ||||||
| 20 | in this State except in a sealed, odor-proof, and | ||||||
| 21 | child-resistant medical cannabis container. | ||||||
| 22 | (d) Any person who violates subsections (a) through (c) of | ||||||
| 23 | this Section: | ||||||
| 24 | (1) commits a Class A misdemeanor; | ||||||
| 25 | (2) shall be subject to revocation of his or her | ||||||
| |||||||
| |||||||
| 1 | medical cannabis card for a period of 2 years from the end | ||||||
| 2 | of the sentence imposed; | ||||||
| 3 | (3) (4) shall be subject to revocation of his or her | ||||||
| 4 | status as a medical cannabis caregiver, medical cannabis | ||||||
| 5 | cultivation center agent, or medical cannabis dispensing | ||||||
| 6 | organization agent for a period of 2 years from the end of | ||||||
| 7 | the sentence imposed.
| ||||||
| 8 | (Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.)
| ||||||
| 9 | (625 ILCS 5/11-1412.3) | ||||||
| 10 | Sec. 11-1412.3. Ownership and operation of a mobile | ||||||
| 11 | carrying device. | ||||||
| 12 | (a) A mobile carrying device may be operated on a sidewalk | ||||||
| 13 | or crosswalk so long as all of the following requirements are | ||||||
| 14 | met: | ||||||
| 15 | (1) the mobile carrying device is operated in | ||||||
| 16 | accordance with the local ordinances, if any, established | ||||||
| 17 | by the local authority governing where the mobile carrying | ||||||
| 18 | device is operated; | ||||||
| 19 | (2) a personal property owner is actively monitoring | ||||||
| 20 | the operation and navigation of the mobile carrying device; | ||||||
| 21 | and | ||||||
| 22 | (3) the mobile carrying device is equipped with a | ||||||
| 23 | braking system that enables the mobile carrying device to | ||||||
| 24 | perform a controlled stop. | ||||||
| 25 | (b) A mobile carrying device operator may not do any of
the | ||||||
| |||||||
| |||||||
| 1 | following: | ||||||
| 2 | (1) fail to comply with traffic or pedestrian control | ||||||
| 3 | devices and signals; | ||||||
| 4 | (2) unreasonably interfere with pedestrians or | ||||||
| 5 | traffic; | ||||||
| 6 | (3) transport a person; or | ||||||
| 7 | (4) operate on a street or highway, except when | ||||||
| 8 | crossing the street or highway within a crosswalk. | ||||||
| 9 | (c) A mobile carrying device operator has the rights and | ||||||
| 10 | obligations applicable to a pedestrian under the same | ||||||
| 11 | circumstances, and shall ensure that a mobile carrying device | ||||||
| 12 | shall yield the right-of-way to a pedestrian on a sidewalk or | ||||||
| 13 | within a crosswalk. | ||||||
| 14 | (d) A personal property owner may not utilize a mobile | ||||||
| 15 | carrying device to transport hazardous materials. | ||||||
| 16 | (e) A personal property owner may not utilize a mobile
| ||||||
| 17 | carrying device unless the person complies with this Section. | ||||||
| 18 | (f) A mobile carrying device operator that who is not a | ||||||
| 19 | natural person shall register with the Secretary of State. | ||||||
| 20 | (g) No contract seeking to exempt a mobile carrying device | ||||||
| 21 | operator from liability for injury, loss, or death caused by a | ||||||
| 22 | mobile carrying device shall be valid, and contractual | ||||||
| 23 | provisions limiting the choice of venue or forum, shortening | ||||||
| 24 | the statute of limitations, shifting the risk to the user, | ||||||
| 25 | limiting the availability of class actions, or obtaining | ||||||
| 26 | judicial remedies shall be invalid and unenforceable. | ||||||
| |||||||
| |||||||
| 1 | (h) A violation of this Section is a petty offense.
| ||||||
| 2 | (Source: P.A. 101-123, eff. 7-26-19; revised 9-24-19.)
| ||||||
| 3 | (625 ILCS 5/12-610.2)
| ||||||
| 4 | (Text of Section before amendment by P.A. 101-90)
| ||||||
| 5 | Sec. 12-610.2. Electronic communication devices. | ||||||
| 6 | (a) As used in this Section: | ||||||
| 7 | "Electronic communication device" means an electronic | ||||||
| 8 | device, including, but not limited to, a hand-held wireless | ||||||
| 9 | telephone, hand-held personal digital assistant, or a portable | ||||||
| 10 | or mobile computer, but does not include a global positioning | ||||||
| 11 | system or navigation system or a device that is physically or | ||||||
| 12 | electronically integrated into the motor vehicle. | ||||||
| 13 | (b) A person may not operate a motor vehicle on a roadway | ||||||
| 14 | while using an electronic communication device, including | ||||||
| 15 | using an electronic communication device to watch or stream | ||||||
| 16 | video. | ||||||
| 17 | (b-5) A person commits aggravated use of an electronic | ||||||
| 18 | communication device when he or she violates subsection (b) and | ||||||
| 19 | in committing the violation he or she is involved in a motor | ||||||
| 20 | vehicle accident that results in great bodily harm, permanent | ||||||
| 21 | disability, disfigurement, or death to another and the | ||||||
| 22 | violation is a proximate cause of the injury or death. | ||||||
| 23 | (c) A violation of this Section is an offense against | ||||||
| 24 | traffic regulations governing the movement of vehicles. A | ||||||
| 25 | person who violates this Section shall be fined a maximum of | ||||||
| |||||||
| |||||||
| 1 | $75 for a first offense, $100 for a second offense, $125 for a | ||||||
| 2 | third offense, and $150 for a fourth or subsequent offense. | ||||||
| 3 | (d) This Section does not apply to: | ||||||
| 4 | (1) a law enforcement officer or operator of an | ||||||
| 5 | emergency vehicle while performing his or her official | ||||||
| 6 | duties; | ||||||
| 7 | (1.5) a first responder, including a volunteer first | ||||||
| 8 | responder, while operating his or her own personal motor | ||||||
| 9 | vehicle using an electronic communication device for the | ||||||
| 10 | sole purpose of receiving information about an emergency | ||||||
| 11 | situation while en route to performing his or her official | ||||||
| 12 | duties; | ||||||
| 13 | (2) a driver using an electronic communication device | ||||||
| 14 | for the sole purpose of reporting an emergency situation | ||||||
| 15 | and continued communication with emergency personnel | ||||||
| 16 | during the emergency situation; | ||||||
| 17 | (3) a driver using an electronic communication device | ||||||
| 18 | in hands-free or voice-operated mode, which may include the | ||||||
| 19 | use of a headset; | ||||||
| 20 | (4) a driver of a commercial motor vehicle reading a | ||||||
| 21 | message displayed on a permanently installed communication | ||||||
| 22 | device designed for a commercial motor vehicle with a | ||||||
| 23 | screen that does not exceed 10 inches tall by 10 inches | ||||||
| 24 | wide in size; | ||||||
| 25 | (5) a driver using an electronic communication device | ||||||
| 26 | while parked on the shoulder of a roadway; | ||||||
| |||||||
| |||||||
| 1 | (6) a driver using an electronic communication device | ||||||
| 2 | when the vehicle is stopped due to normal traffic being | ||||||
| 3 | obstructed and the driver has the motor vehicle | ||||||
| 4 | transmission in neutral or park;
| ||||||
| 5 | (7) a driver using two-way or citizens band radio | ||||||
| 6 | services; | ||||||
| 7 | (8) a driver using two-way mobile radio transmitters or | ||||||
| 8 | receivers for licensees of the Federal Communications | ||||||
| 9 | Commission in the amateur radio service; | ||||||
| 10 | (9) a driver using an electronic communication device | ||||||
| 11 | by pressing a single button to initiate or terminate a | ||||||
| 12 | voice communication; or | ||||||
| 13 | (10) a driver using an electronic communication device | ||||||
| 14 | capable of performing multiple functions, other than a | ||||||
| 15 | hand-held wireless telephone or hand-held personal digital | ||||||
| 16 | assistant (for example, a fleet management system, | ||||||
| 17 | dispatching device, citizens band radio, or music player) | ||||||
| 18 | for a purpose that is not otherwise prohibited by this | ||||||
| 19 | Section. | ||||||
| 20 | (e) A person convicted of violating subsection (b-5) | ||||||
| 21 | commits a Class A misdemeanor if the violation resulted in | ||||||
| 22 | great bodily harm, permanent disability, or disfigurement to | ||||||
| 23 | another. A person convicted of violating subsection (b-5) | ||||||
| 24 | commits a Class 4 felony if the violation resulted in the death | ||||||
| 25 | of another person. | ||||||
| 26 | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | ||||||
| |||||||
| |||||||
| 1 | 101-81, eff. 7-12-19; 101-297, eff. 1-1-20.)
| ||||||
| 2 | (Text of Section after amendment by P.A. 101-90)
| ||||||
| 3 | Sec. 12-610.2. Electronic communication devices. | ||||||
| 4 | (a) As used in this Section: | ||||||
| 5 | "Electronic communication device" means an electronic | ||||||
| 6 | device, including, but not limited to, a hand-held wireless | ||||||
| 7 | telephone, hand-held personal digital assistant, or a portable | ||||||
| 8 | or mobile computer, but does not include a global positioning | ||||||
| 9 | system or navigation system or a device that is physically or | ||||||
| 10 | electronically integrated into the motor vehicle. | ||||||
| 11 | (b) A person may not operate a motor vehicle on a roadway | ||||||
| 12 | while using an electronic communication device, including | ||||||
| 13 | using an electronic communication device to watch or stream | ||||||
| 14 | video. | ||||||
| 15 | (b-5) A person commits aggravated use of an electronic | ||||||
| 16 | communication device when he or she violates subsection (b) and | ||||||
| 17 | in committing the violation he or she is involved in a motor | ||||||
| 18 | vehicle accident that results in great bodily harm, permanent | ||||||
| 19 | disability, disfigurement, or death to another and the | ||||||
| 20 | violation is a proximate cause of the injury or death. | ||||||
| 21 | (c) A violation of this Section is an offense against | ||||||
| 22 | traffic regulations governing the movement of vehicles. A | ||||||
| 23 | person who violates this Section shall be fined a maximum of | ||||||
| 24 | $75 for a first offense, $100 for a second offense, $125 for a | ||||||
| 25 | third offense, and $150 for a fourth or subsequent offense, | ||||||
| |||||||
| |||||||
| 1 | except that a person who violates subsection (b-5) shall be | ||||||
| 2 | assessed a minimum fine of $1,000. | ||||||
| 3 | (d) This Section does not apply to: | ||||||
| 4 | (1) a law enforcement officer or operator of an | ||||||
| 5 | emergency vehicle while performing his or her official | ||||||
| 6 | duties; | ||||||
| 7 | (1.5) a first responder, including a volunteer first | ||||||
| 8 | responder, while operating his or her own personal motor | ||||||
| 9 | vehicle using an electronic communication device for the | ||||||
| 10 | sole purpose of receiving information about an emergency | ||||||
| 11 | situation while en route to performing his or her official | ||||||
| 12 | duties; | ||||||
| 13 | (2) a driver using an electronic communication device | ||||||
| 14 | for the sole purpose of reporting an emergency situation | ||||||
| 15 | and continued communication with emergency personnel | ||||||
| 16 | during the emergency situation; | ||||||
| 17 | (3) a driver using an electronic communication device | ||||||
| 18 | in hands-free or voice-operated mode, which may include the | ||||||
| 19 | use of a headset; | ||||||
| 20 | (4) a driver of a commercial motor vehicle reading a | ||||||
| 21 | message displayed on a permanently installed communication | ||||||
| 22 | device designed for a commercial motor vehicle with a | ||||||
| 23 | screen that does not exceed 10 inches tall by 10 inches | ||||||
| 24 | wide in size; | ||||||
| 25 | (5) a driver using an electronic communication device | ||||||
| 26 | while parked on the shoulder of a roadway; | ||||||
| |||||||
| |||||||
| 1 | (6) a driver using an electronic communication device | ||||||
| 2 | when the vehicle is stopped due to normal traffic being | ||||||
| 3 | obstructed and the driver has the motor vehicle | ||||||
| 4 | transmission in neutral or park;
| ||||||
| 5 | (7) a driver using two-way or citizens band radio | ||||||
| 6 | services; | ||||||
| 7 | (8) a driver using two-way mobile radio transmitters or | ||||||
| 8 | receivers for licensees of the Federal Communications | ||||||
| 9 | Commission in the amateur radio service; | ||||||
| 10 | (9) a driver using an electronic communication device | ||||||
| 11 | by pressing a single button to initiate or terminate a | ||||||
| 12 | voice communication; or | ||||||
| 13 | (10) a driver using an electronic communication device | ||||||
| 14 | capable of performing multiple functions, other than a | ||||||
| 15 | hand-held wireless telephone or hand-held personal digital | ||||||
| 16 | assistant (for example, a fleet management system, | ||||||
| 17 | dispatching device, citizens band radio, or music player) | ||||||
| 18 | for a purpose that is not otherwise prohibited by this | ||||||
| 19 | Section. | ||||||
| 20 | (e) A person convicted of violating subsection (b-5) | ||||||
| 21 | commits a Class A misdemeanor if the violation resulted in | ||||||
| 22 | great bodily harm, permanent disability, or disfigurement to | ||||||
| 23 | another. A person convicted of violating subsection (b-5) | ||||||
| 24 | commits a Class 4 felony if the violation resulted in the death | ||||||
| 25 | of another person. | ||||||
| 26 | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | ||||||
| |||||||
| |||||||
| 1 | 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 101-297, eff. | ||||||
| 2 | 1-1-20; revised 9-24-19.)
| ||||||
| 3 | Section 595. The Juvenile Court Act of 1987 is amended by | ||||||
| 4 | changing Sections 2-31, 5-710, and 5-915 as follows:
| ||||||
| 5 | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
| ||||||
| 6 | Sec. 2-31. Duration of wardship and discharge of | ||||||
| 7 | proceedings.
| ||||||
| 8 | (1) All proceedings under Article II of this Act in respect | ||||||
| 9 | of any minor
automatically terminate upon his or her attaining | ||||||
| 10 | the age of 21 years.
| ||||||
| 11 | (2) Whenever the court determines, and makes written | ||||||
| 12 | factual findings, that
health, safety, and the best interests | ||||||
| 13 | of the minor and
the public no longer require the wardship of | ||||||
| 14 | the court, the court shall
order the wardship terminated and | ||||||
| 15 | all proceedings under this Act respecting
that minor finally | ||||||
| 16 | closed and discharged. The court may at the same time
continue | ||||||
| 17 | or terminate any custodianship or guardianship theretofore | ||||||
| 18 | ordered
but the termination must be made in compliance with | ||||||
| 19 | Section 2-28. When terminating wardship under this Section, if | ||||||
| 20 | the minor is over 18, or if wardship is terminated in | ||||||
| 21 | conjunction with an order partially or completely emancipating | ||||||
| 22 | the minor in accordance with the Emancipation of Minors Act, | ||||||
| 23 | the court shall also consider the following factors, in | ||||||
| 24 | addition to the health, safety, and best interest of the minor | ||||||
| |||||||
| |||||||
| 1 | and the public: (A) the minor's wishes regarding case closure; | ||||||
| 2 | (B) the manner in which the minor will maintain independence | ||||||
| 3 | without services from the Department; (C) the minor's | ||||||
| 4 | engagement in services including placement offered by the | ||||||
| 5 | Department; (D) if the minor is not engaged, the Department's | ||||||
| 6 | efforts to engage the minor; (E) the nature of communication | ||||||
| 7 | between the minor and the Department; (F) the minor's | ||||||
| 8 | involvement in other State systems or services; (G) the minor's | ||||||
| 9 | connections with family and other community support; and (H) | ||||||
| 10 | any other factor the court deems relevant. The minor's lack of | ||||||
| 11 | cooperation with services provided by the Department of | ||||||
| 12 | Children and Family Services shall not by itself be considered | ||||||
| 13 | sufficient evidence that the minor is prepared to live | ||||||
| 14 | independently and that it is in the best interest of the minor | ||||||
| 15 | to terminate wardship. It shall not be in the minor's best | ||||||
| 16 | interest to terminate wardship of a minor over the age of 18 | ||||||
| 17 | who is in the guardianship of the Department of Children and | ||||||
| 18 | Family Services if the Department has not made reasonable | ||||||
| 19 | efforts to ensure that the minor has documents necessary for | ||||||
| 20 | adult living as provided in Section 35.10 of the Children and | ||||||
| 21 | Family Services Act.
| ||||||
| 22 | (3) The wardship of the minor and any custodianship or | ||||||
| 23 | guardianship
respecting the minor for whom a petition was filed | ||||||
| 24 | after July 24, 1991 (the effective
date of Public Act 87-14) | ||||||
| 25 | this amendatory Act of 1991 automatically terminates when he
| ||||||
| 26 | attains the age of 19 years, except as set forth in subsection | ||||||
| |||||||
| |||||||
| 1 | (1) of this
Section. The clerk of the court shall at that time | ||||||
| 2 | record all proceedings
under this Act as finally closed and | ||||||
| 3 | discharged for that reason. The provisions of this subsection | ||||||
| 4 | (3) become inoperative on and after July 12, 2019 (the | ||||||
| 5 | effective date of Public Act 101-78) this amendatory Act of the | ||||||
| 6 | 101st General Assembly.
| ||||||
| 7 | (4) Notwithstanding any provision of law to the contrary, | ||||||
| 8 | the changes made by Public Act 101-78 this amendatory Act of | ||||||
| 9 | the 101st General Assembly apply to all cases that are pending | ||||||
| 10 | on or after July 12, 2019 (the effective date of Public Act | ||||||
| 11 | 101-78) this amendatory Act of the 101st General Assembly. | ||||||
| 12 | (Source: P.A. 100-680, eff. 1-1-19; 101-78, eff. 7-12-19; | ||||||
| 13 | revised 9-12-19.)
| ||||||
| 14 | (705 ILCS 405/5-710)
| ||||||
| 15 | Sec. 5-710. Kinds of sentencing orders.
| ||||||
| 16 | (1) The following kinds of sentencing orders may be made in | ||||||
| 17 | respect of
wards of the court:
| ||||||
| 18 | (a) Except as provided in Sections 5-805, 5-810, and | ||||||
| 19 | 5-815, a minor who is
found
guilty under Section 5-620 may | ||||||
| 20 | be:
| ||||||
| 21 | (i) put on probation or conditional discharge and | ||||||
| 22 | released to his or her
parents, guardian or legal | ||||||
| 23 | custodian, provided, however, that any such minor
who | ||||||
| 24 | is not committed to the Department of Juvenile Justice | ||||||
| 25 | under
this subsection and who is found to be a | ||||||
| |||||||
| |||||||
| 1 | delinquent for an offense which is
first degree murder, | ||||||
| 2 | a Class X felony, or a forcible felony shall be placed | ||||||
| 3 | on
probation;
| ||||||
| 4 | (ii) placed in accordance with Section 5-740, with | ||||||
| 5 | or without also being
put on probation or conditional | ||||||
| 6 | discharge;
| ||||||
| 7 | (iii) required to undergo a substance abuse | ||||||
| 8 | assessment conducted by a
licensed provider and | ||||||
| 9 | participate in the indicated clinical level of care;
| ||||||
| 10 | (iv) on and after January 1, 2015 (the effective | ||||||
| 11 | date of Public Act 98-803) this amendatory Act of the | ||||||
| 12 | 98th General Assembly and before January 1, 2017, | ||||||
| 13 | placed in the guardianship of the Department of | ||||||
| 14 | Children and Family
Services, but only if the | ||||||
| 15 | delinquent minor is under 16 years of age or, pursuant | ||||||
| 16 | to Article II of this Act, a minor under the age of 18 | ||||||
| 17 | for whom an independent basis of abuse, neglect, or | ||||||
| 18 | dependency exists. On and after January 1, 2017, placed | ||||||
| 19 | in the guardianship of the Department of Children and | ||||||
| 20 | Family
Services, but only if the delinquent minor is | ||||||
| 21 | under 15 years of age or, pursuant to Article II of | ||||||
| 22 | this Act, a minor for whom an independent basis of | ||||||
| 23 | abuse, neglect, or dependency exists. An independent | ||||||
| 24 | basis exists when the allegations or adjudication of | ||||||
| 25 | abuse, neglect, or dependency do not arise from the | ||||||
| 26 | same facts, incident, or circumstances which give rise | ||||||
| |||||||
| |||||||
| 1 | to a charge or adjudication of delinquency;
| ||||||
| 2 | (v) placed in detention for a period not to exceed | ||||||
| 3 | 30 days, either as
the
exclusive order of disposition | ||||||
| 4 | or, where appropriate, in conjunction with any
other | ||||||
| 5 | order of disposition issued under this paragraph, | ||||||
| 6 | provided that any such
detention shall be in a juvenile | ||||||
| 7 | detention home and the minor so detained shall
be 10 | ||||||
| 8 | years of age or older. However, the 30-day limitation | ||||||
| 9 | may be extended by
further order of the court for a | ||||||
| 10 | minor under age 15 committed to the Department
of | ||||||
| 11 | Children and Family Services if the court finds that | ||||||
| 12 | the minor is a danger
to himself or others. The minor | ||||||
| 13 | shall be given credit on the sentencing order
of | ||||||
| 14 | detention for time spent in detention under Sections | ||||||
| 15 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
| 16 | result of the offense for which the sentencing order | ||||||
| 17 | was imposed.
The court may grant credit on a sentencing | ||||||
| 18 | order of detention entered under a
violation of | ||||||
| 19 | probation or violation of conditional discharge under | ||||||
| 20 | Section
5-720 of this Article for time spent in | ||||||
| 21 | detention before the filing of the
petition
alleging | ||||||
| 22 | the violation. A minor shall not be deprived of credit | ||||||
| 23 | for time spent
in detention before the filing of a | ||||||
| 24 | violation of probation or conditional
discharge | ||||||
| 25 | alleging the same or related act or acts. The | ||||||
| 26 | limitation that the minor shall only be placed in a | ||||||
| |||||||
| |||||||
| 1 | juvenile detention home does not apply as follows: | ||||||
| 2 | Persons 18 years of age and older who have a | ||||||
| 3 | petition of delinquency filed against them may be | ||||||
| 4 | confined in an adult detention facility. In making a | ||||||
| 5 | determination whether to confine a person 18 years of | ||||||
| 6 | age or older who has a petition of delinquency filed | ||||||
| 7 | against the person, these factors, among other | ||||||
| 8 | matters, shall be considered: | ||||||
| 9 | (A) the age of the person; | ||||||
| 10 | (B) any previous delinquent or criminal | ||||||
| 11 | history of the person; | ||||||
| 12 | (C) any previous abuse or neglect history of | ||||||
| 13 | the person; | ||||||
| 14 | (D) any mental health history of the person; | ||||||
| 15 | and | ||||||
| 16 | (E) any educational history of the person;
| ||||||
| 17 | (vi) ordered partially or completely emancipated | ||||||
| 18 | in accordance with the
provisions of the Emancipation | ||||||
| 19 | of Minors Act;
| ||||||
| 20 | (vii) subject to having his or her driver's license | ||||||
| 21 | or driving
privileges
suspended for such time as | ||||||
| 22 | determined by the court but only until he or she
| ||||||
| 23 | attains 18 years of age;
| ||||||
| 24 | (viii) put on probation or conditional discharge | ||||||
| 25 | and placed in detention
under Section 3-6039 of the | ||||||
| 26 | Counties Code for a period not to exceed the period
of | ||||||
| |||||||
| |||||||
| 1 | incarceration permitted by law for adults found guilty | ||||||
| 2 | of the same offense
or offenses for which the minor was | ||||||
| 3 | adjudicated delinquent, and in any event no
longer than | ||||||
| 4 | upon attainment of age 21; this subdivision (viii) | ||||||
| 5 | notwithstanding
any contrary provision of the law;
| ||||||
| 6 | (ix) ordered to undergo a medical or other | ||||||
| 7 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
| 8 | street gang removed from his or her body; or | ||||||
| 9 | (x) placed in electronic monitoring or home | ||||||
| 10 | detention under Part 7A of this Article.
| ||||||
| 11 | (b) A minor found to be guilty may be committed to the | ||||||
| 12 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
| 13 | minor is at least 13 years and under 20 years of age,
| ||||||
| 14 | provided that the commitment to the Department of Juvenile | ||||||
| 15 | Justice shall be made only if the minor was found guilty of | ||||||
| 16 | a felony offense or first degree murder. The court shall | ||||||
| 17 | include in the sentencing order any pre-custody credits the | ||||||
| 18 | minor is entitled to under Section 5-4.5-100 of the Unified | ||||||
| 19 | Code of Corrections. The time during which a minor is in | ||||||
| 20 | custody before being released
upon the request of a parent, | ||||||
| 21 | guardian or legal custodian shall also be considered
as | ||||||
| 22 | time spent in custody.
| ||||||
| 23 | (c) When a minor is found to be guilty for an offense | ||||||
| 24 | which is a violation
of the Illinois Controlled Substances | ||||||
| 25 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
| 26 | Control and Community Protection Act and made
a ward of the | ||||||
| |||||||
| |||||||
| 1 | court, the court may enter a disposition order requiring | ||||||
| 2 | the
minor to undergo assessment,
counseling or treatment in | ||||||
| 3 | a substance use disorder treatment program approved by the | ||||||
| 4 | Department
of Human Services.
| ||||||
| 5 | (2) Any sentencing order other than commitment to the | ||||||
| 6 | Department of
Juvenile Justice may provide for protective | ||||||
| 7 | supervision under
Section 5-725 and may include an order of | ||||||
| 8 | protection under Section 5-730.
| ||||||
| 9 | (3) Unless the sentencing order expressly so provides, it | ||||||
| 10 | does not operate
to close proceedings on the pending petition, | ||||||
| 11 | but is subject to modification
until final closing and | ||||||
| 12 | discharge of the proceedings under Section 5-750.
| ||||||
| 13 | (4) In addition to any other sentence, the court may order | ||||||
| 14 | any
minor
found to be delinquent to make restitution, in | ||||||
| 15 | monetary or non-monetary form,
under the terms and conditions | ||||||
| 16 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
| 17 | that the "presentencing hearing" referred to in that
Section
| ||||||
| 18 | shall be
the sentencing hearing for purposes of this Section. | ||||||
| 19 | The parent, guardian or
legal custodian of the minor may be | ||||||
| 20 | ordered by the court to pay some or all of
the restitution on | ||||||
| 21 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
| 22 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
| 23 | victim in seeking restitution in proceedings under this
| ||||||
| 24 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
| 25 | Parental
Responsibility Law.
| ||||||
| 26 | (5) Any sentencing order where the minor is committed or | ||||||
| |||||||
| |||||||
| 1 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
| 2 | parents or guardian of the estate of
the minor to pay to the | ||||||
| 3 | legal custodian or guardian of the person of the minor
such | ||||||
| 4 | sums as are determined by the custodian or guardian of the | ||||||
| 5 | person of the
minor as necessary for the minor's needs. The | ||||||
| 6 | payments may not exceed the
maximum amounts provided for by | ||||||
| 7 | Section 9.1 of the Children and Family Services
Act.
| ||||||
| 8 | (6) Whenever the sentencing order requires the minor to | ||||||
| 9 | attend school or
participate in a program of training, the | ||||||
| 10 | truant officer or designated school
official shall regularly | ||||||
| 11 | report to the court if the minor is a chronic or
habitual | ||||||
| 12 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
| 13 | any other provision of this Act, in instances in which | ||||||
| 14 | educational services are to be provided to a minor in a | ||||||
| 15 | residential facility where the minor has been placed by the | ||||||
| 16 | court, costs incurred in the provision of those educational | ||||||
| 17 | services must be allocated based on the requirements of the | ||||||
| 18 | School Code.
| ||||||
| 19 | (7) In no event shall a guilty minor be committed to the | ||||||
| 20 | Department of
Juvenile Justice for a period of time in
excess | ||||||
| 21 | of
that period for which an adult could be committed for the | ||||||
| 22 | same act. The court shall include in the sentencing order a | ||||||
| 23 | limitation on the period of confinement not to exceed the | ||||||
| 24 | maximum period of imprisonment the court could impose under | ||||||
| 25 | Chapter V 5 of the Unified Code of Corrections.
| ||||||
| 26 | (7.5) In no event shall a guilty minor be committed to the | ||||||
| |||||||
| |||||||
| 1 | Department of Juvenile Justice or placed in detention when the | ||||||
| 2 | act for which the minor was adjudicated delinquent would not be | ||||||
| 3 | illegal if committed by an adult. | ||||||
| 4 | (7.6) In no event shall a guilty minor be committed to the | ||||||
| 5 | Department of Juvenile Justice for an offense which is a Class | ||||||
| 6 | 4 felony under Section 19-4 (criminal trespass to a residence), | ||||||
| 7 | 21-1 (criminal damage to property), 21-1.01 (criminal damage to | ||||||
| 8 | government supported property), 21-1.3 (criminal defacement of | ||||||
| 9 | property), 26-1 (disorderly conduct), or 31-4 (obstructing | ||||||
| 10 | justice) of the Criminal Code of 2012. | ||||||
| 11 | (7.75) In no event shall a guilty minor be committed to the | ||||||
| 12 | Department of Juvenile Justice for an offense that is a Class 3 | ||||||
| 13 | or Class 4 felony violation of the Illinois Controlled | ||||||
| 14 | Substances Act unless the commitment occurs upon a third or | ||||||
| 15 | subsequent judicial finding of a violation of probation for | ||||||
| 16 | substantial noncompliance with court-ordered treatment or | ||||||
| 17 | programming. | ||||||
| 18 | (8) A minor found to be guilty for reasons that include a | ||||||
| 19 | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
| 20 | Criminal Code of 2012 shall be ordered to perform
community | ||||||
| 21 | service for not less than 30 and not more than 120 hours, if
| ||||||
| 22 | community service is available in the jurisdiction. The | ||||||
| 23 | community service
shall include, but need not be limited to, | ||||||
| 24 | the cleanup and repair of the damage
that was caused by the | ||||||
| 25 | violation or similar damage to property located in the
| ||||||
| 26 | municipality or county in which the violation occurred. The | ||||||
| |||||||
| |||||||
| 1 | order may be in
addition to any other order authorized by this | ||||||
| 2 | Section.
| ||||||
| 3 | (8.5) A minor found to be guilty for reasons that include a | ||||||
| 4 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
| 5 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
| 6 | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||||||
| 7 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
| 8 | shall be ordered to undergo medical or psychiatric treatment | ||||||
| 9 | rendered by
a
psychiatrist or psychological treatment rendered | ||||||
| 10 | by a clinical psychologist.
The order
may be in addition to any | ||||||
| 11 | other order authorized by this Section.
| ||||||
| 12 | (9) In addition to any other sentencing order, the court | ||||||
| 13 | shall order any
minor found
to be guilty for an act which would | ||||||
| 14 | constitute, predatory criminal sexual
assault of a child, | ||||||
| 15 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
| 16 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
| 17 | committed by an
adult to undergo medical testing to determine | ||||||
| 18 | whether the defendant has any
sexually transmissible disease | ||||||
| 19 | including a test for infection with human
immunodeficiency | ||||||
| 20 | virus (HIV) or any other identified causative agency of
| ||||||
| 21 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
| 22 | shall be performed
only by appropriately licensed medical | ||||||
| 23 | practitioners and may include an
analysis of any bodily fluids | ||||||
| 24 | as well as an examination of the minor's person.
Except as | ||||||
| 25 | otherwise provided by law, the results of the test shall be | ||||||
| 26 | kept
strictly confidential by all medical personnel involved in | ||||||
| |||||||
| |||||||
| 1 | the testing and must
be personally delivered in a sealed | ||||||
| 2 | envelope to the judge of the court in which
the sentencing | ||||||
| 3 | order was entered for the judge's inspection in camera. Acting
| ||||||
| 4 | in accordance with the best interests of the victim and the | ||||||
| 5 | public, the judge
shall have the discretion to determine to | ||||||
| 6 | whom the results of the testing may
be revealed. The court | ||||||
| 7 | shall notify the minor of the results of the test for
infection | ||||||
| 8 | with the human immunodeficiency virus (HIV). The court shall | ||||||
| 9 | also
notify the victim if requested by the victim, and if the | ||||||
| 10 | victim is under the
age of 15 and if requested by the victim's | ||||||
| 11 | parents or legal guardian, the court
shall notify the victim's | ||||||
| 12 | parents or the legal guardian, of the results of the
test for | ||||||
| 13 | infection with the human immunodeficiency virus (HIV). The | ||||||
| 14 | court
shall provide information on the availability of HIV | ||||||
| 15 | testing and counseling at
the Department of Public Health | ||||||
| 16 | facilities to all parties to whom the
results of the testing | ||||||
| 17 | are revealed. The court shall order that the cost of
any test | ||||||
| 18 | shall be paid by the county and may be taxed as costs against | ||||||
| 19 | the
minor.
| ||||||
| 20 | (10) When a court finds a minor to be guilty the court | ||||||
| 21 | shall, before
entering a sentencing order under this Section, | ||||||
| 22 | make a finding whether the
offense committed either: (a) was | ||||||
| 23 | related to or in furtherance of the criminal
activities of an | ||||||
| 24 | organized gang or was motivated by the minor's membership in
or | ||||||
| 25 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
| 26 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | ||||||
| |||||||
| |||||||
| 1 | or the Criminal Code of 2012, a violation of
any
Section of | ||||||
| 2 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 3 | 2012, or a violation of any
statute that involved the wrongful | ||||||
| 4 | use of a firearm. If the court determines
the question in the | ||||||
| 5 | affirmative,
and the court does not commit the minor to the | ||||||
| 6 | Department of Juvenile Justice, the court shall order the minor | ||||||
| 7 | to perform community service
for not less than 30 hours nor | ||||||
| 8 | more than 120 hours, provided that community
service is | ||||||
| 9 | available in the jurisdiction and is funded and approved by the
| ||||||
| 10 | county board of the county where the offense was committed. The | ||||||
| 11 | community
service shall include, but need not be limited to, | ||||||
| 12 | the cleanup and repair of
any damage caused by a violation of | ||||||
| 13 | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | ||||||
| 14 | Code of 2012
and similar damage to property located in the | ||||||
| 15 | municipality or county in which
the violation occurred. When | ||||||
| 16 | possible and reasonable, the community service
shall be | ||||||
| 17 | performed in the minor's neighborhood. This order shall be in
| ||||||
| 18 | addition to any other order authorized by this Section
except | ||||||
| 19 | for an order to place the minor in the custody of the | ||||||
| 20 | Department of
Juvenile Justice. For the purposes of this | ||||||
| 21 | Section, "organized
gang" has the meaning ascribed to it in | ||||||
| 22 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 23 | Prevention Act.
| ||||||
| 24 | (11) If the court determines that the offense was committed | ||||||
| 25 | in furtherance of the criminal activities of an organized gang, | ||||||
| 26 | as provided in subsection (10), and that the offense involved | ||||||
| |||||||
| |||||||
| 1 | the operation or use of a motor vehicle or the use of a | ||||||
| 2 | driver's license or permit, the court shall notify the | ||||||
| 3 | Secretary of State of that determination and of the period for | ||||||
| 4 | which the minor shall be denied driving privileges. If, at the | ||||||
| 5 | time of the determination, the minor does not hold a driver's | ||||||
| 6 | license or permit, the court shall provide that the minor shall | ||||||
| 7 | not be issued a driver's license or permit until his or her | ||||||
| 8 | 18th birthday. If the minor holds a driver's license or permit | ||||||
| 9 | at the time of the determination, the court shall provide that | ||||||
| 10 | the minor's driver's license or permit shall be revoked until | ||||||
| 11 | his or her 21st birthday, or until a later date or occurrence | ||||||
| 12 | determined by the court. If the minor holds a driver's license | ||||||
| 13 | at the time of the determination, the court may direct the | ||||||
| 14 | Secretary of State to issue the minor a judicial driving | ||||||
| 15 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
| 16 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
| 17 | Illinois Vehicle Code, except that the court may direct that | ||||||
| 18 | the JDP be effective immediately.
| ||||||
| 19 | (12) (Blank).
| ||||||
| 20 | (Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; | ||||||
| 21 | 100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff. 7-12-19; | ||||||
| 22 | 101-159, eff. 1-1-20; revised 8-8-19.)
| ||||||
| 23 | (705 ILCS 405/5-915)
| ||||||
| 24 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
| 25 | juvenile court records.
| ||||||
| |||||||
| |||||||
| 1 | (0.05) (Blank). | ||||||
| 2 | (0.1) (a) The Department of State Police and all law | ||||||
| 3 | enforcement agencies within the State shall automatically | ||||||
| 4 | expunge, on or before January 1 of each year, all juvenile law | ||||||
| 5 | enforcement records relating to events occurring before an | ||||||
| 6 | individual's 18th birthday if: | ||||||
| 7 | (1) one year or more has elapsed since the date of the | ||||||
| 8 | arrest or law enforcement interaction documented in the | ||||||
| 9 | records; | ||||||
| 10 | (2) no petition for delinquency or criminal charges | ||||||
| 11 | were filed with the clerk of the circuit court relating to | ||||||
| 12 | the arrest or law enforcement interaction documented in the | ||||||
| 13 | records; and | ||||||
| 14 | (3) 6 months have elapsed since the date of the arrest | ||||||
| 15 | without an additional subsequent arrest or filing of a | ||||||
| 16 | petition for delinquency or criminal charges whether | ||||||
| 17 | related or not to the arrest or law enforcement interaction | ||||||
| 18 | documented in the records. | ||||||
| 19 | (b) If the law enforcement agency is unable to verify | ||||||
| 20 | satisfaction of conditions (2) and (3) of this subsection | ||||||
| 21 | (0.1), records that satisfy condition (1) of this subsection | ||||||
| 22 | (0.1) shall be automatically expunged if the records relate to | ||||||
| 23 | an offense that if committed by an adult would not be an | ||||||
| 24 | offense classified as Class 2 felony or higher, an offense | ||||||
| 25 | under Article 11 of the Criminal Code of 1961 or Criminal Code | ||||||
| 26 | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||||||
| |||||||
| |||||||
| 1 | 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
| 2 | (0.15) If a juvenile law enforcement record meets paragraph | ||||||
| 3 | (a) of subsection (0.1) of this Section, a juvenile law | ||||||
| 4 | enforcement record created: | ||||||
| 5 | (1) prior to January 1, 2018, but on or after January | ||||||
| 6 | 1, 2013 shall be automatically expunged prior to January 1, | ||||||
| 7 | 2020; | ||||||
| 8 | (2) prior to January 1, 2013, but on or after January | ||||||
| 9 | 1, 2000, shall be automatically expunged prior to January | ||||||
| 10 | 1, 2023; and | ||||||
| 11 | (3) prior to January 1, 2000 shall not be subject to | ||||||
| 12 | the automatic expungement provisions of this Act. | ||||||
| 13 | Nothing in this subsection (0.15) shall be construed to | ||||||
| 14 | restrict or modify an individual's right to have his or her | ||||||
| 15 | juvenile law enforcement records expunged except as otherwise | ||||||
| 16 | may be provided in this Act. | ||||||
| 17 | (0.2) (a) Upon dismissal of a petition alleging delinquency | ||||||
| 18 | or upon a finding of not delinquent, the successful termination | ||||||
| 19 | of an order of supervision, or the successful termination of an | ||||||
| 20 | adjudication for an offense which would be a Class B | ||||||
| 21 | misdemeanor, Class C misdemeanor, or a petty or business | ||||||
| 22 | offense if committed by an adult, the court shall automatically | ||||||
| 23 | order the expungement of the juvenile court records and | ||||||
| 24 | juvenile law enforcement records. The clerk shall deliver a | ||||||
| 25 | certified copy of the expungement order to the Department of | ||||||
| 26 | State Police and the arresting agency. Upon request, the | ||||||
| |||||||
| |||||||
| 1 | State's Attorney shall furnish the name of the arresting | ||||||
| 2 | agency. The expungement shall be completed within 60 business | ||||||
| 3 | days after the receipt of the expungement order. | ||||||
| 4 | (b) If the chief law enforcement officer of the agency, or | ||||||
| 5 | his or her designee, certifies in writing that certain | ||||||
| 6 | information is needed for a pending investigation involving the | ||||||
| 7 | commission of a felony, that information, and information | ||||||
| 8 | identifying the juvenile, may be retained until the statute of | ||||||
| 9 | limitations for the felony has run. If the chief law | ||||||
| 10 | enforcement officer of the agency, or his or her designee, | ||||||
| 11 | certifies in writing that certain information is needed with | ||||||
| 12 | respect to an internal investigation of any law enforcement | ||||||
| 13 | office, that information and information identifying the | ||||||
| 14 | juvenile may be retained within an intelligence file until the | ||||||
| 15 | investigation is terminated or the disciplinary action, | ||||||
| 16 | including appeals, has been completed, whichever is later. | ||||||
| 17 | Retention of a portion of a juvenile's law enforcement record | ||||||
| 18 | does not disqualify the remainder of his or her record from | ||||||
| 19 | immediate automatic expungement. | ||||||
| 20 | (0.3) (a) Upon an adjudication of delinquency based on any | ||||||
| 21 | offense except a disqualified offense, the juvenile court shall | ||||||
| 22 | automatically order the expungement of the juvenile court and | ||||||
| 23 | law enforcement records 2 years after the juvenile's case was | ||||||
| 24 | closed if no delinquency or criminal proceeding is pending and | ||||||
| 25 | the person has had no subsequent delinquency adjudication or | ||||||
| 26 | criminal conviction. The clerk shall deliver a certified copy | ||||||
| |||||||
| |||||||
| 1 | of the expungement order to the Department of State Police and | ||||||
| 2 | the arresting agency. Upon request, the State's Attorney shall | ||||||
| 3 | furnish the name of the arresting agency. The expungement shall | ||||||
| 4 | be completed within 60 business days after the receipt of the | ||||||
| 5 | expungement order. In this subsection (0.3), "disqualified | ||||||
| 6 | offense" means any of the following offenses: Section 8-1.2, | ||||||
| 7 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, | ||||||
| 8 | 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| 9 | 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, | ||||||
| 10 | 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, | ||||||
| 11 | 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, | ||||||
| 12 | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, | ||||||
| 13 | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal | ||||||
| 14 | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) | ||||||
| 15 | of subsection (a) of Section 11-14.4, subsection (a-5) of | ||||||
| 16 | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of | ||||||
| 17 | Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | ||||||
| 18 | paragraph (1) or (2) of subsection (a) of Section 12-7.4, | ||||||
| 19 | subparagraph (i) of paragraph (1) of subsection (a) of Section | ||||||
| 20 | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of | ||||||
| 21 | Section 24-1.6, paragraph (1) of subsection (a) of Section | ||||||
| 22 | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | ||||||
| 23 | of 2012. | ||||||
| 24 | (b) If the chief law enforcement officer of the agency, or | ||||||
| 25 | his or her designee, certifies in writing that certain | ||||||
| 26 | information is needed for a pending investigation involving the | ||||||
| |||||||
| |||||||
| 1 | commission of a felony, that information, and information | ||||||
| 2 | identifying the juvenile, may be retained in an intelligence | ||||||
| 3 | file until the investigation is terminated or for one | ||||||
| 4 | additional year, whichever is sooner. Retention of a portion of | ||||||
| 5 | a juvenile's juvenile law enforcement record does not | ||||||
| 6 | disqualify the remainder of his or her record from immediate | ||||||
| 7 | automatic expungement. | ||||||
| 8 | (0.4) Automatic expungement for the purposes of this | ||||||
| 9 | Section shall not require law enforcement agencies to | ||||||
| 10 | obliterate or otherwise destroy juvenile law enforcement | ||||||
| 11 | records that would otherwise need to be automatically expunged | ||||||
| 12 | under this Act, except after 2 years following the subject | ||||||
| 13 | arrest for purposes of use in civil litigation against a | ||||||
| 14 | governmental entity or its law enforcement agency or personnel | ||||||
| 15 | which created, maintained, or used the records. However, these | ||||||
| 16 | juvenile law enforcement records shall be considered expunged | ||||||
| 17 | for all other purposes during this period and the offense, | ||||||
| 18 | which the records or files concern, shall be treated as if it | ||||||
| 19 | never occurred as required under Section 5-923. | ||||||
| 20 | (0.5) Subsection (0.1) or (0.2) of this Section does not | ||||||
| 21 | apply to violations of traffic, boating, fish and game laws, or | ||||||
| 22 | county or municipal ordinances. | ||||||
| 23 | (0.6) Juvenile law enforcement records of a plaintiff who | ||||||
| 24 | has filed civil litigation against the governmental entity or | ||||||
| 25 | its law enforcement agency or personnel that created, | ||||||
| 26 | maintained, or used the records, or juvenile law enforcement | ||||||
| |||||||
| |||||||
| 1 | records that contain information related to the allegations set | ||||||
| 2 | forth in the civil litigation may not be expunged until after 2 | ||||||
| 3 | years have elapsed after the conclusion of the lawsuit, | ||||||
| 4 | including any appeal. | ||||||
| 5 | (0.7) Officer-worn body camera recordings shall not be | ||||||
| 6 | automatically expunged except as otherwise authorized by the | ||||||
| 7 | Law Enforcement Officer-Worn Body Camera Act. | ||||||
| 8 | (1) Whenever a person has been arrested, charged, or | ||||||
| 9 | adjudicated delinquent for an incident occurring before his or | ||||||
| 10 | her 18th birthday that if committed by an adult would be an | ||||||
| 11 | offense, and that person's juvenile law enforcement and | ||||||
| 12 | juvenile court records are not eligible for automatic | ||||||
| 13 | expungement under subsection (0.1), (0.2), or (0.3), the
person | ||||||
| 14 | may petition the court at any time for expungement of juvenile | ||||||
| 15 | law
enforcement records and juvenile court records relating to | ||||||
| 16 | the incident and, upon termination of all juvenile
court | ||||||
| 17 | proceedings relating to that incident, the court shall order | ||||||
| 18 | the expungement of all records in the possession of the | ||||||
| 19 | Department of State Police, the clerk of the circuit court, and | ||||||
| 20 | law enforcement agencies relating to the incident, but only in | ||||||
| 21 | any of the following circumstances:
| ||||||
| 22 | (a) the minor was arrested and no petition for | ||||||
| 23 | delinquency was filed with
the clerk of the circuit court; | ||||||
| 24 | (a-5) the minor was charged with an offense and the | ||||||
| 25 | petition or petitions were dismissed without a finding of | ||||||
| 26 | delinquency;
| ||||||
| |||||||
| |||||||
| 1 | (b) the minor was charged with an offense and was found | ||||||
| 2 | not delinquent of
that offense;
| ||||||
| 3 | (c) the minor was placed under supervision under | ||||||
| 4 | Section 5-615, and
the order of
supervision has since been | ||||||
| 5 | successfully terminated; or
| ||||||
| 6 | (d)
the minor was adjudicated for an offense which | ||||||
| 7 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
| 8 | petty or business offense if committed by an adult.
| ||||||
| 9 | (1.5) The Department of State Police shall allow a person | ||||||
| 10 | to use the Access and Review process, established in the | ||||||
| 11 | Department of State Police, for verifying that his or her | ||||||
| 12 | juvenile law enforcement records relating to incidents | ||||||
| 13 | occurring before his or her 18th birthday eligible under this | ||||||
| 14 | Act have been expunged. | ||||||
| 15 | (1.6) (Blank). | ||||||
| 16 | (1.7) (Blank). | ||||||
| 17 | (1.8) (Blank). | ||||||
| 18 | (2) Any person whose delinquency adjudications are not | ||||||
| 19 | eligible for automatic expungement under subsection (0.3) of | ||||||
| 20 | this Section may petition the court to expunge all juvenile law | ||||||
| 21 | enforcement records
relating to any
incidents occurring before | ||||||
| 22 | his or her 18th birthday which did not result in
proceedings in | ||||||
| 23 | criminal court and all juvenile court records with respect to
| ||||||
| 24 | any adjudications except those based upon first degree
murder | ||||||
| 25 | or an offense under Article 11 of the Criminal Code of 2012 if | ||||||
| 26 | the person is required to register under the Sex Offender | ||||||
| |||||||
| |||||||
| 1 | Registration Act at the time he or she petitions the court for | ||||||
| 2 | expungement; provided that: (a) (blank); or (b) 2 years have | ||||||
| 3 | elapsed since all juvenile court proceedings relating to
him or | ||||||
| 4 | her have been terminated and his or her commitment to the | ||||||
| 5 | Department of
Juvenile Justice
under this Act has been | ||||||
| 6 | terminated.
| ||||||
| 7 | (2.5) If a minor is arrested and no petition for | ||||||
| 8 | delinquency is filed with the clerk of the circuit court at the | ||||||
| 9 | time the minor is released from custody, the youth officer, if | ||||||
| 10 | applicable, or other designated person from the arresting | ||||||
| 11 | agency, shall notify verbally and in writing to the minor or | ||||||
| 12 | the minor's parents or guardians that the minor shall have an | ||||||
| 13 | arrest record and shall provide the minor and the minor's | ||||||
| 14 | parents or guardians with an expungement information packet, | ||||||
| 15 | information regarding this State's expungement laws including | ||||||
| 16 | a petition to expunge juvenile law enforcement and juvenile | ||||||
| 17 | court records obtained from the clerk of the circuit court. | ||||||
| 18 | (2.6) If a minor is referred to court, then, at the time of | ||||||
| 19 | sentencing, or dismissal of the case, or successful completion | ||||||
| 20 | of supervision, the judge shall inform the delinquent minor of | ||||||
| 21 | his or her rights regarding expungement and the clerk of the | ||||||
| 22 | circuit court shall provide an expungement information packet | ||||||
| 23 | to the minor, written in plain language, including information | ||||||
| 24 | regarding this State's expungement laws and a petition for | ||||||
| 25 | expungement, a sample of a completed petition, expungement | ||||||
| 26 | instructions that shall include information informing the | ||||||
| |||||||
| |||||||
| 1 | minor that (i) once the case is expunged, it shall be treated | ||||||
| 2 | as if it never occurred, (ii) he or she may apply to have | ||||||
| 3 | petition fees waived, (iii) once he or she obtains an | ||||||
| 4 | expungement, he or she may not be required to disclose that he | ||||||
| 5 | or she had a juvenile law enforcement or juvenile court record, | ||||||
| 6 | and (iv) if petitioning he or she may file the petition on his | ||||||
| 7 | or her own or with the assistance of an attorney. The failure | ||||||
| 8 | of the judge to inform the delinquent minor of his or her right | ||||||
| 9 | to petition for expungement as provided by law does not create | ||||||
| 10 | a substantive right, nor is that failure grounds for: (i) a | ||||||
| 11 | reversal of an adjudication of delinquency; , (ii) a new trial; | ||||||
| 12 | or (iii) an appeal. | ||||||
| 13 | (2.7) (Blank). | ||||||
| 14 | (2.8) (Blank). | ||||||
| 15 | (3) (Blank).
| ||||||
| 16 | (3.1) (Blank).
| ||||||
| 17 | (3.2) (Blank). | ||||||
| 18 | (3.3) (Blank).
| ||||||
| 19 | (4) (Blank).
| ||||||
| 20 | (5) (Blank).
| ||||||
| 21 | (5.5) Whether or not expunged, records eligible for | ||||||
| 22 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
| 23 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
| 24 | to the records. | ||||||
| 25 | (6) (Blank). | ||||||
| 26 | (6.5) The Department of State Police or any employee of the | ||||||
| |||||||
| |||||||
| 1 | Department shall be immune from civil or criminal liability for | ||||||
| 2 | failure to expunge any records of arrest that are subject to | ||||||
| 3 | expungement under this Section because of inability to verify a | ||||||
| 4 | record. Nothing in this Section shall create Department of | ||||||
| 5 | State Police liability or responsibility for the expungement of | ||||||
| 6 | juvenile law enforcement records it does not possess. | ||||||
| 7 | (7) (Blank).
| ||||||
| 8 | (7.5) (Blank). | ||||||
| 9 | (8)(a) (Blank). (b) (Blank). (c) The expungement of | ||||||
| 10 | juvenile law enforcement or juvenile court records under | ||||||
| 11 | subsection (0.1), (0.2), or (0.3) of this Section shall be | ||||||
| 12 | funded by appropriation by the General Assembly for that | ||||||
| 13 | purpose. | ||||||
| 14 | (9) (Blank). | ||||||
| 15 | (10) (Blank). | ||||||
| 16 | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | ||||||
| 17 | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff. | ||||||
| 18 | 8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162, | ||||||
| 19 | eff. 12-20-18; revised 7-16-19.)
| ||||||
| 20 | Section 600. The Court of Claims Act is amended by changing | ||||||
| 21 | Section 22 as follows:
| ||||||
| 22 | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
| ||||||
| 23 | Sec. 22. Every claim cognizable by the court Court and not | ||||||
| 24 | otherwise sooner
barred by law shall be forever barred from | ||||||
| |||||||
| |||||||
| 1 | prosecution therein unless it
is filed with the clerk of the | ||||||
| 2 | court Clerk of the Court within the time set forth as follows:
| ||||||
| 3 | (a) All claims arising out of a contract must be filed | ||||||
| 4 | within 5
years after it first accrues, saving to minors, | ||||||
| 5 | and persons under legal
disability at the time the claim | ||||||
| 6 | accrues, in which cases the claim must be
filed within 5 | ||||||
| 7 | years from the time the disability ceases.
| ||||||
| 8 | (b) All claims cognizable against the State by vendors | ||||||
| 9 | of goods or services
under the "The Illinois Public Aid | ||||||
| 10 | Code", approved April 11, 1967, as amended,
must file | ||||||
| 11 | within one year after the accrual of the cause of action, | ||||||
| 12 | as provided
in Section 11-13 of that Code.
| ||||||
| 13 | (c) All claims arising under paragraph (c) of Section 8 | ||||||
| 14 | of this Act
must
be automatically heard by the court
within | ||||||
| 15 | 120
days
after the person
asserting such
claim is either | ||||||
| 16 | issued a certificate of innocence from the circuit court | ||||||
| 17 | Circuit Court as provided in Section 2-702 of the Code of | ||||||
| 18 | Civil Procedure, or is granted a pardon by the Governor, | ||||||
| 19 | whichever occurs later,
without the person asserting the | ||||||
| 20 | claim being required to file a petition under Section 11 of | ||||||
| 21 | this Act, except as otherwise provided by the Crime Victims | ||||||
| 22 | Compensation Act.
Any claims filed by the claimant under | ||||||
| 23 | paragraph (c) of Section 8 of this Act must be filed within | ||||||
| 24 | 2 years after the person asserting such claim is either | ||||||
| 25 | issued a certificate of innocence as provided in Section | ||||||
| 26 | 2-702 of the Code of Civil Procedure, or is granted a | ||||||
| |||||||
| |||||||
| 1 | pardon by the Governor, whichever occurs later.
| ||||||
| 2 | (d) All claims arising under paragraph (f) of Section 8 | ||||||
| 3 | of this Act must
be filed within the time set forth in | ||||||
| 4 | Section 3 of the Line of Duty Compensation Act.
| ||||||
| 5 | (e) All claims arising under paragraph (h) of Section 8 | ||||||
| 6 | of this Act must
be filed within one year of the date of | ||||||
| 7 | the death of the guardsman or
militiaman as provided in | ||||||
| 8 | Section 3 of the "Illinois National Guardsman's
and Naval | ||||||
| 9 | Militiaman's Compensation Act", approved August 12, 1971, | ||||||
| 10 | as amended.
| ||||||
| 11 | (f) All claims arising under paragraph (g) of Section 8 | ||||||
| 12 | of this Act must
be filed within one year of the crime on | ||||||
| 13 | which a claim is based as
provided in Section 6.1 of the | ||||||
| 14 | "Crime Victims Compensation Act", approved
August 23, | ||||||
| 15 | 1973, as amended.
| ||||||
| 16 | (g) All claims arising from the Comptroller's refusal | ||||||
| 17 | to issue a
replacement warrant pursuant to Section 10.10 of | ||||||
| 18 | the State Comptroller Act
must be filed within 5 years | ||||||
| 19 | after the date of the Comptroller's refusal.
| ||||||
| 20 | (h) All other claims must be filed within 2 years after | ||||||
| 21 | it first accrues,
saving to minors, and persons under legal | ||||||
| 22 | disability at the time the claim
accrues, in which case the | ||||||
| 23 | claim must be filed within 2 years from the time
the | ||||||
| 24 | disability ceases.
| ||||||
| 25 | (i) The changes made by Public Act 86-458 apply to all
| ||||||
| 26 | warrants issued within the 5-year 5 year period preceding | ||||||
| |||||||
| |||||||
| 1 | August 31, 1989 (the effective date of Public Act 86-458).
| ||||||
| 2 | The changes made to this Section by Public Act 100-1124 | ||||||
| 3 | this amendatory Act of the 100th General Assembly apply to | ||||||
| 4 | claims pending on November 27, 2018 (the effective date of | ||||||
| 5 | Public Act 100-1124) this amendatory Act of the 100th | ||||||
| 6 | General Assembly and to claims filed thereafter.
| ||||||
| 7 | (j) All time limitations established under this Act and | ||||||
| 8 | the rules
promulgated under this Act shall be binding and | ||||||
| 9 | jurisdictional, except upon
extension authorized by law or | ||||||
| 10 | rule and granted pursuant to a motion timely filed.
| ||||||
| 11 | (Source: P.A. 100-1124, eff. 11-27-18; revised 7-16-19.)
| ||||||
| 12 | Section 605. The Criminal Code of 2012 is amended by | ||||||
| 13 | changing Sections 3-6, 9-3.2, 12-2, 12-3.05, 28-1, 28-2, 28-3, | ||||||
| 14 | 28-5, and 29B-21 as follows:
| ||||||
| 15 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| ||||||
| 16 | Sec. 3-6. Extended limitations. The period within which a | ||||||
| 17 | prosecution
must be commenced under the provisions of Section | ||||||
| 18 | 3-5 or other applicable
statute is extended under the following | ||||||
| 19 | conditions:
| ||||||
| 20 | (a) A prosecution for theft involving a breach of a | ||||||
| 21 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
| 22 | as follows:
| ||||||
| 23 | (1) If the aggrieved person is a minor or a person | ||||||
| 24 | under legal disability,
then during the minority or legal | ||||||
| |||||||
| |||||||
| 1 | disability or within one year after the
termination | ||||||
| 2 | thereof.
| ||||||
| 3 | (2) In any other instance, within one year after the | ||||||
| 4 | discovery of the
offense by an aggrieved person, or by a | ||||||
| 5 | person who has legal capacity to
represent an aggrieved | ||||||
| 6 | person or has a legal duty to report the offense,
and is | ||||||
| 7 | not himself or herself a party to the offense; or in the | ||||||
| 8 | absence of such
discovery, within one year after the proper | ||||||
| 9 | prosecuting officer becomes
aware of the offense. However, | ||||||
| 10 | in no such case is the period of limitation
so extended | ||||||
| 11 | more than 3 years beyond the expiration of the period | ||||||
| 12 | otherwise
applicable.
| ||||||
| 13 | (b) A prosecution for any offense based upon misconduct in | ||||||
| 14 | office by a
public officer or employee may be commenced within | ||||||
| 15 | one year after discovery
of the offense by a person having a | ||||||
| 16 | legal duty to report such offense, or
in the absence of such | ||||||
| 17 | discovery, within one year after the proper
prosecuting officer | ||||||
| 18 | becomes aware of the offense. However, in no such case
is the | ||||||
| 19 | period of limitation so extended more than 3 years beyond the
| ||||||
| 20 | expiration of the period otherwise applicable.
| ||||||
| 21 | (b-5) When the victim is under 18 years of age at the time | ||||||
| 22 | of the offense, a prosecution for involuntary servitude, | ||||||
| 23 | involuntary sexual servitude of a minor, or trafficking in | ||||||
| 24 | persons and related offenses under Section 10-9 of this Code | ||||||
| 25 | may be commenced within 25 years of the victim attaining the | ||||||
| 26 | age of 18 years. | ||||||
| |||||||
| |||||||
| 1 | (b-6) When the victim is 18 years of age or over at the | ||||||
| 2 | time of the offense, a prosecution for involuntary servitude, | ||||||
| 3 | involuntary sexual servitude of a minor, or trafficking in | ||||||
| 4 | persons and related offenses under Section 10-9 of this Code | ||||||
| 5 | may be commenced within 25 years after the commission of the | ||||||
| 6 | offense. | ||||||
| 7 | (b-7) (b-6) When the victim is under 18 years of age at the | ||||||
| 8 | time of the offense, a prosecution for female genital | ||||||
| 9 | mutilation may be commenced at any time. | ||||||
| 10 | (c) (Blank).
| ||||||
| 11 | (d) A prosecution for child pornography, aggravated child | ||||||
| 12 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
| 13 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
| 14 | child, or promoting juvenile prostitution except for keeping a | ||||||
| 15 | place of juvenile prostitution may be commenced within one year | ||||||
| 16 | of the victim
attaining the age of 18 years. However, in no | ||||||
| 17 | such case shall the time
period for prosecution expire sooner | ||||||
| 18 | than 3 years after the commission of
the offense.
| ||||||
| 19 | (e) Except as otherwise provided in subdivision (j), a | ||||||
| 20 | prosecution for
any offense involving sexual conduct or sexual
| ||||||
| 21 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
| 22 | the defendant
was within a professional or fiduciary | ||||||
| 23 | relationship or a purported
professional or fiduciary | ||||||
| 24 | relationship with the victim at the
time of the commission of | ||||||
| 25 | the offense may be commenced within one year
after the | ||||||
| 26 | discovery of the offense by the victim.
| ||||||
| |||||||
| |||||||
| 1 | (f) A prosecution for any offense set forth in Section 44
| ||||||
| 2 | of the Environmental Protection Act
may be commenced within 5 | ||||||
| 3 | years after the discovery of such
an offense by a person or | ||||||
| 4 | agency having the legal duty to report the
offense or in the | ||||||
| 5 | absence of such discovery, within 5 years
after the proper | ||||||
| 6 | prosecuting officer becomes aware of the offense.
| ||||||
| 7 | (f-5) A prosecution for any offense set forth in Section | ||||||
| 8 | 16-30 of this Code may be commenced within 5 years after the | ||||||
| 9 | discovery of the offense by the victim of that offense.
| ||||||
| 10 | (g) (Blank).
| ||||||
| 11 | (h) (Blank).
| ||||||
| 12 | (i) Except as otherwise provided in subdivision (j), a | ||||||
| 13 | prosecution for
criminal sexual assault, aggravated criminal
| ||||||
| 14 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
| 15 | commenced at any time. If the victim consented to the | ||||||
| 16 | collection of evidence using an Illinois State Police Sexual | ||||||
| 17 | Assault Evidence Collection Kit under the Sexual Assault | ||||||
| 18 | Survivors Emergency Treatment Act, it shall constitute | ||||||
| 19 | reporting for purposes of this Section.
| ||||||
| 20 | Nothing in this subdivision (i) shall be construed to
| ||||||
| 21 | shorten a period within which a prosecution must be commenced | ||||||
| 22 | under any other
provision of this Section.
| ||||||
| 23 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
| 24 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
| 25 | years of the commission of the offense if it arises out of the | ||||||
| 26 | same course of conduct and meets the criteria under one of the | ||||||
| |||||||
| |||||||
| 1 | offenses in subsection (i) of this Section. | ||||||
| 2 | (j) (1) When the victim is under 18 years of age at the | ||||||
| 3 | time of the offense, a
prosecution
for criminal sexual assault, | ||||||
| 4 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
| 5 | assault of a child, aggravated criminal sexual abuse, felony | ||||||
| 6 | criminal sexual abuse, or female genital mutilation may be | ||||||
| 7 | commenced at any time. | ||||||
| 8 | (2) When in circumstances other than as described in | ||||||
| 9 | paragraph (1) of this subsection (j), when the victim is under | ||||||
| 10 | 18 years of age at the time of the offense, a prosecution for | ||||||
| 11 | failure of a person who is required to report an alleged
or | ||||||
| 12 | suspected commission of criminal sexual assault, aggravated | ||||||
| 13 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
| 14 | child, aggravated criminal sexual abuse, or felony criminal | ||||||
| 15 | sexual abuse under the Abused and Neglected
Child Reporting Act | ||||||
| 16 | may be
commenced within 20 years after the child victim attains | ||||||
| 17 | 18
years of age. | ||||||
| 18 | (3) When the victim is under 18 years of age at the time of | ||||||
| 19 | the offense, a
prosecution
for misdemeanor criminal sexual | ||||||
| 20 | abuse may be
commenced within 10 years after the child victim | ||||||
| 21 | attains 18
years of age.
| ||||||
| 22 | (4) Nothing in this subdivision (j) shall be construed to
| ||||||
| 23 | shorten a period within which a prosecution must be commenced | ||||||
| 24 | under any other
provision of this Section.
| ||||||
| 25 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
| 26 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
| |||||||
| |||||||
| 1 | time if it arises out of the same course of conduct and meets | ||||||
| 2 | the criteria under one of the offenses in subsection (j) of | ||||||
| 3 | this Section. | ||||||
| 4 | (k) (Blank).
| ||||||
| 5 | (l) A prosecution for any offense set forth in Section 26-4 | ||||||
| 6 | of this Code may be commenced within one year after the | ||||||
| 7 | discovery of the offense by the victim of that offense. | ||||||
| 8 | (l-5) A prosecution for any offense involving sexual | ||||||
| 9 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
| 10 | this Code, in which the victim was 18 years of age or older at | ||||||
| 11 | the time of the offense, may be commenced within one year after | ||||||
| 12 | the discovery of the offense by the victim when corroborating | ||||||
| 13 | physical evidence is available. The charging document shall | ||||||
| 14 | state that the statute of limitations is extended under this | ||||||
| 15 | subsection (l-5) and shall state the circumstances justifying | ||||||
| 16 | the extension.
Nothing in this subsection (l-5) shall be | ||||||
| 17 | construed to shorten a period within which a prosecution must | ||||||
| 18 | be commenced under any other provision of this Section or | ||||||
| 19 | Section 3-5 of this Code. | ||||||
| 20 | (m) The prosecution shall not be required to prove at trial | ||||||
| 21 | facts which extend the general limitations in Section 3-5 of | ||||||
| 22 | this Code when the facts supporting extension of the period of | ||||||
| 23 | general limitations are properly pled in the charging document. | ||||||
| 24 | Any challenge relating to the extension of the general | ||||||
| 25 | limitations period as defined in this Section shall be | ||||||
| 26 | exclusively conducted under Section 114-1 of the Code of | ||||||
| |||||||
| |||||||
| 1 | Criminal Procedure of 1963. | ||||||
| 2 | (n) A prosecution for any offense set forth in subsection | ||||||
| 3 | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | ||||||
| 4 | Illinois Public Aid Code, in which the total amount of money | ||||||
| 5 | involved is $5,000 or more, including the monetary value of | ||||||
| 6 | food stamps and the value of commodities under Section 16-1 of | ||||||
| 7 | this Code may be commenced within 5 years of the last act | ||||||
| 8 | committed in furtherance of the offense. | ||||||
| 9 | (Source: P.A. 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; | ||||||
| 10 | 100-434, eff. 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. | ||||||
| 11 | 1-1-19; 100-1010, eff. 1-1-19; 100-1087, eff. 1-1-19; 101-18, | ||||||
| 12 | eff. 1-1-20; 101-81, eff. 7-12-19; 101-130, eff. 1-1-20; | ||||||
| 13 | 101-285, eff. 1-1-20; revised 9-23-19.)
| ||||||
| 14 | (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
| ||||||
| 15 | Sec. 9-3.2. Involuntary manslaughter and reckless homicide | ||||||
| 16 | of an
unborn child. | ||||||
| 17 | (a) A person who unintentionally kills an unborn child
| ||||||
| 18 | without lawful justification commits involuntary manslaughter | ||||||
| 19 | of an unborn
child if his acts whether lawful or unlawful which | ||||||
| 20 | cause the death are such
as are likely to cause death or great | ||||||
| 21 | bodily harm to some individual, and
he performs them | ||||||
| 22 | recklessly, except in cases in which the cause of death
| ||||||
| 23 | consists of the driving of a motor vehicle, in which case the | ||||||
| 24 | person
commits reckless homicide of an unborn child.
| ||||||
| 25 | (b) Sentence.
| ||||||
| |||||||
| |||||||
| 1 | (1) Involuntary manslaughter of an unborn child is a | ||||||
| 2 | Class 3 felony.
| ||||||
| 3 | (2) Reckless homicide of an unborn child is a Class 3 | ||||||
| 4 | felony.
| ||||||
| 5 | (c) For purposes of this Section, (1) "unborn child" shall | ||||||
| 6 | mean any
individual of the human species from the implantation | ||||||
| 7 | of an embryo until birth, and (2)
"person" shall not include | ||||||
| 8 | the pregnant individual whose unborn child is killed.
| ||||||
| 9 | (d) This Section shall not apply to acts which cause the | ||||||
| 10 | death of an
unborn child if those acts were committed during | ||||||
| 11 | any abortion, as defined
in Section 1-10 of the Reproductive | ||||||
| 12 | Health Act,, to which the
pregnant individual has
consented. | ||||||
| 13 | This Section shall not apply to acts which were committed
| ||||||
| 14 | pursuant to usual and customary standards of medical practice | ||||||
| 15 | during
diagnostic testing or therapeutic treatment.
| ||||||
| 16 | (e) The provisions of this Section shall not be construed | ||||||
| 17 | to prohibit
the prosecution of any person under any other | ||||||
| 18 | provision of law, nor shall
it be construed to preclude any | ||||||
| 19 | civil cause of action.
| ||||||
| 20 | (Source: P.A. 101-13, eff. 6-12-19; revised 7-23-19.)
| ||||||
| 21 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
| 22 | Sec. 12-2. Aggravated assault.
| ||||||
| 23 | (a) Offense based on location of conduct. A person commits | ||||||
| 24 | aggravated assault when he or she commits an assault against an | ||||||
| 25 | individual who is on or about a public way, public property, a | ||||||
| |||||||
| |||||||
| 1 | public place of accommodation or amusement, or a sports venue, | ||||||
| 2 | or in a church, synagogue, mosque, or other building, | ||||||
| 3 | structure, or place used for religious worship. | ||||||
| 4 | (b) Offense based on status of victim. A person commits | ||||||
| 5 | aggravated assault when, in committing an assault, he or she | ||||||
| 6 | knows the individual assaulted to be any of the following: | ||||||
| 7 | (1) A person with a physical disability or a person 60 | ||||||
| 8 | years of age or older and the assault is without legal | ||||||
| 9 | justification. | ||||||
| 10 | (2) A teacher or school employee upon school grounds or | ||||||
| 11 | grounds adjacent to a school or in any part of a building | ||||||
| 12 | used for school purposes. | ||||||
| 13 | (3) A park district employee upon park grounds or | ||||||
| 14 | grounds adjacent to a park or in any part of a building | ||||||
| 15 | used for park purposes. | ||||||
| 16 | (4) A community policing volunteer, private security | ||||||
| 17 | officer, or utility worker: | ||||||
| 18 | (i) performing his or her official duties; | ||||||
| 19 | (ii) assaulted to prevent performance of his or her | ||||||
| 20 | official duties; or | ||||||
| 21 | (iii) assaulted in retaliation for performing his | ||||||
| 22 | or her official duties. | ||||||
| 23 | (4.1) A peace officer, fireman, emergency management | ||||||
| 24 | worker, or emergency medical services personnel: | ||||||
| 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 | (5) A correctional officer or probation officer: | ||||||
| 5 | (i) performing his or her official duties; | ||||||
| 6 | (ii) assaulted to prevent performance of his or her | ||||||
| 7 | official duties; or | ||||||
| 8 | (iii) assaulted in retaliation for performing his | ||||||
| 9 | or her official duties. | ||||||
| 10 | (6) A correctional institution employee, a county | ||||||
| 11 | juvenile detention center employee who provides direct and | ||||||
| 12 | continuous supervision of residents of a juvenile | ||||||
| 13 | detention center, including a county juvenile detention | ||||||
| 14 | center employee who supervises recreational activity for | ||||||
| 15 | residents of a juvenile detention center, or a Department | ||||||
| 16 | of Human Services employee, Department of Human Services | ||||||
| 17 | officer, or employee of a subcontractor of the Department | ||||||
| 18 | of Human Services supervising or controlling sexually | ||||||
| 19 | dangerous persons or sexually violent persons: | ||||||
| 20 | (i) performing his or her official duties; | ||||||
| 21 | (ii) assaulted to prevent performance of his or her | ||||||
| 22 | official duties; or | ||||||
| 23 | (iii) assaulted in retaliation for performing his | ||||||
| 24 | or her official duties. | ||||||
| 25 | (7) An employee of the State of Illinois, a municipal | ||||||
| 26 | corporation therein, or a political subdivision thereof, | ||||||
| |||||||
| |||||||
| 1 | performing his or her official duties. | ||||||
| 2 | (8) A transit employee performing his or her official | ||||||
| 3 | duties, or a transit passenger. | ||||||
| 4 | (9) A sports official or coach actively participating | ||||||
| 5 | in any level of athletic competition within a sports venue, | ||||||
| 6 | on an indoor playing field or outdoor playing field, or | ||||||
| 7 | within the immediate vicinity of such a facility or field. | ||||||
| 8 | (10) A person authorized to serve process under Section | ||||||
| 9 | 2-202 of the Code of Civil Procedure or a special process | ||||||
| 10 | server appointed by the circuit court, while that | ||||||
| 11 | individual is in the performance of his or her duties as a | ||||||
| 12 | process server. | ||||||
| 13 | (c) Offense based on use of firearm, device, or motor | ||||||
| 14 | vehicle. A person commits aggravated assault when, in | ||||||
| 15 | committing an assault, he or she does any of the following: | ||||||
| 16 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
| 17 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
| 18 | and designed to be substantially similar in appearance to a | ||||||
| 19 | firearm, other than by discharging a firearm. | ||||||
| 20 | (2) Discharges a firearm, other than from a motor | ||||||
| 21 | vehicle. | ||||||
| 22 | (3) Discharges a firearm from a motor vehicle. | ||||||
| 23 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
| 24 | identity. | ||||||
| 25 | (5) Knowingly and without lawful justification shines | ||||||
| 26 | or flashes a laser gun sight or other laser device attached | ||||||
| |||||||
| |||||||
| 1 | to a firearm, or used in concert with a firearm, so that | ||||||
| 2 | the laser beam strikes near or in the immediate vicinity of | ||||||
| 3 | any person. | ||||||
| 4 | (6) Uses a firearm, other than by discharging the | ||||||
| 5 | firearm, against a peace officer, community policing | ||||||
| 6 | volunteer, fireman, private security officer, emergency | ||||||
| 7 | management worker, emergency medical services personnel, | ||||||
| 8 | employee of a police department, employee of a sheriff's | ||||||
| 9 | department, or traffic control municipal employee: | ||||||
| 10 | (i) performing his or her official duties; | ||||||
| 11 | (ii) assaulted to prevent performance of his or her | ||||||
| 12 | official duties; or | ||||||
| 13 | (iii) assaulted in retaliation for performing his | ||||||
| 14 | or her official duties. | ||||||
| 15 | (7) Without justification operates a motor vehicle in a | ||||||
| 16 | manner which places a person, other than a person listed in | ||||||
| 17 | subdivision (b)(4), in reasonable apprehension of being | ||||||
| 18 | struck by the moving motor vehicle. | ||||||
| 19 | (8) Without justification operates a motor vehicle in a | ||||||
| 20 | manner which places a person listed in subdivision (b)(4), | ||||||
| 21 | in reasonable apprehension of being struck by the moving | ||||||
| 22 | motor vehicle. | ||||||
| 23 | (9) Knowingly video or audio records the offense with | ||||||
| 24 | the intent to disseminate the recording. | ||||||
| 25 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
| 26 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
| |||||||
| |||||||
| 1 | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||||||
| 2 | aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||||||
| 3 | is a Class 4 felony if a Category I, Category II, or Category | ||||||
| 4 | III weapon is used in the commission of the assault. Aggravated | ||||||
| 5 | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), | ||||||
| 6 | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
| 7 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
| 8 | is a Class 3 felony. | ||||||
| 9 | (e) For the purposes of this Section, "Category I weapon", | ||||||
| 10 | "Category II weapon", and "Category III weapon" have the | ||||||
| 11 | meanings ascribed to those terms in Section 33A-1 of this Code.
| ||||||
| 12 | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
| ||||||
| 13 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
| 14 | Sec. 12-3.05. Aggravated battery.
| ||||||
| 15 | (a) Offense based on injury. A person commits aggravated | ||||||
| 16 | battery when, in committing a battery, other than by the | ||||||
| 17 | discharge of a firearm, he or she knowingly does any of the | ||||||
| 18 | following: | ||||||
| 19 | (1) Causes great bodily harm or permanent disability or | ||||||
| 20 | disfigurement. | ||||||
| 21 | (2) Causes severe and permanent disability, great | ||||||
| 22 | bodily harm, or disfigurement by means of a caustic or | ||||||
| 23 | flammable substance, a poisonous gas, a deadly biological | ||||||
| 24 | or chemical contaminant or agent, a radioactive substance, | ||||||
| 25 | or a bomb or explosive compound. | ||||||
| |||||||
| |||||||
| 1 | (3) Causes great bodily harm or permanent disability or | ||||||
| 2 | disfigurement to an individual whom the person knows to be | ||||||
| 3 | a peace officer, community policing volunteer, fireman, | ||||||
| 4 | private security officer, correctional institution | ||||||
| 5 | employee, or Department of Human Services employee | ||||||
| 6 | supervising or controlling sexually dangerous persons or | ||||||
| 7 | sexually violent persons: | ||||||
| 8 | (i) performing his or her official duties; | ||||||
| 9 | (ii) battered to prevent performance of his or her | ||||||
| 10 | official duties; or | ||||||
| 11 | (iii) battered in retaliation for performing his | ||||||
| 12 | or her official duties. | ||||||
| 13 | (4) Causes great bodily harm or permanent disability or | ||||||
| 14 | disfigurement to an individual 60 years of age or older. | ||||||
| 15 | (5) Strangles another individual. | ||||||
| 16 | (b) Offense based on injury to a child or person with an | ||||||
| 17 | intellectual disability. A person who is at least 18 years of | ||||||
| 18 | age commits aggravated battery when, in committing a battery, | ||||||
| 19 | he or she knowingly and without legal justification by any | ||||||
| 20 | means: | ||||||
| 21 | (1) causes great bodily harm or permanent disability or | ||||||
| 22 | disfigurement to any child under the age of 13 years, or to | ||||||
| 23 | any person with a severe or profound intellectual | ||||||
| 24 | disability; or | ||||||
| 25 | (2) causes bodily harm or disability or disfigurement | ||||||
| 26 | to any child under the age of 13 years or to any person | ||||||
| |||||||
| |||||||
| 1 | with a severe or profound intellectual disability. | ||||||
| 2 | (c) Offense based on location of conduct. A person commits | ||||||
| 3 | aggravated battery when, in committing a battery, other than by | ||||||
| 4 | the discharge of a firearm, he or she is or the person battered | ||||||
| 5 | is on or about a public way, public property, a public place of | ||||||
| 6 | accommodation or amusement, a sports venue, or a domestic | ||||||
| 7 | violence shelter, or in a church, synagogue, mosque, or other | ||||||
| 8 | building, structure, or place used for religious worship. | ||||||
| 9 | (d) Offense based on status of victim. A person commits | ||||||
| 10 | aggravated battery when, in committing a battery, other than by | ||||||
| 11 | discharge of a firearm, he or she knows the individual battered | ||||||
| 12 | to be any of the following: | ||||||
| 13 | (1) A person 60 years of age or older. | ||||||
| 14 | (2) A person who is pregnant or has a physical | ||||||
| 15 | disability. | ||||||
| 16 | (3) A teacher or school employee upon school grounds or | ||||||
| 17 | grounds adjacent to a school or in any part of a building | ||||||
| 18 | used for school purposes. | ||||||
| 19 | (4) A peace officer, community policing volunteer, | ||||||
| 20 | fireman, private security officer, correctional | ||||||
| 21 | institution employee, or Department of Human Services | ||||||
| 22 | employee supervising or controlling sexually dangerous | ||||||
| 23 | persons or sexually violent persons: | ||||||
| 24 | (i) performing his or her official duties; | ||||||
| 25 | (ii) battered to prevent performance of his or her | ||||||
| 26 | official duties; or | ||||||
| |||||||
| |||||||
| 1 | (iii) battered in retaliation for performing his | ||||||
| 2 | or her official duties. | ||||||
| 3 | (5) A judge, emergency management worker, emergency | ||||||
| 4 | medical services personnel, or utility worker: | ||||||
| 5 | (i) performing his or her official duties; | ||||||
| 6 | (ii) battered to prevent performance of his or her | ||||||
| 7 | official duties; or | ||||||
| 8 | (iii) battered in retaliation for performing his | ||||||
| 9 | or her official duties. | ||||||
| 10 | (6) An officer or employee of the State of Illinois, a | ||||||
| 11 | unit of local government, or a school district, while | ||||||
| 12 | performing his or her official duties. | ||||||
| 13 | (7) A transit employee performing his or her official | ||||||
| 14 | duties, or a transit passenger. | ||||||
| 15 | (8) A taxi driver on duty. | ||||||
| 16 | (9) A merchant who detains the person for an alleged | ||||||
| 17 | commission of retail theft under Section 16-26 of this Code | ||||||
| 18 | and the person without legal justification by any means | ||||||
| 19 | causes bodily harm to the merchant. | ||||||
| 20 | (10) A person authorized to serve process under Section | ||||||
| 21 | 2-202 of the Code of Civil Procedure or a special process | ||||||
| 22 | server appointed by the circuit court while that individual | ||||||
| 23 | is in the performance of his or her duties as a process | ||||||
| 24 | server. | ||||||
| 25 | (11) A nurse while in the performance of his or her | ||||||
| 26 | duties as a nurse. | ||||||
| |||||||
| |||||||
| 1 | (e) Offense based on use of a firearm. A person commits | ||||||
| 2 | aggravated battery when, in committing a battery, he or she | ||||||
| 3 | knowingly does any of the following: | ||||||
| 4 | (1) Discharges a firearm, other than a machine gun or a | ||||||
| 5 | firearm equipped with a silencer, and causes any injury to | ||||||
| 6 | another person. | ||||||
| 7 | (2) Discharges a firearm, other than a machine gun or a | ||||||
| 8 | firearm equipped with a silencer, and causes any injury to | ||||||
| 9 | a person he or she knows to be a peace officer, community | ||||||
| 10 | policing volunteer, person summoned by a police officer, | ||||||
| 11 | fireman, private security officer, correctional | ||||||
| 12 | institution employee, or emergency management worker: | ||||||
| 13 | (i) performing his or her official duties; | ||||||
| 14 | (ii) battered to prevent performance of his or her | ||||||
| 15 | official duties; or | ||||||
| 16 | (iii) battered in retaliation for performing his | ||||||
| 17 | or her official duties. | ||||||
| 18 | (3) Discharges a firearm, other than a machine gun or a | ||||||
| 19 | firearm equipped with a silencer, and causes any injury to | ||||||
| 20 | a person he or she knows to be emergency medical services | ||||||
| 21 | personnel: | ||||||
| 22 | (i) performing his or her official duties; | ||||||
| 23 | (ii) battered to prevent performance of his or her | ||||||
| 24 | official duties; or | ||||||
| 25 | (iii) battered in retaliation for performing his | ||||||
| 26 | or her official duties. | ||||||
| |||||||
| |||||||
| 1 | (4) Discharges a firearm and causes any injury to a | ||||||
| 2 | person he or she knows to be a teacher, a student in a | ||||||
| 3 | school, or a school employee, and the teacher, student, or | ||||||
| 4 | employee is upon school grounds or grounds adjacent to a | ||||||
| 5 | school or in any part of a building used for school | ||||||
| 6 | purposes. | ||||||
| 7 | (5) Discharges a machine gun or a firearm equipped with | ||||||
| 8 | a silencer, and causes any injury to another person. | ||||||
| 9 | (6) Discharges a machine gun or a firearm equipped with | ||||||
| 10 | a silencer, and causes any injury to a person he or she | ||||||
| 11 | knows to be a peace officer, community policing volunteer, | ||||||
| 12 | person summoned by a police officer, fireman, private | ||||||
| 13 | security officer, correctional institution employee or | ||||||
| 14 | emergency management worker: | ||||||
| 15 | (i) performing his or her official duties; | ||||||
| 16 | (ii) battered to prevent performance of his or her | ||||||
| 17 | official duties; or | ||||||
| 18 | (iii) battered in retaliation for performing his | ||||||
| 19 | or her official duties. | ||||||
| 20 | (7) Discharges a machine gun or a firearm equipped with | ||||||
| 21 | a silencer, and causes any injury to a person he or she | ||||||
| 22 | knows to be emergency medical services personnel: | ||||||
| 23 | (i) performing his or her official duties; | ||||||
| 24 | (ii) battered to prevent performance of his or her | ||||||
| 25 | official duties; or | ||||||
| 26 | (iii) battered in retaliation for performing his | ||||||
| |||||||
| |||||||
| 1 | or her official duties. | ||||||
| 2 | (8) Discharges a machine gun or a firearm equipped with | ||||||
| 3 | a silencer, and causes any injury to a person he or she | ||||||
| 4 | knows to be a teacher, or a student in a school, or a | ||||||
| 5 | school employee, and the teacher, student, or employee is | ||||||
| 6 | upon school grounds or grounds adjacent to a school or in | ||||||
| 7 | any part of a building used for school purposes. | ||||||
| 8 | (f) Offense based on use of a weapon or device. A person | ||||||
| 9 | commits aggravated battery when, in committing a battery, he or | ||||||
| 10 | she does any of the following: | ||||||
| 11 | (1) Uses a deadly weapon other than by discharge of a | ||||||
| 12 | firearm, or uses an air rifle as defined in Section | ||||||
| 13 | 24.8-0.1 of this Code. | ||||||
| 14 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
| 15 | identity. | ||||||
| 16 | (3) Knowingly and without lawful justification shines | ||||||
| 17 | or flashes a laser gunsight or other laser device attached | ||||||
| 18 | to a firearm, or used in concert with a firearm, so that | ||||||
| 19 | the laser beam strikes upon or against the person of | ||||||
| 20 | another. | ||||||
| 21 | (4) Knowingly video or audio records the offense with | ||||||
| 22 | the intent to disseminate the recording. | ||||||
| 23 | (g) Offense based on certain conduct. A person commits | ||||||
| 24 | aggravated battery when, other than by discharge of a firearm, | ||||||
| 25 | he or she does any of the following: | ||||||
| 26 | (1) Violates Section 401 of the Illinois Controlled | ||||||
| |||||||
| |||||||
| 1 | Substances Act by unlawfully delivering a controlled | ||||||
| 2 | substance to another and any user experiences great bodily | ||||||
| 3 | harm or permanent disability as a result of the injection, | ||||||
| 4 | inhalation, or ingestion of any amount of the controlled | ||||||
| 5 | substance. | ||||||
| 6 | (2) Knowingly administers to an individual or causes | ||||||
| 7 | him or her to take, without his or her consent or by threat | ||||||
| 8 | or deception, and for other than medical purposes, any | ||||||
| 9 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
| 10 | or controlled substance, or gives to another person any | ||||||
| 11 | food containing any substance or object intended to cause | ||||||
| 12 | physical injury if eaten. | ||||||
| 13 | (3) Knowingly causes or attempts to cause a | ||||||
| 14 | correctional institution employee or Department of Human | ||||||
| 15 | Services employee to come into contact with blood, seminal | ||||||
| 16 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
| 17 | the fluid or material, and the person is an inmate of a | ||||||
| 18 | penal institution or is a sexually dangerous person or | ||||||
| 19 | sexually violent person in the custody of the Department of | ||||||
| 20 | Human Services. | ||||||
| 21 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
| 22 | battery is a Class 3 felony. | ||||||
| 23 | Aggravated battery as defined in subdivision (a)(4), | ||||||
| 24 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
| 25 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
| 26 | (g)(1) is a Class 1 felony. | ||||||
| |||||||
| |||||||
| 1 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
| 2 | Class 1 felony when the aggravated battery was intentional and | ||||||
| 3 | involved the infliction of torture, as defined in paragraph | ||||||
| 4 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
| 5 | infliction of or subjection to extreme physical pain, motivated | ||||||
| 6 | by an intent to increase or prolong the pain, suffering, or | ||||||
| 7 | agony of the victim. | ||||||
| 8 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
| 9 | Class 2 felony when the person causes great bodily harm or | ||||||
| 10 | permanent disability to an individual whom the person knows to | ||||||
| 11 | be a member of a congregation engaged in prayer or other | ||||||
| 12 | religious activities at a church, synagogue, mosque, or other | ||||||
| 13 | building, structure, or place used for religious worship. | ||||||
| 14 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
| 15 | felony if: | ||||||
| 16 | (A) the person used or attempted to use a dangerous
| ||||||
| 17 | instrument while committing the offense; or | ||||||
| 18 | (B) the person caused great bodily harm or
permanent | ||||||
| 19 | disability or disfigurement to the other
person while | ||||||
| 20 | committing the offense; or | ||||||
| 21 | (C) the person has been previously convicted of a
| ||||||
| 22 | violation of subdivision (a)(5) under the laws of this
| ||||||
| 23 | State or laws similar to subdivision (a)(5) of any other
| ||||||
| 24 | state. | ||||||
| 25 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
| 26 | Class X felony. | ||||||
| |||||||
| |||||||
| 1 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
| 2 | Class X felony for which a person shall be sentenced to a term | ||||||
| 3 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
| 4 | years. | ||||||
| 5 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
| 6 | Class X felony for which a person shall be sentenced to a term | ||||||
| 7 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
| 8 | years. | ||||||
| 9 | Aggravated battery as defined in subdivision (e)(2), | ||||||
| 10 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
| 11 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
| 12 | and a maximum of 60 years. | ||||||
| 13 | Aggravated battery as defined in subdivision (e)(6), | ||||||
| 14 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
| 15 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
| 16 | and a maximum of 60 years. | ||||||
| 17 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
| 18 | Class X felony, except that: | ||||||
| 19 | (1) if the person committed the offense while armed | ||||||
| 20 | with a firearm, 15 years shall be added to the term of | ||||||
| 21 | imprisonment imposed by the court; | ||||||
| 22 | (2) if, during the commission of the offense, the | ||||||
| 23 | person personally discharged a firearm, 20 years shall be | ||||||
| 24 | added to the term of imprisonment imposed by the court; | ||||||
| 25 | (3) if, during the commission of the offense, the | ||||||
| 26 | person personally discharged a firearm that proximately | ||||||
| |||||||
| |||||||
| 1 | caused great bodily harm, permanent disability, permanent | ||||||
| 2 | disfigurement, or death to another person, 25 years or up | ||||||
| 3 | to a term of natural life shall be added to the term of | ||||||
| 4 | imprisonment imposed by the court. | ||||||
| 5 | (i) Definitions. In this Section: | ||||||
| 6 | "Building or other structure used to provide shelter" has | ||||||
| 7 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
| 8 | Violence Shelters Act. | ||||||
| 9 | "Domestic violence" has the meaning ascribed to it in | ||||||
| 10 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
| 11 | "Domestic violence shelter" means any building or other | ||||||
| 12 | structure used to provide shelter or other services to victims | ||||||
| 13 | or to the dependent children of victims of domestic violence | ||||||
| 14 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
| 15 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
| 16 | such a building or other structure in the case of a person who | ||||||
| 17 | is going to or from such a building or other structure. | ||||||
| 18 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
| 19 | Firearm Owners Identification Card Act, and does
not include an | ||||||
| 20 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
| 21 | "Machine gun" has the meaning ascribed to it in Section | ||||||
| 22 | 24-1 of this Code. | ||||||
| 23 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
| 24 | of this Code. | ||||||
| 25 | "Strangle" means
intentionally impeding the normal | ||||||
| 26 | breathing or circulation of the blood of an individual by | ||||||
| |||||||
| |||||||
| 1 | applying pressure on the throat
or neck of that individual or | ||||||
| 2 | by blocking the nose or mouth of
that individual.
| ||||||
| 3 | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
| ||||||
| 4 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
| 5 | Sec. 28-1. Gambling.
| ||||||
| 6 | (a) A person commits gambling when he or she:
| ||||||
| 7 | (1) knowingly plays a game of chance or skill for money | ||||||
| 8 | or other thing of
value, unless excepted in subsection (b) | ||||||
| 9 | of this Section;
| ||||||
| 10 | (2) knowingly makes a wager upon the result of any | ||||||
| 11 | game, contest, or any
political nomination, appointment or | ||||||
| 12 | election;
| ||||||
| 13 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
| 14 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
| 15 | manufactures or distributes any
gambling device;
| ||||||
| 16 | (4) contracts to have or give himself or herself or | ||||||
| 17 | another the option to buy
or sell, or contracts to buy or | ||||||
| 18 | sell, at a future time, any grain or
other commodity | ||||||
| 19 | whatsoever, or any stock or security of any company,
where | ||||||
| 20 | it is at the time of making such contract intended by both | ||||||
| 21 | parties
thereto that the contract to buy or sell, or the | ||||||
| 22 | option, whenever
exercised, or the contract resulting | ||||||
| 23 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
| 24 | of such property, but by the payment only of
differences in | ||||||
| 25 | prices thereof; however, the issuance, purchase, sale,
| ||||||
| |||||||
| |||||||
| 1 | exercise, endorsement or guarantee, by or through a person | ||||||
| 2 | registered
with the Secretary of State pursuant to Section | ||||||
| 3 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
| 4 | a person exempt from such
registration under said Section | ||||||
| 5 | 8, of a put, call, or other option to
buy or sell | ||||||
| 6 | securities which have been registered with the Secretary of
| ||||||
| 7 | State or which are exempt from such registration under | ||||||
| 8 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
| 9 | gambling within the meaning of
this paragraph (4);
| ||||||
| 10 | (5) knowingly owns or possesses any book, instrument or | ||||||
| 11 | apparatus by
means of which bets or wagers have been, or | ||||||
| 12 | are, recorded or registered,
or knowingly possesses any | ||||||
| 13 | money which he has received in the course of
a bet or | ||||||
| 14 | wager;
| ||||||
| 15 | (6) knowingly sells pools upon the result of any game | ||||||
| 16 | or contest of skill or
chance, political nomination, | ||||||
| 17 | appointment or election;
| ||||||
| 18 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
| 19 | offers to sell or
transfers any ticket or share for any | ||||||
| 20 | lottery;
| ||||||
| 21 | (8) knowingly sets up or promotes any policy game or | ||||||
| 22 | sells, offers to sell or
knowingly possesses or transfers | ||||||
| 23 | any policy ticket, slip, record,
document or other similar | ||||||
| 24 | device;
| ||||||
| 25 | (9) knowingly drafts, prints or publishes any lottery | ||||||
| 26 | ticket or share,
or any policy ticket, slip, record, | ||||||
| |||||||
| |||||||
| 1 | document or similar device, except for
such activity | ||||||
| 2 | related to lotteries, bingo games and raffles authorized by
| ||||||
| 3 | and conducted in accordance with the laws of Illinois or | ||||||
| 4 | any other state or
foreign government;
| ||||||
| 5 | (10) knowingly advertises any lottery or policy game, | ||||||
| 6 | except for such
activity related to lotteries, bingo games | ||||||
| 7 | and raffles authorized by and
conducted in accordance with | ||||||
| 8 | the laws of Illinois or any other state;
| ||||||
| 9 | (11) knowingly transmits information as to wagers, | ||||||
| 10 | betting odds, or
changes in betting odds by telephone, | ||||||
| 11 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
| 12 | installs or maintains equipment for the
transmission or | ||||||
| 13 | receipt of such information; except that nothing in this
| ||||||
| 14 | subdivision (11) prohibits transmission or receipt of such | ||||||
| 15 | information
for use in news reporting of sporting events or | ||||||
| 16 | contests; or
| ||||||
| 17 | (12) knowingly establishes, maintains, or operates an | ||||||
| 18 | Internet site that
permits a person to play a game of
| ||||||
| 19 | chance or skill for money or other thing of value by means | ||||||
| 20 | of the Internet or
to make a wager upon the
result of any | ||||||
| 21 | game, contest, political nomination, appointment, or
| ||||||
| 22 | election by means of the Internet. This item (12) does not | ||||||
| 23 | apply to activities referenced in items (6), (6.1), (8), | ||||||
| 24 | and (8.1), and (15) of subsection (b) of this Section.
| ||||||
| 25 | (b) Participants in any of the following activities shall | ||||||
| 26 | not be
convicted of gambling:
| ||||||
| |||||||
| |||||||
| 1 | (1) Agreements to compensate for loss caused by the | ||||||
| 2 | happening of
chance including without limitation contracts | ||||||
| 3 | of indemnity or guaranty
and life or health or accident | ||||||
| 4 | insurance.
| ||||||
| 5 | (2) Offers of prizes, award or compensation to the | ||||||
| 6 | actual
contestants in any bona fide contest for the | ||||||
| 7 | determination of skill,
speed, strength or endurance or to | ||||||
| 8 | the owners of animals or vehicles
entered in such contest.
| ||||||
| 9 | (3) Pari-mutuel betting as authorized by the law of | ||||||
| 10 | this State.
| ||||||
| 11 | (4) Manufacture of gambling devices, including the | ||||||
| 12 | acquisition of
essential parts therefor and the assembly | ||||||
| 13 | thereof, for transportation in
interstate or foreign | ||||||
| 14 | commerce to any place outside this State when such
| ||||||
| 15 | transportation is not prohibited by any applicable Federal | ||||||
| 16 | law; or the
manufacture, distribution, or possession of | ||||||
| 17 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
| 18 | by manufacturers, distributors, and
terminal operators | ||||||
| 19 | licensed to do so under the Video Gaming Act.
| ||||||
| 20 | (5) The game commonly known as "bingo", when conducted | ||||||
| 21 | in accordance
with the Bingo License and Tax Act.
| ||||||
| 22 | (6) Lotteries when conducted by the State of Illinois | ||||||
| 23 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
| 24 | includes any activity conducted by the Department of | ||||||
| 25 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
| 26 | of the Illinois Lottery Law and its rules.
| ||||||
| |||||||
| |||||||
| 1 | (6.1) The purchase of lottery tickets through the | ||||||
| 2 | Internet for a lottery conducted by the State of Illinois | ||||||
| 3 | under the program established in Section 7.12 of the | ||||||
| 4 | Illinois Lottery Law.
| ||||||
| 5 | (7) Possession of an antique slot machine that is | ||||||
| 6 | neither used nor
intended to be used in the operation or | ||||||
| 7 | promotion of any unlawful
gambling activity or enterprise. | ||||||
| 8 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
| 9 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
| 10 | (8) Raffles and poker runs when conducted in accordance | ||||||
| 11 | with the Raffles and Poker Runs Act.
| ||||||
| 12 | (8.1) The purchase of raffle chances for a raffle | ||||||
| 13 | conducted in accordance with the Raffles and Poker Runs | ||||||
| 14 | Act. | ||||||
| 15 | (9) Charitable games when conducted in accordance with | ||||||
| 16 | the Charitable
Games Act.
| ||||||
| 17 | (10) Pull tabs and jar games when conducted under the | ||||||
| 18 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
| 19 | (11) Gambling games when
authorized by the Illinois | ||||||
| 20 | Gambling Act.
| ||||||
| 21 | (12) Video gaming terminal games at a licensed | ||||||
| 22 | establishment, licensed truck stop establishment, licensed | ||||||
| 23 | large truck stop establishment,
licensed
fraternal | ||||||
| 24 | establishment, or licensed veterans establishment when
| ||||||
| 25 | conducted in accordance with the Video Gaming Act. | ||||||
| 26 | (13) Games of skill or chance where money or other | ||||||
| |||||||
| |||||||
| 1 | things of value can be won but no payment or purchase is | ||||||
| 2 | required to participate. | ||||||
| 3 | (14) Savings promotion raffles authorized under | ||||||
| 4 | Section 5g of the Illinois Banking Act, Section 7008 of the | ||||||
| 5 | Savings Bank Act, Section 42.7 of the Illinois Credit Union | ||||||
| 6 | Act, Section 5136B of the National Bank Act (12 U.S.C. | ||||||
| 7 | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | ||||||
| 8 | 1463). | ||||||
| 9 | (15) Sports wagering when conducted in accordance with | ||||||
| 10 | the Sports Wagering Act. | ||||||
| 11 | (c) Sentence.
| ||||||
| 12 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
| 13 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
| 14 | 4 felony.
| ||||||
| 15 | (d) Circumstantial evidence.
| ||||||
| 16 | In prosecutions under
this
Section circumstantial evidence | ||||||
| 17 | shall have the same validity and weight as
in any criminal | ||||||
| 18 | prosecution.
| ||||||
| 19 | (Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; | ||||||
| 20 | 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. | ||||||
| 21 | 7-19-19; revised 8-6-19.)
| ||||||
| 22 | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| ||||||
| 23 | Sec. 28-2. Definitions.
| ||||||
| 24 | (a) A "gambling device" is any clock, tape machine, slot | ||||||
| 25 | machine or
other machines or device for the reception of money | ||||||
| |||||||
| |||||||
| 1 | or other thing of value
on chance or skill or upon the action | ||||||
| 2 | of which money or other thing of
value is staked, hazarded, | ||||||
| 3 | bet, won, or lost; or any mechanism, furniture,
fixture, | ||||||
| 4 | equipment, or other device designed primarily for use in a | ||||||
| 5 | gambling
place. A "gambling device" does not include:
| ||||||
| 6 | (1) A coin-in-the-slot operated mechanical device | ||||||
| 7 | played for amusement
which rewards the player with the | ||||||
| 8 | right to replay such mechanical device,
which device is so | ||||||
| 9 | constructed or devised as to make such result of the
| ||||||
| 10 | operation thereof depend in part upon the skill of the | ||||||
| 11 | player and which
returns to the player thereof no money, | ||||||
| 12 | property, or right to receive money
or property.
| ||||||
| 13 | (2) Vending machines by which full and adequate return | ||||||
| 14 | is made for the
money invested and in which there is no | ||||||
| 15 | element of chance or hazard.
| ||||||
| 16 | (3) A crane game. For the purposes of this paragraph | ||||||
| 17 | (3), a "crane
game" is an amusement device involving skill, | ||||||
| 18 | if it rewards the player
exclusively with merchandise | ||||||
| 19 | contained within the amusement device proper
and limited to | ||||||
| 20 | toys, novelties, and prizes other than currency, each | ||||||
| 21 | having
a wholesale value which is not more than $25.
| ||||||
| 22 | (4) A redemption machine. For the purposes of this | ||||||
| 23 | paragraph (4), a
"redemption machine" is a single-player or | ||||||
| 24 | multi-player amusement device
involving a game, the object | ||||||
| 25 | of which is throwing, rolling, bowling,
shooting, placing, | ||||||
| 26 | or propelling a ball or other object that is either | ||||||
| |||||||
| |||||||
| 1 | physical or computer generated on a display or with lights | ||||||
| 2 | into, upon, or
against a hole or other target that is | ||||||
| 3 | either physical or computer generated on a display or with | ||||||
| 4 | lights, or stopping, by physical, mechanical, or | ||||||
| 5 | electronic means, a moving object that is either physical | ||||||
| 6 | or computer generated on a display or with lights into, | ||||||
| 7 | upon, or
against a hole or other target that is either | ||||||
| 8 | physical or computer generated on a display or with lights, | ||||||
| 9 | provided that all of the following
conditions are met:
| ||||||
| 10 | (A) The outcome of the game is predominantly | ||||||
| 11 | determined by the
skill of the player.
| ||||||
| 12 | (B) The award of the prize is based solely upon the | ||||||
| 13 | player's
achieving the object of the game or otherwise | ||||||
| 14 | upon the player's score.
| ||||||
| 15 | (C) Only merchandise prizes are awarded.
| ||||||
| 16 | (D) The wholesale value of prizes awarded in lieu | ||||||
| 17 | of tickets
or tokens for single play of the device does | ||||||
| 18 | not exceed $25.
| ||||||
| 19 | (E) The redemption value of tickets, tokens, and | ||||||
| 20 | other representations
of value, which may be | ||||||
| 21 | accumulated by players to redeem prizes of greater
| ||||||
| 22 | value, for a single play of the device does not exceed | ||||||
| 23 | $25.
| ||||||
| 24 | (5) Video gaming terminals at a licensed | ||||||
| 25 | establishment, licensed truck stop establishment,
licensed | ||||||
| 26 | large truck stop establishment, licensed
fraternal | ||||||
| |||||||
| |||||||
| 1 | establishment, or licensed veterans establishment licensed | ||||||
| 2 | in accordance with the Video Gaming Act. | ||||||
| 3 | (a-5) "Internet" means an interactive computer service or | ||||||
| 4 | system or an
information service, system, or access software | ||||||
| 5 | provider that provides or
enables computer access by multiple | ||||||
| 6 | users to a computer server, and includes,
but is not limited | ||||||
| 7 | to, an information service, system, or access software
provider | ||||||
| 8 | that provides access to a network system commonly known as the
| ||||||
| 9 | Internet, or any comparable system or service and also | ||||||
| 10 | includes, but is not
limited to, a World Wide Web page, | ||||||
| 11 | newsgroup, message board, mailing list, or
chat area on any | ||||||
| 12 | interactive computer service or system or other online
service.
| ||||||
| 13 | (a-6) "Access" has the meaning ascribed to the term in | ||||||
| 14 | Section 17-55.
| ||||||
| 15 | (a-7) "Computer" has the meaning ascribed to the term in | ||||||
| 16 | Section 17-0.5. | ||||||
| 17 | (b) A "lottery" is any scheme or procedure whereby one or | ||||||
| 18 | more prizes
are distributed by chance among persons who have | ||||||
| 19 | paid or promised
consideration for a chance to win such prizes, | ||||||
| 20 | whether such scheme or
procedure is called a lottery, raffle, | ||||||
| 21 | gift, sale, or some other name, excluding savings promotion | ||||||
| 22 | raffles authorized under Section 5g of the Illinois Banking | ||||||
| 23 | Act, Section 7008 of the Savings Bank Act, Section 42.7 of the | ||||||
| 24 | Illinois Credit Union Act, Section 5136B of the National Bank | ||||||
| 25 | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | ||||||
| 26 | (12 U.S.C. 1463).
| ||||||
| |||||||
| |||||||
| 1 | (c) A "policy game" is any scheme or procedure whereby a | ||||||
| 2 | person promises
or guarantees by any instrument, bill, | ||||||
| 3 | certificate, writing, token, or other
device that any | ||||||
| 4 | particular number, character, ticket, or certificate shall
in | ||||||
| 5 | the event of any contingency in the nature of a lottery entitle | ||||||
| 6 | the
purchaser or holder to receive money, property, or evidence | ||||||
| 7 | of debt.
| ||||||
| 8 | (Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; | ||||||
| 9 | revised 8-6-19.)
| ||||||
| 10 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
| 11 | Sec. 28-3. Keeping a gambling place. A "gambling place" is | ||||||
| 12 | any real
estate, vehicle, boat, or any other property | ||||||
| 13 | whatsoever used for the
purposes of gambling other than | ||||||
| 14 | gambling conducted in the manner authorized
by the Illinois | ||||||
| 15 | Gambling Act, the Sports Wagering Act, or the Video Gaming Act. | ||||||
| 16 | Any person who
knowingly permits any premises
or property owned | ||||||
| 17 | or occupied by him or under his control to be used as a
| ||||||
| 18 | gambling place commits a Class A misdemeanor. Each subsequent | ||||||
| 19 | offense is a
Class 4 felony. When any premises is determined by | ||||||
| 20 | the circuit court to be
a gambling place:
| ||||||
| 21 | (a) Such premises is a public nuisance and may be | ||||||
| 22 | proceeded against as such,
and
| ||||||
| 23 | (b) All licenses, permits or certificates issued by the | ||||||
| 24 | State of
Illinois or any subdivision or public agency | ||||||
| 25 | thereof authorizing the
serving of food or liquor on such | ||||||
| |||||||
| |||||||
| 1 | premises shall be void; and no license,
permit or | ||||||
| 2 | certificate so cancelled shall be reissued for such | ||||||
| 3 | premises for
a period of 60 days thereafter; nor shall any | ||||||
| 4 | person convicted of keeping a
gambling place be reissued | ||||||
| 5 | such license
for one year from his conviction and, after a | ||||||
| 6 | second conviction of keeping
a gambling place, any such | ||||||
| 7 | person shall not be reissued such license, and
| ||||||
| 8 | (c) Such premises of any person who knowingly permits | ||||||
| 9 | thereon a
violation of any Section of this Article shall be | ||||||
| 10 | held liable for, and may
be sold to pay any unsatisfied | ||||||
| 11 | judgment that may be recovered and any
unsatisfied fine | ||||||
| 12 | that may be levied under any Section of this Article.
| ||||||
| 13 | (Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; | ||||||
| 14 | 101-31, Article 35, Section 35-80, eff. 6-28-19; revised | ||||||
| 15 | 7-12-19.)
| ||||||
| 16 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
| 17 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
| 18 | (a) Every device designed for gambling which is incapable | ||||||
| 19 | of lawful use
or every device used unlawfully for gambling | ||||||
| 20 | shall be considered a
"gambling device", and shall be subject | ||||||
| 21 | to seizure, confiscation and
destruction by the Department of | ||||||
| 22 | State Police or by any municipal, or other
local authority, | ||||||
| 23 | within whose jurisdiction the same may be found. As used
in | ||||||
| 24 | this Section, a "gambling device" includes any slot machine, | ||||||
| 25 | and
includes any machine or device constructed for the | ||||||
| |||||||
| |||||||
| 1 | reception of money or
other thing of value and so constructed | ||||||
| 2 | as to return, or to cause someone
to return, on chance to the | ||||||
| 3 | player thereof money, property or a right to
receive money or | ||||||
| 4 | property. With the exception of any device designed for
| ||||||
| 5 | gambling which is incapable of lawful use, no gambling device | ||||||
| 6 | shall be
forfeited or destroyed unless an individual with a | ||||||
| 7 | property interest in
said device knows of the unlawful use of | ||||||
| 8 | the device.
| ||||||
| 9 | (b) Every gambling device shall be seized and forfeited to | ||||||
| 10 | the county
wherein such seizure occurs. Any money or other | ||||||
| 11 | thing of value integrally
related to acts of gambling shall be | ||||||
| 12 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
| 13 | (c) If, within 60 days after any seizure pursuant to | ||||||
| 14 | subparagraph
(b) of this Section, a person having any property | ||||||
| 15 | interest in the seized
property is charged with an offense, the | ||||||
| 16 | court which renders judgment
upon such charge shall, within 30 | ||||||
| 17 | days after such judgment, conduct a
forfeiture hearing to | ||||||
| 18 | determine whether such property was a gambling device
at the | ||||||
| 19 | time of seizure. Such hearing shall be commenced by a written
| ||||||
| 20 | petition by the State, including material allegations of fact, | ||||||
| 21 | the name
and address of every person determined by the State to | ||||||
| 22 | have any property
interest in the seized property, a | ||||||
| 23 | representation that written notice of
the date, time and place | ||||||
| 24 | of such hearing has been mailed to every such
person by | ||||||
| 25 | certified mail at least 10 days before such date, and a
request | ||||||
| 26 | for forfeiture. Every such person may appear as a party and
| ||||||
| |||||||
| |||||||
| 1 | present evidence at such hearing. The quantum of proof required | ||||||
| 2 | shall
be a preponderance of the evidence, and the burden of | ||||||
| 3 | proof shall be on
the State. If the court determines that the | ||||||
| 4 | seized property was
a gambling device at the time of seizure, | ||||||
| 5 | an order of forfeiture and
disposition of the seized property | ||||||
| 6 | shall be entered: a gambling device
shall be received by the | ||||||
| 7 | State's Attorney, who shall effect its
destruction, except that | ||||||
| 8 | valuable parts thereof may be liquidated and
the resultant | ||||||
| 9 | money shall be deposited in the general fund of the county
| ||||||
| 10 | wherein such seizure occurred; money and other things of value | ||||||
| 11 | shall be
received by the State's Attorney and, upon | ||||||
| 12 | liquidation, shall be
deposited in the general fund of the | ||||||
| 13 | county wherein such seizure
occurred. However, in the event | ||||||
| 14 | that a defendant raises the defense
that the seized slot | ||||||
| 15 | machine is an antique slot machine described in
subparagraph | ||||||
| 16 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
| 17 | from the charge of a gambling activity participant, the seized
| ||||||
| 18 | antique slot machine shall not be destroyed or otherwise | ||||||
| 19 | altered until a
final determination is made by the Court as to | ||||||
| 20 | whether it is such an
antique slot machine. Upon a final | ||||||
| 21 | determination by the Court of this
question in favor of the | ||||||
| 22 | defendant, such slot machine shall be
immediately returned to | ||||||
| 23 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
| 24 | for the purposes of appeal, be a final order and
judgment in a | ||||||
| 25 | civil proceeding.
| ||||||
| 26 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
| |||||||
| |||||||
| 1 | Section is not
followed by a charge pursuant to subparagraph | ||||||
| 2 | (c) of this Section, or if
the prosecution of such charge is | ||||||
| 3 | permanently terminated or indefinitely
discontinued without | ||||||
| 4 | any judgment of conviction or acquittal (1) the
State's | ||||||
| 5 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
| 6 | and destruction of a gambling device, or for the forfeiture and | ||||||
| 7 | deposit
in the general fund of the county of any seized money | ||||||
| 8 | or other things of
value, or both, in the circuit court and (2) | ||||||
| 9 | any person having any
property interest in such seized gambling | ||||||
| 10 | device, money or other thing
of value may commence separate | ||||||
| 11 | civil proceedings in the manner provided
by law.
| ||||||
| 12 | (e) Any gambling device displayed for sale to a riverboat | ||||||
| 13 | gambling
operation, casino gambling operation, or organization | ||||||
| 14 | gaming facility or used to train occupational licensees of a | ||||||
| 15 | riverboat gambling
operation, casino gambling operation, or | ||||||
| 16 | organization gaming facility as authorized under the Illinois | ||||||
| 17 | Gambling Act is exempt from
seizure under this Section.
| ||||||
| 18 | (f) Any gambling equipment, devices, and supplies provided | ||||||
| 19 | by a licensed
supplier in accordance with the Illinois Gambling | ||||||
| 20 | Act which are removed
from a riverboat, casino, or organization | ||||||
| 21 | gaming facility for repair are exempt from seizure under this | ||||||
| 22 | Section.
| ||||||
| 23 | (g) The following video gaming terminals are exempt from | ||||||
| 24 | seizure under this Section: | ||||||
| 25 | (1) Video gaming terminals for sale to a licensed | ||||||
| 26 | distributor or operator under the Video Gaming Act. | ||||||
| |||||||
| |||||||
| 1 | (2) Video gaming terminals used to train licensed | ||||||
| 2 | technicians or licensed terminal handlers. | ||||||
| 3 | (3) Video gaming terminals that are removed from a | ||||||
| 4 | licensed establishment, licensed truck stop establishment, | ||||||
| 5 | licensed large truck stop establishment,
licensed
| ||||||
| 6 | fraternal establishment, or licensed veterans | ||||||
| 7 | establishment for repair. | ||||||
| 8 | (h) Property seized or forfeited under this Section is | ||||||
| 9 | subject to reporting under the Seizure and Forfeiture Reporting | ||||||
| 10 | Act. | ||||||
| 11 | (i) Any sports lottery terminals provided by a central | ||||||
| 12 | system provider that are removed from a lottery retailer for | ||||||
| 13 | repair under the Sports Wagering Act are exempt from seizure | ||||||
| 14 | under this Section. | ||||||
| 15 | (Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25, Section | ||||||
| 16 | 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. | ||||||
| 17 | 6-28-19; revised 7-12-19.)
| ||||||
| 18 | (720 ILCS 5/29B-21) | ||||||
| 19 | Sec. 29B-21. Attorney's fees. Nothing in this Article | ||||||
| 20 | applies to property that constitutes reasonable bona fide | ||||||
| 21 | attorney's fees paid to an attorney for services rendered or to | ||||||
| 22 | be rendered in the forfeiture proceeding or criminal proceeding | ||||||
| 23 | relating directly thereto if the property was paid before its | ||||||
| 24 | seizure and before the issuance of any seizure warrant or court | ||||||
| 25 | order prohibiting transfer of the property and if the attorney, | ||||||
| |||||||
| |||||||
| 1 | at the time he or she received the property, did not know that | ||||||
| 2 | it was property subject to forfeiture under this Article.
| ||||||
| 3 | (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18; | ||||||
| 4 | revised 7-12-19.)
| ||||||
| 5 | Section 610. The Cannabis Control Act is amended by | ||||||
| 6 | changing Section 5.3 as follows:
| ||||||
| 7 | (720 ILCS 550/5.3) | ||||||
| 8 | Sec. 5.3. Unlawful use of cannabis-based product
| ||||||
| 9 | manufacturing equipment. | ||||||
| 10 | (a) A person commits unlawful use of cannabis-based product
| ||||||
| 11 | manufacturing equipment when he or she knowingly engages in the
| ||||||
| 12 | possession, procurement, transportation, storage, or delivery
| ||||||
| 13 | of any equipment used in the manufacturing of any
| ||||||
| 14 | cannabis-based product using volatile or explosive gas, | ||||||
| 15 | including, but not limited to,
canisters of butane gas, with | ||||||
| 16 | the intent to manufacture,
compound, covert, produce, derive, | ||||||
| 17 | process, or prepare either
directly or indirectly any | ||||||
| 18 | cannabis-based product. | ||||||
| 19 | (b) This Section does not apply to a cultivation center or | ||||||
| 20 | cultivation center agent that prepares medical cannabis or | ||||||
| 21 | cannabis-infused products in compliance with the Compassionate | ||||||
| 22 | Use of Medical Cannabis Program Act and Department of Public | ||||||
| 23 | Health and Department of Agriculture rules. | ||||||
| 24 | (c) Sentence. A person who violates this Section is guilty | ||||||
| |||||||
| |||||||
| 1 | of a Class 2 felony. | ||||||
| 2 | (d) This Section does not apply to craft growers, | ||||||
| 3 | cultivation centers, and infuser organizations licensed under | ||||||
| 4 | the Cannabis Regulation and Tax Act. | ||||||
| 5 | (e) This Section does not apply to manufacturers of | ||||||
| 6 | cannabis-based product manufacturing equipment or transporting | ||||||
| 7 | organizations with documentation identifying the seller and | ||||||
| 8 | purchaser of the equipment if the seller or purchaser is a | ||||||
| 9 | craft grower, cultivation center, or infuser organization | ||||||
| 10 | licensed under the Cannabis Regulation and Tax Act.
| ||||||
| 11 | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; | ||||||
| 12 | revised 9-23-19.)
| ||||||
| 13 | Section 615. The Prevention of Tobacco Use by
Persons under | ||||||
| 14 | 21 Years of Age and Sale and Distribution of Tobacco Products | ||||||
| 15 | Act is amended by changing Section 2 as follows:
| ||||||
| 16 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| ||||||
| 17 | Sec. 2. Penalties. | ||||||
| 18 | (a) Any person who violates subsection (a), (a-5),
(a-5.1), | ||||||
| 19 | (a-8), (b), or (d) of Section 1 of this Act is guilty of a petty | ||||||
| 20 | offense. For the first offense in a 24-month period, the person | ||||||
| 21 | shall be fined $200 if his or her employer has a training | ||||||
| 22 | program that facilitates compliance with minimum-age tobacco | ||||||
| 23 | laws. For the second offense in a 24-month period, the person | ||||||
| 24 | shall be fined $400 if his or her employer has a training | ||||||
| |||||||
| |||||||
| 1 | program that facilitates compliance with minimum-age tobacco | ||||||
| 2 | laws. For the third offense in a 24-month period, the person | ||||||
| 3 | shall be fined $600 if his or her employer has a training | ||||||
| 4 | program that facilitates compliance with minimum-age tobacco | ||||||
| 5 | laws. For the fourth or subsequent offense in a 24-month | ||||||
| 6 | period, the person shall be fined $800 if his or her employer | ||||||
| 7 | has a training program that facilitates compliance with | ||||||
| 8 | minimum-age tobacco laws. For the purposes of this subsection, | ||||||
| 9 | the 24-month period shall begin with the person's first | ||||||
| 10 | violation of the Act. The penalties in this subsection are in | ||||||
| 11 | addition to any other penalties prescribed under the Cigarette | ||||||
| 12 | Tax Act and the Tobacco Products Tax Act of 1995. | ||||||
| 13 | (a-5) Any retailer who violates subsection (a), (a-5), | ||||||
| 14 | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | ||||||
| 15 | of a petty offense. For the first offense in a 24-month period, | ||||||
| 16 | the retailer shall be fined $200 if it does not have a training | ||||||
| 17 | program that facilitates compliance with minimum-age tobacco | ||||||
| 18 | laws. For the second offense in a 24-month period, the retailer | ||||||
| 19 | shall be fined $400 if it does not have a training program that | ||||||
| 20 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
| 21 | third offense within a 24-month period, the retailer shall be | ||||||
| 22 | fined $600 if it does not have a training program that | ||||||
| 23 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
| 24 | fourth or subsequent offense in a 24-month period, the retailer | ||||||
| 25 | shall be fined $800 if it does not have a training program that | ||||||
| 26 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
| |||||||
| |||||||
| 1 | purposes of this subsection, the 24-month period shall begin | ||||||
| 2 | with the person's first violation of the Act. The penalties in | ||||||
| 3 | this subsection are in addition to any other penalties | ||||||
| 4 | prescribed under the Cigarette Tax Act and the Tobacco Products | ||||||
| 5 | Tax Act of 1995. | ||||||
| 6 | (a-6) For the purpose of this Act, a training program that | ||||||
| 7 | facilitates compliance with minimum-age tobacco laws must | ||||||
| 8 | include at least the following elements: (i) it must explain | ||||||
| 9 | that only individuals displaying valid identification | ||||||
| 10 | demonstrating that they are 21 years of age or older shall be | ||||||
| 11 | eligible to purchase tobacco products, electronic cigarettes, | ||||||
| 12 | or alternative nicotine products and (ii) it must explain where | ||||||
| 13 | a clerk can check identification for a date of birth. The | ||||||
| 14 | training may be conducted electronically. Each retailer that | ||||||
| 15 | has a training program shall require each employee who | ||||||
| 16 | completes the training program to sign a form attesting that | ||||||
| 17 | the employee has received and completed tobacco training. The | ||||||
| 18 | form shall be kept in the employee's file and may be used to | ||||||
| 19 | provide proof of training.
| ||||||
| 20 | (b) (Blank). I If a person under 21 years of age violates | ||||||
| 21 | subsection (a-6) of Section 1, he or she is guilty of a Class A | ||||||
| 22 | misdemeanor.
| ||||||
| 23 | (c) (Blank).
| ||||||
| 24 | (d) (Blank).
| ||||||
| 25 | (e) (Blank).
| ||||||
| 26 | (f) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (g) (Blank).
| ||||||
| 2 | (h) All moneys collected as fines for violations of | ||||||
| 3 | subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or
(d) or | ||||||
| 4 | (a-7) of
Section 1
shall be distributed in the following | ||||||
| 5 | manner:
| ||||||
| 6 | (1) one-half of each fine shall be distributed to the | ||||||
| 7 | unit of local
government or other entity that successfully | ||||||
| 8 | prosecuted the offender;
and
| ||||||
| 9 | (2) one-half shall be remitted to the State to be used | ||||||
| 10 | for enforcing this
Act.
| ||||||
| 11 | Any violation of subsection (a) or (a-5) of Section 1 shall | ||||||
| 12 | be reported to the Department of Revenue within 7 business | ||||||
| 13 | days. | ||||||
| 14 | (Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19; | ||||||
| 15 | revised 4-29-19.)
| ||||||
| 16 | Section 620. The Prevention of Cigarette Sales to Persons | ||||||
| 17 | under 21 Years of Age Act is amended by changing Section 7 as | ||||||
| 18 | follows:
| ||||||
| 19 | (720 ILCS 678/7) | ||||||
| 20 | Sec. 7. Age verification and shipping requirements to | ||||||
| 21 | prevent delivery sales to persons under 21 years of age. | ||||||
| 22 | (a) No person, other than a delivery service, shall mail, | ||||||
| 23 | ship, or otherwise cause to be delivered a shipping package in | ||||||
| 24 | connection with a delivery sale unless the person: | ||||||
| |||||||
| |||||||
| 1 | (1) prior to the first delivery sale to the prospective | ||||||
| 2 | consumer, obtains
from the prospective consumer a written | ||||||
| 3 | certification which includes a statement signed by the | ||||||
| 4 | prospective consumer that certifies: | ||||||
| 5 | (A) the prospective consumer's current address; | ||||||
| 6 | and | ||||||
| 7 | (B) that the prospective consumer is at least the | ||||||
| 8 | legal minimum age; | ||||||
| 9 | (2) informs, in writing, such prospective consumer | ||||||
| 10 | that: | ||||||
| 11 | (A) the signing of another person's name to the | ||||||
| 12 | certification described in
this Section is illegal; | ||||||
| 13 | (B) sales of cigarettes to individuals under 21 | ||||||
| 14 | years of age are
illegal; | ||||||
| 15 | (C) the purchase of cigarettes by individuals | ||||||
| 16 | under 21 years of age
is illegal; and | ||||||
| 17 | (D) the name and identity of the prospective | ||||||
| 18 | consumer may be reported to
the state of the consumer's | ||||||
| 19 | current address under the Act of October 19, 1949 (15 | ||||||
| 20 | U.S.C. § 375, et seq.), commonly known as the Jenkins | ||||||
| 21 | Act; | ||||||
| 22 | (3) makes a good faith effort to verify the date of | ||||||
| 23 | birth of the prospective
consumer provided pursuant to this | ||||||
| 24 | Section by: | ||||||
| 25 | (A) comparing the date of birth against a | ||||||
| 26 | commercially available database;
or | ||||||
| |||||||
| |||||||
| 1 | (B) obtaining a photocopy or other image of a | ||||||
| 2 | valid, government-issued
identification stating the | ||||||
| 3 | date of birth or age of the prospective consumer; | ||||||
| 4 | (4) provides to the prospective consumer a notice that | ||||||
| 5 | meets the requirements of
subsection (b); | ||||||
| 6 | (5) receives payment for the delivery sale from the | ||||||
| 7 | prospective consumer by a
credit or debit card that has | ||||||
| 8 | been issued in such consumer's name, or by a check or other | ||||||
| 9 | written instrument in such consumer's name; and | ||||||
| 10 | (6) ensures that the shipping package is delivered to | ||||||
| 11 | the same address as is shown
on the government-issued | ||||||
| 12 | identification or contained in the commercially available | ||||||
| 13 | database. | ||||||
| 14 | (b) The notice required under this Section shall include: | ||||||
| 15 | (1) a statement that cigarette sales to consumers below | ||||||
| 16 | 21 years of age are
illegal; | ||||||
| 17 | (2) a statement that sales of cigarettes are restricted | ||||||
| 18 | to those consumers who
provide verifiable proof of age in | ||||||
| 19 | accordance with subsection (a); | ||||||
| 20 | (3) a statement that cigarette sales are subject to tax | ||||||
| 21 | under Section 2 of the
Cigarette Tax Act (35 ILCS 130/2), | ||||||
| 22 | Section 2 of the Cigarette Use Tax Act, and Section 3 of | ||||||
| 23 | the Use Tax Act and an explanation of how the correct tax | ||||||
| 24 | has been, or is to be, paid with respect to such delivery | ||||||
| 25 | sale. | ||||||
| 26 | (c) A statement meets the requirement of this Section if: | ||||||
| |||||||
| |||||||
| 1 | (1) the statement is clear and conspicuous; | ||||||
| 2 | (2) the statement is contained in a printed box set | ||||||
| 3 | apart from the other contents of
the communication; | ||||||
| 4 | (3) the statement is printed in bold, capital letters; | ||||||
| 5 | (4) the statement is printed with a degree of color | ||||||
| 6 | contrast between the
background and the printed statement | ||||||
| 7 | that is no less than the color contrast between the | ||||||
| 8 | background and the largest text used in the communication; | ||||||
| 9 | and | ||||||
| 10 | (5) for any printed material delivered by electronic | ||||||
| 11 | means, the statement appears
at both the top and the bottom | ||||||
| 12 | of the electronic mail message or both the top and the | ||||||
| 13 | bottom of the Internet website homepage. | ||||||
| 14 | (d) Each person, other than a delivery service, who mails, | ||||||
| 15 | ships, or otherwise causes to be delivered a shipping package | ||||||
| 16 | in connection with a delivery sale shall: | ||||||
| 17 | (1) include as part of the shipping documents a clear | ||||||
| 18 | and conspicuous statement
stating: "Cigarettes: Illinois | ||||||
| 19 | Law Prohibits Shipping to Individuals Under 21 and Requires | ||||||
| 20 | the Payment of All Applicable Taxes"; | ||||||
| 21 | (2) use a method of mailing, shipping, or delivery that | ||||||
| 22 | requires a signature before
the shipping package is | ||||||
| 23 | released to the consumer; and | ||||||
| 24 | (3) ensure that the shipping package is not delivered | ||||||
| 25 | to any post office box.
| ||||||
| 26 | (Source: P.A. 101-2, eff. 7-1-19; revised 4-29-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 625. The Code of Criminal Procedure of 1963 is | ||||||
| 2 | amended by changing Sections 110-5 and 112A-23 as follows:
| ||||||
| 3 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
| 4 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
| 5 | of release.
| ||||||
| 6 | (a) In determining the amount of monetary bail or | ||||||
| 7 | conditions of release, if
any,
which will reasonably assure the | ||||||
| 8 | appearance of a defendant as required or
the safety of any | ||||||
| 9 | other person or the community and the likelihood of
compliance | ||||||
| 10 | by the
defendant with all the conditions of bail, the court | ||||||
| 11 | shall, on the
basis of available information, take into account | ||||||
| 12 | such matters as the
nature and circumstances of the offense | ||||||
| 13 | charged, whether the evidence
shows that as part of the offense | ||||||
| 14 | there was a use of violence or threatened
use of violence, | ||||||
| 15 | whether the offense involved corruption of public
officials or | ||||||
| 16 | employees, whether there was physical harm or threats of | ||||||
| 17 | physical
harm to any
public official, public employee, judge, | ||||||
| 18 | prosecutor, juror or witness,
senior citizen, child, or person | ||||||
| 19 | with a disability, whether evidence shows that
during the | ||||||
| 20 | offense or during the arrest the defendant possessed or used a
| ||||||
| 21 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
| 22 | explosive
bomb device or any military or paramilitary armament,
| ||||||
| 23 | whether the evidence
shows that the offense committed was | ||||||
| 24 | related to or in furtherance of the
criminal activities of an | ||||||
| |||||||
| |||||||
| 1 | organized gang or was motivated by the defendant's
membership | ||||||
| 2 | in or allegiance to an organized gang,
the condition of the
| ||||||
| 3 | victim, any written statement submitted by the victim or | ||||||
| 4 | proffer or
representation by the State regarding the
impact | ||||||
| 5 | which the alleged criminal conduct has had on the victim and | ||||||
| 6 | the
victim's concern, if any, with further contact with the | ||||||
| 7 | defendant if
released on bail, whether the offense was based on | ||||||
| 8 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
| 9 | likelihood of the filing of a greater charge, the likelihood of
| ||||||
| 10 | conviction, the sentence applicable upon conviction, the | ||||||
| 11 | weight of the evidence
against such defendant, whether there | ||||||
| 12 | exists motivation or ability to
flee, whether there is any | ||||||
| 13 | verification as to prior residence, education,
or family ties | ||||||
| 14 | in the local jurisdiction, in another county,
state or foreign | ||||||
| 15 | country, the defendant's employment, financial resources,
| ||||||
| 16 | character and mental condition, past conduct, prior use of | ||||||
| 17 | alias names or
dates of birth, and length of residence in the | ||||||
| 18 | community,
the consent of the defendant to periodic drug | ||||||
| 19 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
| 20 | national defendant is lawfully admitted in the United
States of | ||||||
| 21 | America, whether the government of the foreign national
| ||||||
| 22 | maintains an extradition treaty with the United States by which | ||||||
| 23 | the foreign
government will extradite to the United States its | ||||||
| 24 | national for a trial for
a crime allegedly committed in the | ||||||
| 25 | United States, whether the defendant is
currently subject to | ||||||
| 26 | deportation or exclusion under the immigration laws of
the | ||||||
| |||||||
| |||||||
| 1 | United States, whether the defendant, although a United States | ||||||
| 2 | citizen,
is considered under the law of any foreign state a | ||||||
| 3 | national of that state
for the purposes of extradition or | ||||||
| 4 | non-extradition to the United States,
the amount of unrecovered | ||||||
| 5 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
| 6 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
| 7 | from the totality of the court's consideration,
the loss of | ||||||
| 8 | funds posted or sought to be posted for bail will not deter the
| ||||||
| 9 | defendant from flight, whether the evidence shows that the | ||||||
| 10 | defendant is
engaged in significant
possession, manufacture, | ||||||
| 11 | or delivery of a controlled substance or cannabis,
either | ||||||
| 12 | individually or in consort with others,
whether at the time of | ||||||
| 13 | the offense
charged he or she was on bond or pre-trial release | ||||||
| 14 | pending trial, probation,
periodic imprisonment or conditional | ||||||
| 15 | discharge pursuant to this Code or the
comparable Code of any | ||||||
| 16 | other state or federal jurisdiction, whether the
defendant is | ||||||
| 17 | on bond or
pre-trial release pending the imposition or | ||||||
| 18 | execution of sentence or appeal of
sentence for any offense | ||||||
| 19 | under the laws of Illinois or any other state or
federal | ||||||
| 20 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
| 21 | release, mandatory
supervised release, or
work release from the | ||||||
| 22 | Illinois Department of Corrections or Illinois Department of | ||||||
| 23 | Juvenile Justice or any penal
institution or corrections | ||||||
| 24 | department of any state or federal
jurisdiction, the | ||||||
| 25 | defendant's record of convictions, whether the defendant has | ||||||
| 26 | been
convicted of a misdemeanor or ordinance offense in | ||||||
| |||||||
| |||||||
| 1 | Illinois or similar
offense in other state or federal | ||||||
| 2 | jurisdiction within the 10 years
preceding the current charge | ||||||
| 3 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
| 4 | convicted of an offense in another state or federal
| ||||||
| 5 | jurisdiction that would
be a felony if committed in Illinois | ||||||
| 6 | within the 20 years preceding the
current charge or has been | ||||||
| 7 | convicted of such felony and released from the
penitentiary | ||||||
| 8 | within 20 years preceding the current charge if a
penitentiary | ||||||
| 9 | sentence was imposed in Illinois or other state or federal
| ||||||
| 10 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
| 11 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
| 12 | failure to appear by
the defendant at
court proceedings, | ||||||
| 13 | whether there was flight to avoid arrest or
prosecution, | ||||||
| 14 | whether the defendant escaped or
attempted to escape to avoid | ||||||
| 15 | arrest, whether the defendant refused to
identify himself or | ||||||
| 16 | herself, or whether there was a refusal by the defendant to be
| ||||||
| 17 | fingerprinted as required by law. Information used by the court | ||||||
| 18 | in its
findings or stated in or
offered in connection with this | ||||||
| 19 | Section may be by way of proffer based upon
reliable | ||||||
| 20 | information offered by the State or defendant.
All evidence | ||||||
| 21 | shall be admissible if it is relevant and
reliable regardless | ||||||
| 22 | of whether it would be admissible under the rules of
evidence | ||||||
| 23 | applicable at criminal trials.
If the State presents evidence | ||||||
| 24 | that the offense committed by the defendant
was related to or | ||||||
| 25 | in furtherance of the criminal activities of an organized
gang | ||||||
| 26 | or was motivated by the defendant's membership in or allegiance | ||||||
| |||||||
| |||||||
| 1 | to an
organized gang, and if the court determines that the | ||||||
| 2 | evidence may be
substantiated, the court shall prohibit the | ||||||
| 3 | defendant from associating with
other members of the organized | ||||||
| 4 | gang as a condition of bail or release.
For the purposes of | ||||||
| 5 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
| 6 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
| 7 | Prevention Act.
| ||||||
| 8 | (a-5) There shall be a presumption that any conditions of | ||||||
| 9 | release imposed shall be non-monetary in nature and the court | ||||||
| 10 | shall impose the least restrictive conditions or combination of | ||||||
| 11 | conditions necessary to reasonably assure the appearance of the | ||||||
| 12 | defendant for further court proceedings and protect the | ||||||
| 13 | integrity of
the judicial proceedings from a specific threat to | ||||||
| 14 | a witness or
participant. Conditions of release may include, | ||||||
| 15 | but not be limited to, electronic home monitoring, curfews, | ||||||
| 16 | drug counseling, stay-away orders, and in-person reporting. | ||||||
| 17 | The court shall consider the defendant's socio-economic | ||||||
| 18 | circumstance when setting conditions of release or imposing | ||||||
| 19 | monetary bail. | ||||||
| 20 | (b) The amount of bail shall be:
| ||||||
| 21 | (1) Sufficient to assure compliance with the | ||||||
| 22 | conditions set forth in the
bail bond, which shall include | ||||||
| 23 | the defendant's current address with a written
| ||||||
| 24 | admonishment to the defendant that he or she must comply | ||||||
| 25 | with the provisions of
Section 110-12 regarding any change | ||||||
| 26 | in his or her address. The defendant's
address shall at all | ||||||
| |||||||
| |||||||
| 1 | times remain a matter of public record with the clerk
of | ||||||
| 2 | the court.
| ||||||
| 3 | (2) Not oppressive.
| ||||||
| 4 | (3) Considerate of the financial ability of the | ||||||
| 5 | accused.
| ||||||
| 6 | (4) When a person is charged with a drug related | ||||||
| 7 | offense involving
possession or delivery of cannabis or | ||||||
| 8 | possession or delivery of a
controlled substance as defined | ||||||
| 9 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
| 10 | Substances Act, or the Methamphetamine Control and | ||||||
| 11 | Community Protection Act, the full street value
of the | ||||||
| 12 | drugs seized shall be considered. "Street value" shall be
| ||||||
| 13 | determined by the court on the basis of a proffer by the | ||||||
| 14 | State based upon
reliable information of a law enforcement | ||||||
| 15 | official contained in a written
report as to the amount | ||||||
| 16 | seized and such proffer may be used by the court as
to the | ||||||
| 17 | current street value of the smallest unit of the drug | ||||||
| 18 | seized.
| ||||||
| 19 | (b-5) Upon the filing of a written request demonstrating | ||||||
| 20 | reasonable cause, the State's Attorney may request a source of | ||||||
| 21 | bail hearing either before or after the posting of any funds.
| ||||||
| 22 | If the hearing is granted, before the posting of any bail, the | ||||||
| 23 | accused must file a written notice requesting that the court | ||||||
| 24 | conduct a source of bail hearing. The notice must be | ||||||
| 25 | accompanied by justifying affidavits stating the legitimate | ||||||
| 26 | and lawful source of funds for bail. At the hearing, the court | ||||||
| |||||||
| |||||||
| 1 | shall inquire into any matters stated in any justifying | ||||||
| 2 | affidavits, and may also inquire into matters appropriate to | ||||||
| 3 | the determination which shall include, but are not limited to, | ||||||
| 4 | the following: | ||||||
| 5 | (1) the background, character, reputation, and | ||||||
| 6 | relationship to the accused of any surety; and | ||||||
| 7 | (2) the source of any money or property deposited by | ||||||
| 8 | any surety, and whether any such money or property | ||||||
| 9 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
| 10 | (3) the source of any money posted as cash bail, and | ||||||
| 11 | whether any such money constitutes the fruits of criminal | ||||||
| 12 | or unlawful conduct; and | ||||||
| 13 | (4) the background, character, reputation, and | ||||||
| 14 | relationship to the accused of the person posting cash | ||||||
| 15 | bail. | ||||||
| 16 | Upon setting the hearing, the court shall examine, under | ||||||
| 17 | oath, any persons who may possess material information. | ||||||
| 18 | The State's Attorney has a right to attend the hearing, to | ||||||
| 19 | call witnesses and to examine any witness in the proceeding. | ||||||
| 20 | The court shall, upon request of the State's Attorney, continue | ||||||
| 21 | the proceedings for a reasonable period to allow the State's | ||||||
| 22 | Attorney to investigate the matter raised in any testimony or | ||||||
| 23 | affidavit.
If the hearing is granted after the accused has | ||||||
| 24 | posted bail, the court shall conduct a hearing consistent with | ||||||
| 25 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
| 26 | court must issue an order either approving or of disapproving | ||||||
| |||||||
| |||||||
| 1 | the bail.
| ||||||
| 2 | (c) When a person is charged with an offense punishable by | ||||||
| 3 | fine only the
amount of the bail shall not exceed double the | ||||||
| 4 | amount of the maximum penalty.
| ||||||
| 5 | (d) When a person has been convicted of an offense and only | ||||||
| 6 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
| 7 | double the amount of
the fine.
| ||||||
| 8 | (e) The State may appeal any order granting bail or setting
| ||||||
| 9 | a given amount for bail. | ||||||
| 10 | (f) When a person is charged with a violation of an order | ||||||
| 11 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
| 12 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
| 13 | charged with domestic battery, aggravated domestic battery, | ||||||
| 14 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
| 15 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
| 16 | cyberstalking, harassment by telephone, harassment through | ||||||
| 17 | electronic communications, or an attempt to commit first degree | ||||||
| 18 | murder committed against an intimate partner regardless | ||||||
| 19 | whether an order of protection has been issued against the | ||||||
| 20 | person, | ||||||
| 21 | (1) whether the alleged incident involved harassment | ||||||
| 22 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
| 23 | of 1986; | ||||||
| 24 | (2) whether the person has a history of domestic | ||||||
| 25 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
| 26 | or a history of other criminal acts; | ||||||
| |||||||
| |||||||
| 1 | (3) based on the mental health of the person; | ||||||
| 2 | (4) whether the person has a history of violating the | ||||||
| 3 | orders of any court or governmental entity; | ||||||
| 4 | (5) whether the person has been, or is, potentially a | ||||||
| 5 | threat to any other person; | ||||||
| 6 | (6) whether the person has access to deadly weapons or | ||||||
| 7 | a history of using deadly weapons; | ||||||
| 8 | (7) whether the person has a history of abusing alcohol | ||||||
| 9 | or any controlled substance; | ||||||
| 10 | (8) based on the severity of the alleged incident that | ||||||
| 11 | is the basis of the alleged offense, including, but not | ||||||
| 12 | limited to, the duration of the current incident, and | ||||||
| 13 | whether the alleged incident involved the use of a weapon, | ||||||
| 14 | physical injury, sexual assault, strangulation, abuse | ||||||
| 15 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
| 16 | forcible entry to gain access to the alleged victim; | ||||||
| 17 | (9) whether a separation of the person from the alleged | ||||||
| 18 | victim or a termination of the relationship between the | ||||||
| 19 | person and the alleged victim has recently occurred or is | ||||||
| 20 | pending; | ||||||
| 21 | (10) whether the person has exhibited obsessive or | ||||||
| 22 | controlling behaviors toward the alleged victim, | ||||||
| 23 | including, but not limited to, stalking, surveillance, or | ||||||
| 24 | isolation of the alleged victim or victim's family member | ||||||
| 25 | or members; | ||||||
| 26 | (11) whether the person has expressed suicidal or | ||||||
| |||||||
| |||||||
| 1 | homicidal ideations; | ||||||
| 2 | (12) based on any information contained in the | ||||||
| 3 | complaint and any police reports, affidavits, or other | ||||||
| 4 | documents accompanying the complaint, | ||||||
| 5 | the court may, in its discretion, order the respondent to | ||||||
| 6 | undergo a risk assessment evaluation using a recognized, | ||||||
| 7 | evidence-based instrument conducted by an Illinois Department | ||||||
| 8 | of Human Services approved partner abuse intervention program | ||||||
| 9 | provider, pretrial service, probation, or parole agency. These | ||||||
| 10 | agencies shall have access to summaries of the defendant's | ||||||
| 11 | criminal history, which shall not include victim interviews or | ||||||
| 12 | information, for the risk evaluation. Based on the information | ||||||
| 13 | collected from the 12 points to be considered at a bail hearing | ||||||
| 14 | under this subsection (f), the results of any risk evaluation | ||||||
| 15 | conducted and the other circumstances of the violation, the | ||||||
| 16 | court may order that the person, as a condition of bail, be | ||||||
| 17 | placed under electronic surveillance as provided in Section | ||||||
| 18 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
| 19 | determination whether or not to order the respondent to undergo | ||||||
| 20 | a risk assessment evaluation or to be placed under electronic | ||||||
| 21 | surveillance and risk assessment, the court shall document in | ||||||
| 22 | the record the court's reasons for making those determinations. | ||||||
| 23 | The cost of the electronic surveillance and risk assessment | ||||||
| 24 | shall be paid by, or on behalf, of the defendant. As used in | ||||||
| 25 | this subsection (f), "intimate partner" means a spouse or a | ||||||
| 26 | current or former partner in a cohabitation or dating | ||||||
| |||||||
| |||||||
| 1 | relationship.
| ||||||
| 2 | (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; revised | ||||||
| 3 | 7-12-19.)
| ||||||
| 4 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
| 5 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
| 6 | (a) When violation is crime. A violation of any protective | ||||||
| 7 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
| 8 | shall be
enforced by a
criminal court when:
| ||||||
| 9 | (1) The respondent commits the crime of violation of a | ||||||
| 10 | domestic violence order of
protection pursuant to Section | ||||||
| 11 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
| 12 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
| 13 | (i) remedies described in paragraphs (1), (2), | ||||||
| 14 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
| 15 | 112A-14 of this Code,
| ||||||
| 16 | (ii) a remedy, which is substantially similar to | ||||||
| 17 | the remedies
authorized
under paragraphs (1), (2), | ||||||
| 18 | (3), (14), or (14.5) of subsection (b) of Section 214
| ||||||
| 19 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
| 20 | valid order of protection,
which is authorized under | ||||||
| 21 | the laws of another state, tribe or United States
| ||||||
| 22 | territory, or
| ||||||
| 23 | (iii) or any other remedy when the act
constitutes | ||||||
| 24 | a crime against the protected parties as defined by the | ||||||
| 25 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
| |||||||
| |||||||
| 1 | Prosecution for a violation of a domestic violence | ||||||
| 2 | order of protection shall
not bar concurrent prosecution | ||||||
| 3 | for any other crime, including any crime
that may have been | ||||||
| 4 | committed at the time of the violation of the domestic | ||||||
| 5 | violence order
of protection; or
| ||||||
| 6 | (2) The respondent commits the crime of child abduction | ||||||
| 7 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
| 8 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
| 9 | (i) remedies described in paragraphs (5), (6), or | ||||||
| 10 | (8) of subsection
(b)
of
Section 112A-14 of this Code, | ||||||
| 11 | or
| ||||||
| 12 | (ii) a remedy, which is substantially similar to | ||||||
| 13 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
| 14 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
| 15 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
| 16 | domestic violence order of protection,
which is | ||||||
| 17 | authorized under the laws of another state, tribe or | ||||||
| 18 | United States
territory.
| ||||||
| 19 | (3) The respondent commits the crime of violation of a | ||||||
| 20 | civil no contact order when the respondent violates Section | ||||||
| 21 | 12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||||||
| 22 | violation of a civil no contact order shall not bar | ||||||
| 23 | concurrent prosecution for any other crime, including any | ||||||
| 24 | crime that may have been committed at the time of the | ||||||
| 25 | violation of the civil no contact order. | ||||||
| 26 | (4) The respondent commits the crime of violation of a | ||||||
| |||||||
| |||||||
| 1 | stalking no contact order when the respondent violates | ||||||
| 2 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
| 3 | for a violation of a stalking no contact order shall not | ||||||
| 4 | bar concurrent prosecution for any other crime, including | ||||||
| 5 | any crime that may have been committed at the time of the | ||||||
| 6 | violation of the stalking no contact order. | ||||||
| 7 | (b) When violation is contempt of court. A violation of any | ||||||
| 8 | valid protective order, whether issued in a civil or criminal
| ||||||
| 9 | proceeding, may be enforced through civil or criminal contempt | ||||||
| 10 | procedures,
as appropriate, by any court with jurisdiction, | ||||||
| 11 | regardless where the act or
acts which violated the protective | ||||||
| 12 | order were committed, to the extent
consistent with the venue | ||||||
| 13 | provisions of this Article. Nothing in this
Article shall | ||||||
| 14 | preclude any Illinois court from enforcing any valid protective | ||||||
| 15 | order issued in another state. Illinois courts may enforce | ||||||
| 16 | protective orders through both criminal prosecution and | ||||||
| 17 | contempt proceedings,
unless the action which is second in time | ||||||
| 18 | is barred by collateral estoppel
or the constitutional | ||||||
| 19 | prohibition against double jeopardy.
| ||||||
| 20 | (1) In a contempt proceeding where the petition for a | ||||||
| 21 | rule to show
cause sets forth facts evidencing an immediate | ||||||
| 22 | danger that the
respondent will flee the jurisdiction, | ||||||
| 23 | conceal a child, or inflict physical
abuse on the | ||||||
| 24 | petitioner or minor children or on dependent adults in
| ||||||
| 25 | petitioner's care, the court may order the
attachment of | ||||||
| 26 | the respondent without prior service of the rule to show
| ||||||
| |||||||
| |||||||
| 1 | cause or the petition for a rule to show cause. Bond shall | ||||||
| 2 | be set unless
specifically denied in writing.
| ||||||
| 3 | (2) A petition for a rule to show cause for violation | ||||||
| 4 | of a protective order shall be treated as an expedited | ||||||
| 5 | proceeding.
| ||||||
| 6 | (c) Violation of custody, allocation of parental | ||||||
| 7 | responsibility, or support orders. A violation of remedies
| ||||||
| 8 | described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||||||
| 9 | of Section
112A-14 of this Code may be enforced by any remedy | ||||||
| 10 | provided by Section 607.5 of
the Illinois Marriage and | ||||||
| 11 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
| 12 | for support issued under paragraph (12) of subsection (b)
of | ||||||
| 13 | Section 112A-14 of this Code in the manner provided for under | ||||||
| 14 | Parts
V and VII of the
Illinois Marriage and Dissolution of | ||||||
| 15 | Marriage Act.
| ||||||
| 16 | (d) Actual knowledge. A protective order may be
enforced | ||||||
| 17 | pursuant to this Section if the respondent violates the order
| ||||||
| 18 | after respondent has actual knowledge of its contents
as shown | ||||||
| 19 | through one of the following means:
| ||||||
| 20 | (1) (Blank).
| ||||||
| 21 | (2) (Blank).
| ||||||
| 22 | (3) By service of a protective order under subsection | ||||||
| 23 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||||||
| 24 | (4) By other means demonstrating actual knowledge of | ||||||
| 25 | the contents of the order.
| ||||||
| 26 | (e) The enforcement of a protective order in civil or | ||||||
| |||||||
| |||||||
| 1 | criminal court
shall not be affected by either of the | ||||||
| 2 | following:
| ||||||
| 3 | (1) The existence of a separate, correlative order | ||||||
| 4 | entered under Section
112A-15 of this Code.
| ||||||
| 5 | (2) Any finding or order entered in a conjoined | ||||||
| 6 | criminal proceeding.
| ||||||
| 7 | (f) Circumstances. The court, when determining whether or | ||||||
| 8 | not a
violation of a protective order has occurred, shall not | ||||||
| 9 | require
physical manifestations of abuse on the person of the | ||||||
| 10 | victim.
| ||||||
| 11 | (g) Penalties.
| ||||||
| 12 | (1) Except as provided in paragraph (3) of this
| ||||||
| 13 | subsection (g), where the court finds the commission of a | ||||||
| 14 | crime or contempt of
court under subsections (a) or (b) of | ||||||
| 15 | this Section, the penalty shall be
the penalty that | ||||||
| 16 | generally applies in such criminal or contempt
| ||||||
| 17 | proceedings, and may include one or more of the following: | ||||||
| 18 | incarceration,
payment of restitution, a fine, payment of | ||||||
| 19 | attorneys' fees and costs, or
community service.
| ||||||
| 20 | (2) The court shall hear and take into account evidence | ||||||
| 21 | of any factors
in aggravation or mitigation before deciding | ||||||
| 22 | an appropriate penalty under
paragraph (1) of this | ||||||
| 23 | subsection (g).
| ||||||
| 24 | (3) To the extent permitted by law, the court is | ||||||
| 25 | encouraged to:
| ||||||
| 26 | (i) increase the penalty for the knowing violation | ||||||
| |||||||
| |||||||
| 1 | of
any protective order over any penalty previously | ||||||
| 2 | imposed by any court
for respondent's violation of any | ||||||
| 3 | protective order or penal statute
involving petitioner | ||||||
| 4 | as victim and respondent as defendant;
| ||||||
| 5 | (ii) impose a minimum penalty of 24 hours | ||||||
| 6 | imprisonment for respondent's
first violation of any | ||||||
| 7 | protective order; and
| ||||||
| 8 | (iii) impose a minimum penalty of 48 hours | ||||||
| 9 | imprisonment for
respondent's second or subsequent | ||||||
| 10 | violation of a protective order | ||||||
| 11 | unless the court explicitly finds that an increased penalty | ||||||
| 12 | or that
period of imprisonment would be manifestly unjust.
| ||||||
| 13 | (4) In addition to any other penalties imposed for a | ||||||
| 14 | violation of a protective order, a criminal court may | ||||||
| 15 | consider evidence of any
violations of a protective order:
| ||||||
| 16 | (i) to increase, revoke, or modify the bail bond on | ||||||
| 17 | an underlying
criminal charge pursuant to Section | ||||||
| 18 | 110-6 of this Code;
| ||||||
| 19 | (ii) to revoke or modify an order of probation, | ||||||
| 20 | conditional discharge, or
supervision, pursuant to | ||||||
| 21 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
| 22 | (iii) to revoke or modify a sentence of periodic | ||||||
| 23 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
| 24 | Code of Corrections.
| ||||||
| 25 | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; | ||||||
| 26 | 100-597, eff. 6-29-18; revised 7-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 630. The Rights of Crime Victims and Witnesses Act | ||||||
| 2 | is amended by changing Section 4.5 as follows:
| ||||||
| 3 | (725 ILCS 120/4.5)
| ||||||
| 4 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
| 5 | victims. To afford
crime victims their rights, law enforcement, | ||||||
| 6 | prosecutors, judges, and
corrections will provide information, | ||||||
| 7 | as appropriate, of the following
procedures:
| ||||||
| 8 | (a) At the request of the crime victim, law enforcement | ||||||
| 9 | authorities
investigating the case shall provide notice of the | ||||||
| 10 | status of the investigation,
except where the State's Attorney | ||||||
| 11 | determines that disclosure of such
information would | ||||||
| 12 | unreasonably interfere with the investigation, until such
time | ||||||
| 13 | as the alleged assailant is apprehended or the investigation is | ||||||
| 14 | closed.
| ||||||
| 15 | (a-5) When law enforcement authorities reopen a closed case | ||||||
| 16 | to resume investigating, they shall provide notice of the | ||||||
| 17 | reopening of the case, except where the State's Attorney | ||||||
| 18 | determines that disclosure of such information would | ||||||
| 19 | unreasonably interfere with the investigation. | ||||||
| 20 | (b) The office of the State's Attorney:
| ||||||
| 21 | (1) shall provide notice of the filing of an | ||||||
| 22 | information, the return of an
indictment, or the
filing of | ||||||
| 23 | a petition to adjudicate a minor as a delinquent for a | ||||||
| 24 | violent
crime;
| ||||||
| |||||||
| |||||||
| 1 | (2) shall provide timely notice of the date, time, and | ||||||
| 2 | place of court proceedings; of any change in the date, | ||||||
| 3 | time, and place of court proceedings; and of any | ||||||
| 4 | cancellation of court proceedings. Notice shall be | ||||||
| 5 | provided in sufficient time, wherever possible, for the | ||||||
| 6 | victim to
make arrangements to attend or to prevent an | ||||||
| 7 | unnecessary appearance at court proceedings;
| ||||||
| 8 | (3) or victim advocate personnel shall provide | ||||||
| 9 | information of social
services and financial assistance | ||||||
| 10 | available for victims of crime, including
information of | ||||||
| 11 | how to apply for these services and assistance;
| ||||||
| 12 | (3.5) or victim advocate personnel shall provide | ||||||
| 13 | information about available victim services, including | ||||||
| 14 | referrals to programs, counselors, and agencies that | ||||||
| 15 | assist a victim to deal with trauma, loss, and grief; | ||||||
| 16 | (4) shall assist in having any stolen or other personal | ||||||
| 17 | property held by
law enforcement authorities for | ||||||
| 18 | evidentiary or other purposes returned as
expeditiously as | ||||||
| 19 | possible, pursuant to the procedures set out in Section | ||||||
| 20 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
| 21 | (5) or victim advocate personnel shall provide | ||||||
| 22 | appropriate employer
intercession services to ensure that | ||||||
| 23 | employers of victims will cooperate with
the criminal | ||||||
| 24 | justice system in order to minimize an employee's loss of | ||||||
| 25 | pay and
other benefits resulting from court appearances;
| ||||||
| 26 | (6) shall provide, whenever possible, a secure waiting
| ||||||
| |||||||
| |||||||
| 1 | area during court proceedings that does not require victims | ||||||
| 2 | to be in close
proximity to defendants or juveniles accused | ||||||
| 3 | of a violent crime, and their
families and friends;
| ||||||
| 4 | (7) shall provide notice to the crime victim of the | ||||||
| 5 | right to have a
translator present at all court proceedings | ||||||
| 6 | and, in compliance with the federal Americans
with | ||||||
| 7 | Disabilities Act of 1990, the right to communications | ||||||
| 8 | access through a
sign language interpreter or by other | ||||||
| 9 | means;
| ||||||
| 10 | (8) (blank);
| ||||||
| 11 | (8.5) shall inform the victim of the right to be | ||||||
| 12 | present at all court proceedings, unless the victim is to | ||||||
| 13 | testify and the court determines that the victim's | ||||||
| 14 | testimony would be materially affected if the victim hears | ||||||
| 15 | other testimony at trial; | ||||||
| 16 | (9) shall inform the victim of the right to have | ||||||
| 17 | present at all court
proceedings, subject to the rules of | ||||||
| 18 | evidence and confidentiality, an advocate and other | ||||||
| 19 | support
person of the victim's choice; | ||||||
| 20 | (9.3) shall inform the victim of the right to retain an | ||||||
| 21 | attorney, at the
victim's own expense, who, upon written | ||||||
| 22 | notice filed with the clerk of the
court and State's | ||||||
| 23 | Attorney, is to receive copies of all notices, motions, and
| ||||||
| 24 | court orders filed thereafter in the case, in the same | ||||||
| 25 | manner as if the victim
were a named party in the case;
| ||||||
| 26 | (9.5) shall inform the victim of (A) the victim's right | ||||||
| |||||||
| |||||||
| 1 | under Section 6 of this Act to make a statement at the | ||||||
| 2 | sentencing hearing; (B) the right of the victim's spouse, | ||||||
| 3 | guardian, parent, grandparent, and other immediate family | ||||||
| 4 | and household members under Section 6 of this Act to | ||||||
| 5 | present a statement at sentencing; and (C) if a presentence | ||||||
| 6 | report is to be prepared, the right of the victim's spouse, | ||||||
| 7 | guardian, parent, grandparent, and other immediate family | ||||||
| 8 | and household members to submit information to the preparer | ||||||
| 9 | of the presentence report about the effect the offense has | ||||||
| 10 | had on the victim and the person; | ||||||
| 11 | (10) at the sentencing shall make a good faith attempt | ||||||
| 12 | to explain
the minimum amount of time during which the | ||||||
| 13 | defendant may actually be
physically imprisoned. The | ||||||
| 14 | Office of the State's Attorney shall further notify
the | ||||||
| 15 | crime victim of the right to request from the Prisoner | ||||||
| 16 | Review Board
or Department of Juvenile Justice information | ||||||
| 17 | concerning the release of the defendant;
| ||||||
| 18 | (11) shall request restitution at sentencing and as | ||||||
| 19 | part of a plea agreement if the victim requests | ||||||
| 20 | restitution;
| ||||||
| 21 | (12) shall, upon the court entering a verdict of not | ||||||
| 22 | guilty by reason of insanity, inform the victim of the | ||||||
| 23 | notification services available from the Department of | ||||||
| 24 | Human Services, including the statewide telephone number, | ||||||
| 25 | under subparagraph (d)(2) of this Section;
| ||||||
| 26 | (13) shall provide notice within a reasonable time | ||||||
| |||||||
| |||||||
| 1 | after receipt of notice from
the custodian, of the release | ||||||
| 2 | of the defendant on bail or personal recognizance
or the | ||||||
| 3 | release from detention of a minor who has been detained;
| ||||||
| 4 | (14) shall explain in nontechnical language the | ||||||
| 5 | details of any plea or verdict of
a defendant, or any | ||||||
| 6 | adjudication of a juvenile as a delinquent;
| ||||||
| 7 | (15) shall make all reasonable efforts to consult with | ||||||
| 8 | the crime victim before the Office of
the State's Attorney | ||||||
| 9 | makes an offer of a plea bargain to the defendant or
enters | ||||||
| 10 | into negotiations with the defendant concerning a possible | ||||||
| 11 | plea
agreement, and shall consider the written statement, | ||||||
| 12 | if prepared
prior to entering into a plea agreement. The | ||||||
| 13 | right to consult with the prosecutor does not include the | ||||||
| 14 | right to veto a plea agreement or to insist the case go to | ||||||
| 15 | trial. If the State's Attorney has not consulted with the | ||||||
| 16 | victim prior to making an offer or entering into plea | ||||||
| 17 | negotiations with the defendant, the Office of the State's | ||||||
| 18 | Attorney shall notify the victim of the offer or the | ||||||
| 19 | negotiations within 2 business days and confer with the | ||||||
| 20 | victim;
| ||||||
| 21 | (16) shall provide notice of the ultimate disposition | ||||||
| 22 | of the cases arising from
an indictment or an information, | ||||||
| 23 | or a petition to have a juvenile adjudicated
as a | ||||||
| 24 | delinquent for a violent crime;
| ||||||
| 25 | (17) shall provide notice of any appeal taken by the | ||||||
| 26 | defendant and information
on how to contact the appropriate | ||||||
| |||||||
| |||||||
| 1 | agency handling the appeal, and how to request notice of | ||||||
| 2 | any hearing, oral argument, or decision of an appellate | ||||||
| 3 | court;
| ||||||
| 4 | (18) shall provide timely notice of any request for | ||||||
| 5 | post-conviction review filed by the
defendant under | ||||||
| 6 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
| 7 | of
the date, time and place of any hearing concerning the | ||||||
| 8 | petition. Whenever
possible, notice of the hearing shall be | ||||||
| 9 | given within 48 hours of the court's scheduling of the | ||||||
| 10 | hearing; and
| ||||||
| 11 | (19) shall forward a copy of any statement presented | ||||||
| 12 | under Section 6 to the
Prisoner Review Board or Department | ||||||
| 13 | of Juvenile Justice to be considered in making a | ||||||
| 14 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
| 15 | Section 3-3-8 of the Unified Code of Corrections.
| ||||||
| 16 | (c) The court shall ensure that the rights of the victim | ||||||
| 17 | are afforded. | ||||||
| 18 | (c-5) The following procedures shall be followed to afford | ||||||
| 19 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
| 20 | Illinois Constitution: | ||||||
| 21 | (1) Written notice. A victim may complete a written | ||||||
| 22 | notice of intent to assert rights on a form prepared by the | ||||||
| 23 | Office of the Attorney General and provided to the victim | ||||||
| 24 | by the State's Attorney. The victim may at any time provide | ||||||
| 25 | a revised written notice to the State's Attorney. The | ||||||
| 26 | State's Attorney shall file the written notice with the | ||||||
| |||||||
| |||||||
| 1 | court. At the beginning of any court proceeding in which | ||||||
| 2 | the right of a victim may be at issue, the court and | ||||||
| 3 | prosecutor shall review the written notice to determine | ||||||
| 4 | whether the victim has asserted the right that may be at | ||||||
| 5 | issue. | ||||||
| 6 | (2) Victim's retained attorney. A victim's attorney | ||||||
| 7 | shall file an entry of appearance limited to assertion of | ||||||
| 8 | the victim's rights. Upon the filing of the entry of | ||||||
| 9 | appearance and service on the State's Attorney and the | ||||||
| 10 | defendant, the attorney is to receive copies of all | ||||||
| 11 | notices, motions and court orders filed thereafter in the | ||||||
| 12 | case. | ||||||
| 13 | (3) Standing. The victim has standing to assert the | ||||||
| 14 | rights enumerated in subsection (a) of Article I, Section | ||||||
| 15 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
| 16 | under Section 4 of this Act in any court exercising | ||||||
| 17 | jurisdiction over the criminal case. The prosecuting | ||||||
| 18 | attorney, a victim, or the victim's retained attorney may | ||||||
| 19 | assert the victim's rights. The defendant in the criminal | ||||||
| 20 | case has no standing to assert a right of the victim in any | ||||||
| 21 | court proceeding, including on appeal. | ||||||
| 22 | (4) Assertion of and enforcement of rights. | ||||||
| 23 | (A) The prosecuting attorney shall assert a | ||||||
| 24 | victim's right or request enforcement of a right by | ||||||
| 25 | filing a motion or by orally asserting the right or | ||||||
| 26 | requesting enforcement in open court in the criminal | ||||||
| |||||||
| |||||||
| 1 | case outside the presence of the jury. The prosecuting | ||||||
| 2 | attorney shall consult with the victim and the victim's | ||||||
| 3 | attorney regarding the assertion or enforcement of a | ||||||
| 4 | right. If the prosecuting attorney decides not to | ||||||
| 5 | assert or enforce a victim's right, the prosecuting | ||||||
| 6 | attorney shall notify the victim or the victim's | ||||||
| 7 | attorney in sufficient time to allow the victim or the | ||||||
| 8 | victim's attorney to assert the right or to seek | ||||||
| 9 | enforcement of a right. | ||||||
| 10 | (B) If the prosecuting attorney elects not to | ||||||
| 11 | assert a victim's right or to seek enforcement of a | ||||||
| 12 | right, the victim or the victim's attorney may assert | ||||||
| 13 | the victim's right or request enforcement of a right by | ||||||
| 14 | filing a motion or by orally asserting the right or | ||||||
| 15 | requesting enforcement in open court in the criminal | ||||||
| 16 | case outside the presence of the jury. | ||||||
| 17 | (C) If the prosecuting attorney asserts a victim's | ||||||
| 18 | right or seeks enforcement of a right, and the court | ||||||
| 19 | denies the assertion of the right or denies the request | ||||||
| 20 | for enforcement of a right, the victim or victim's | ||||||
| 21 | attorney may file a motion to assert the victim's right | ||||||
| 22 | or to request enforcement of the right within 10 days | ||||||
| 23 | of the court's ruling. The motion need not demonstrate | ||||||
| 24 | the grounds for a motion for reconsideration. The court | ||||||
| 25 | shall rule on the merits of the motion. | ||||||
| 26 | (D) The court shall take up and decide any motion | ||||||
| |||||||
| |||||||
| 1 | or request asserting or seeking enforcement of a | ||||||
| 2 | victim's right without delay, unless a specific time | ||||||
| 3 | period is specified by law or court rule. The reasons | ||||||
| 4 | for any decision denying the motion or request shall be | ||||||
| 5 | clearly stated on the record. | ||||||
| 6 | (5) Violation of rights and remedies. | ||||||
| 7 | (A) If the court determines that a victim's right | ||||||
| 8 | has been violated, the court shall determine the | ||||||
| 9 | appropriate remedy for the violation of the victim's | ||||||
| 10 | right by hearing from the victim and the parties, | ||||||
| 11 | considering all factors relevant to the issue, and then | ||||||
| 12 | awarding appropriate relief to the victim. | ||||||
| 13 | (A-5) Consideration of an issue of a substantive | ||||||
| 14 | nature or an issue that implicates the constitutional | ||||||
| 15 | or statutory right of a victim at a court proceeding | ||||||
| 16 | labeled as a status hearing shall constitute a per se | ||||||
| 17 | violation of a victim's right. | ||||||
| 18 | (B) The appropriate remedy shall include only | ||||||
| 19 | actions necessary to provide the victim the right to | ||||||
| 20 | which the victim was entitled and may include reopening | ||||||
| 21 | previously held proceedings; however, in no event | ||||||
| 22 | shall the court vacate a conviction. Any remedy shall | ||||||
| 23 | be tailored to provide the victim an appropriate remedy | ||||||
| 24 | without violating any constitutional right of the | ||||||
| 25 | defendant. In no event shall the appropriate remedy be | ||||||
| 26 | a new trial, damages, or costs. | ||||||
| |||||||
| |||||||
| 1 | (6) Right to be heard. Whenever a victim has the right | ||||||
| 2 | to be heard, the court shall allow the victim to exercise | ||||||
| 3 | the right in any reasonable manner the victim chooses. | ||||||
| 4 | (7) Right to attend trial. A party must file a written | ||||||
| 5 | motion to exclude a victim from trial at least 60 days | ||||||
| 6 | prior to the date set for trial. The motion must state with | ||||||
| 7 | specificity the reason exclusion is necessary to protect a | ||||||
| 8 | constitutional right of the party, and must contain an | ||||||
| 9 | offer of proof. The court shall rule on the motion within | ||||||
| 10 | 30 days. If the motion is granted, the court shall set | ||||||
| 11 | forth on the record the facts that support its finding that | ||||||
| 12 | the victim's testimony will be materially affected if the | ||||||
| 13 | victim hears other testimony at trial. | ||||||
| 14 | (8) Right to have advocate and support person present | ||||||
| 15 | at court proceedings. | ||||||
| 16 | (A) A party who intends to call an advocate as a | ||||||
| 17 | witness at trial must seek permission of the court | ||||||
| 18 | before the subpoena is issued. The party must file a | ||||||
| 19 | written motion at least 90 days before trial that sets | ||||||
| 20 | forth specifically the issues on which the advocate's | ||||||
| 21 | testimony is sought and an offer of proof regarding (i) | ||||||
| 22 | the content of the anticipated testimony of the | ||||||
| 23 | advocate; and (ii) the relevance, admissibility, and | ||||||
| 24 | materiality of the anticipated testimony. The court | ||||||
| 25 | shall consider the motion and make findings within 30 | ||||||
| 26 | days of the filing of the motion. If the court finds by | ||||||
| |||||||
| |||||||
| 1 | a preponderance of the evidence that: (i) the | ||||||
| 2 | anticipated testimony is not protected by an absolute | ||||||
| 3 | privilege; and (ii) the anticipated testimony contains | ||||||
| 4 | relevant, admissible, and material evidence that is | ||||||
| 5 | not available through other witnesses or evidence, the | ||||||
| 6 | court shall issue a subpoena requiring the advocate to | ||||||
| 7 | appear to testify at an in camera hearing. The | ||||||
| 8 | prosecuting attorney and the victim shall have 15 days | ||||||
| 9 | to seek appellate review before the advocate is | ||||||
| 10 | required to testify at an ex parte in camera | ||||||
| 11 | proceeding. | ||||||
| 12 | The prosecuting attorney, the victim, and the | ||||||
| 13 | advocate's attorney shall be allowed to be present at | ||||||
| 14 | the ex parte in camera proceeding. If, after conducting | ||||||
| 15 | the ex parte in camera hearing, the court determines | ||||||
| 16 | that due process requires any testimony regarding | ||||||
| 17 | confidential or privileged information or | ||||||
| 18 | communications, the court shall provide to the | ||||||
| 19 | prosecuting attorney, the victim, and the advocate's | ||||||
| 20 | attorney a written memorandum on the substance of the | ||||||
| 21 | advocate's testimony. The prosecuting attorney, the | ||||||
| 22 | victim, and the advocate's attorney shall have 15 days | ||||||
| 23 | to seek appellate review before a subpoena may be | ||||||
| 24 | issued for the advocate to testify at trial. The | ||||||
| 25 | presence of the prosecuting attorney at the ex parte in | ||||||
| 26 | camera proceeding does not make the substance of the | ||||||
| |||||||
| |||||||
| 1 | advocate's testimony that the court has ruled | ||||||
| 2 | inadmissible subject to discovery. | ||||||
| 3 | (B) If a victim has asserted the right to have a | ||||||
| 4 | support person present at the court proceedings, the | ||||||
| 5 | victim shall provide the name of the person the victim | ||||||
| 6 | has chosen to be the victim's support person to the | ||||||
| 7 | prosecuting attorney, within 60 days of trial. The | ||||||
| 8 | prosecuting attorney shall provide the name to the | ||||||
| 9 | defendant. If the defendant intends to call the support | ||||||
| 10 | person as a witness at trial, the defendant must seek | ||||||
| 11 | permission of the court before a subpoena is issued. | ||||||
| 12 | The defendant must file a written motion at least 45 | ||||||
| 13 | days prior to trial that sets forth specifically the | ||||||
| 14 | issues on which the support person will testify and an | ||||||
| 15 | offer of proof regarding: (i) the content of the | ||||||
| 16 | anticipated testimony of the support person; and (ii) | ||||||
| 17 | the relevance, admissibility, and materiality of the | ||||||
| 18 | anticipated testimony. | ||||||
| 19 | If the prosecuting attorney intends to call the | ||||||
| 20 | support person as a witness during the State's | ||||||
| 21 | case-in-chief, the prosecuting attorney shall inform | ||||||
| 22 | the court of this intent in the response to the | ||||||
| 23 | defendant's written motion. The victim may choose a | ||||||
| 24 | different person to be the victim's support person. The | ||||||
| 25 | court may allow the defendant to inquire about matters | ||||||
| 26 | outside the scope of the direct examination during | ||||||
| |||||||
| |||||||
| 1 | cross-examination. If the court allows the defendant | ||||||
| 2 | to do so, the support person shall be allowed to remain | ||||||
| 3 | in the courtroom after the support person has | ||||||
| 4 | testified. A defendant who fails to question the | ||||||
| 5 | support person about matters outside the scope of | ||||||
| 6 | direct examination during the State's case-in-chief | ||||||
| 7 | waives the right to challenge the presence of the | ||||||
| 8 | support person on appeal. The court shall allow the | ||||||
| 9 | support person to testify if called as a witness in the | ||||||
| 10 | defendant's case-in-chief or the State's rebuttal. | ||||||
| 11 | If the court does not allow the defendant to | ||||||
| 12 | inquire about matters outside the scope of the direct | ||||||
| 13 | examination, the support person shall be allowed to | ||||||
| 14 | remain in the courtroom after the support person has | ||||||
| 15 | been called by the defendant or the defendant has | ||||||
| 16 | rested. The court shall allow the support person to | ||||||
| 17 | testify in the State's rebuttal. | ||||||
| 18 | If the prosecuting attorney does not intend to call | ||||||
| 19 | the support person in the State's case-in-chief, the | ||||||
| 20 | court shall verify with the support person whether the | ||||||
| 21 | support person, if called as a witness, would testify | ||||||
| 22 | as set forth in the offer of proof. If the court finds | ||||||
| 23 | that the support person would testify as set forth in | ||||||
| 24 | the offer of proof, the court shall rule on the | ||||||
| 25 | relevance, materiality, and admissibility of the | ||||||
| 26 | anticipated testimony. If the court rules the | ||||||
| |||||||
| |||||||
| 1 | anticipated testimony is admissible, the court shall | ||||||
| 2 | issue the subpoena. The support person may remain in | ||||||
| 3 | the courtroom after the support person testifies and | ||||||
| 4 | shall be allowed to testify in rebuttal. | ||||||
| 5 | If the court excludes the victim's support person | ||||||
| 6 | during the State's case-in-chief, the victim shall be | ||||||
| 7 | allowed to choose another support person to be present | ||||||
| 8 | in court. | ||||||
| 9 | If the victim fails to designate a support person | ||||||
| 10 | within 60 days of trial and the defendant has | ||||||
| 11 | subpoenaed the support person to testify at trial, the | ||||||
| 12 | court may exclude the support person from the trial | ||||||
| 13 | until the support person testifies. If the court | ||||||
| 14 | excludes the support person the victim may choose | ||||||
| 15 | another person as a support person. | ||||||
| 16 | (9) Right to notice and hearing before disclosure of | ||||||
| 17 | confidential or privileged information or records. A | ||||||
| 18 | defendant who seeks to subpoena records of or concerning | ||||||
| 19 | the victim that are confidential or privileged by law must | ||||||
| 20 | seek permission of the court before the subpoena is issued. | ||||||
| 21 | The defendant must file a written motion and an offer of | ||||||
| 22 | proof regarding the relevance, admissibility and | ||||||
| 23 | materiality of the records. If the court finds by a | ||||||
| 24 | preponderance of the evidence that: (A) the records are not | ||||||
| 25 | protected by an absolute privilege and (B) the records | ||||||
| 26 | contain relevant, admissible, and material evidence that | ||||||
| |||||||
| |||||||
| 1 | is not available through other witnesses or evidence, the | ||||||
| 2 | court shall issue a subpoena requiring a sealed copy of the | ||||||
| 3 | records be delivered to the court to be reviewed in camera. | ||||||
| 4 | If, after conducting an in camera review of the records, | ||||||
| 5 | the court determines that due process requires disclosure | ||||||
| 6 | of any portion of the records, the court shall provide | ||||||
| 7 | copies of what it intends to disclose to the prosecuting | ||||||
| 8 | attorney and the victim. The prosecuting attorney and the | ||||||
| 9 | victim shall have 30 days to seek appellate review before | ||||||
| 10 | the records are disclosed to the defendant. The disclosure | ||||||
| 11 | of copies of any portion of the records to the prosecuting | ||||||
| 12 | attorney does not make the records subject to discovery. | ||||||
| 13 | (10) Right to notice of court proceedings. If the | ||||||
| 14 | victim is not present at a court proceeding in which a | ||||||
| 15 | right of the victim is at issue, the court shall ask the | ||||||
| 16 | prosecuting attorney whether the victim was notified of the | ||||||
| 17 | time, place, and purpose of the court proceeding and that | ||||||
| 18 | the victim had a right to be heard at the court proceeding. | ||||||
| 19 | If the court determines that timely notice was not given or | ||||||
| 20 | that the victim was not adequately informed of the nature | ||||||
| 21 | of the court proceeding, the court shall not rule on any | ||||||
| 22 | substantive issues, accept a plea, or impose a sentence and | ||||||
| 23 | shall continue the hearing for the time necessary to notify | ||||||
| 24 | the victim of the time, place and nature of the court | ||||||
| 25 | proceeding. The time between court proceedings shall not be | ||||||
| 26 | attributable to the State under Section 103-5 of the Code | ||||||
| |||||||
| |||||||
| 1 | of Criminal Procedure of 1963. | ||||||
| 2 | (11) Right to timely disposition of the case. A victim | ||||||
| 3 | has the right to timely disposition of the case so as to | ||||||
| 4 | minimize the stress, cost, and inconvenience resulting | ||||||
| 5 | from the victim's involvement in the case. Before ruling on | ||||||
| 6 | a motion to continue trial or other court proceeding, the | ||||||
| 7 | court shall inquire into the circumstances for the request | ||||||
| 8 | for the delay and, if the victim has provided written | ||||||
| 9 | notice of the assertion of the right to a timely | ||||||
| 10 | disposition, and whether the victim objects to the delay. | ||||||
| 11 | If the victim objects, the prosecutor shall inform the | ||||||
| 12 | court of the victim's objections. If the prosecutor has not | ||||||
| 13 | conferred with the victim about the continuance, the | ||||||
| 14 | prosecutor shall inform the court of the attempts to | ||||||
| 15 | confer. If the court finds the attempts of the prosecutor | ||||||
| 16 | to confer with the victim were inadequate to protect the | ||||||
| 17 | victim's right to be heard, the court shall give the | ||||||
| 18 | prosecutor at least 3 but not more than 5 business days to | ||||||
| 19 | confer with the victim. In ruling on a motion to continue, | ||||||
| 20 | the court shall consider the reasons for the requested | ||||||
| 21 | continuance, the number and length of continuances that | ||||||
| 22 | have been granted, the victim's objections and procedures | ||||||
| 23 | to avoid further delays. If a continuance is granted over | ||||||
| 24 | the victim's objection, the court shall specify on the | ||||||
| 25 | record the reasons for the continuance and the procedures | ||||||
| 26 | that have been or will be taken to avoid further delays. | ||||||
| |||||||
| |||||||
| 1 | (12) Right to Restitution. | ||||||
| 2 | (A) If the victim has asserted the right to | ||||||
| 3 | restitution and the amount of restitution is known at | ||||||
| 4 | the time of sentencing, the court shall enter the | ||||||
| 5 | judgment of restitution at the time of sentencing. | ||||||
| 6 | (B) If the victim has asserted the right to | ||||||
| 7 | restitution and the amount of restitution is not known | ||||||
| 8 | at the time of sentencing, the prosecutor shall, within | ||||||
| 9 | 5 days after sentencing, notify the victim what | ||||||
| 10 | information and documentation related to restitution | ||||||
| 11 | is needed and that the information and documentation | ||||||
| 12 | must be provided to the prosecutor within 45 days after | ||||||
| 13 | sentencing. Failure to timely provide information and | ||||||
| 14 | documentation related to restitution shall be deemed a | ||||||
| 15 | waiver of the right to restitution. The prosecutor | ||||||
| 16 | shall file and serve within 60 days after sentencing a | ||||||
| 17 | proposed judgment for restitution and a notice that | ||||||
| 18 | includes information concerning the identity of any | ||||||
| 19 | victims or other persons seeking restitution, whether | ||||||
| 20 | any victim or other person expressly declines | ||||||
| 21 | restitution, the nature and amount of any damages | ||||||
| 22 | together with any supporting documentation, a | ||||||
| 23 | restitution amount recommendation, and the names of | ||||||
| 24 | any co-defendants and their case numbers. Within 30 | ||||||
| 25 | days after receipt of the proposed judgment for | ||||||
| 26 | restitution, the defendant shall file any objection to | ||||||
| |||||||
| |||||||
| 1 | the proposed judgment, a statement of grounds for the | ||||||
| 2 | objection, and a financial statement. If the defendant | ||||||
| 3 | does not file an objection, the court may enter the | ||||||
| 4 | judgment for restitution without further proceedings. | ||||||
| 5 | If the defendant files an objection and either party | ||||||
| 6 | requests a hearing, the court shall schedule a hearing. | ||||||
| 7 | (13) Access to presentence reports. | ||||||
| 8 | (A) The victim may request a copy of the | ||||||
| 9 | presentence report prepared under the Unified Code of | ||||||
| 10 | Corrections from the State's Attorney. The State's | ||||||
| 11 | Attorney shall redact the following information before | ||||||
| 12 | providing a copy of the report: | ||||||
| 13 | (i) the defendant's mental history and | ||||||
| 14 | condition; | ||||||
| 15 | (ii) any evaluation prepared under subsection | ||||||
| 16 | (b) or (b-5) of Section 5-3-2; and | ||||||
| 17 | (iii) the name, address, phone number, and | ||||||
| 18 | other personal information about any other victim. | ||||||
| 19 | (B) The State's Attorney or the defendant may | ||||||
| 20 | request the court redact other information in the | ||||||
| 21 | report that may endanger the safety of any person. | ||||||
| 22 | (C) The State's Attorney may orally disclose to the | ||||||
| 23 | victim any of the information that has been redacted if | ||||||
| 24 | there is a reasonable likelihood that the information | ||||||
| 25 | will be stated in court at the sentencing. | ||||||
| 26 | (D) The State's Attorney must advise the victim | ||||||
| |||||||
| |||||||
| 1 | that the victim must maintain the confidentiality of | ||||||
| 2 | the report and other information. Any dissemination of | ||||||
| 3 | the report or information that was not stated at a | ||||||
| 4 | court proceeding constitutes indirect criminal | ||||||
| 5 | contempt of court. | ||||||
| 6 | (14) Appellate relief. If the trial court denies the | ||||||
| 7 | relief requested, the victim, the victim's attorney, or the | ||||||
| 8 | prosecuting attorney may file an appeal within 30 days of | ||||||
| 9 | the trial court's ruling. The trial or appellate court may | ||||||
| 10 | stay the court proceedings if the court finds that a stay | ||||||
| 11 | would not violate a constitutional right of the defendant. | ||||||
| 12 | If the appellate court denies the relief sought, the | ||||||
| 13 | reasons for the denial shall be clearly stated in a written | ||||||
| 14 | opinion. In any appeal in a criminal case, the State may | ||||||
| 15 | assert as error the court's denial of any crime victim's | ||||||
| 16 | right in the proceeding to which the appeal relates. | ||||||
| 17 | (15) Limitation on appellate relief. In no case shall | ||||||
| 18 | an appellate court provide a new trial to remedy the | ||||||
| 19 | violation of a victim's right. | ||||||
| 20 | (16) The right to be reasonably protected from the | ||||||
| 21 | accused throughout the criminal justice process and the | ||||||
| 22 | right to have the safety of the victim and the victim's | ||||||
| 23 | family considered in denying or fixing the amount of bail, | ||||||
| 24 | determining whether to release the defendant, and setting | ||||||
| 25 | conditions of release after arrest and conviction. A victim | ||||||
| 26 | of domestic violence, a sexual offense, or stalking may | ||||||
| |||||||
| |||||||
| 1 | request the entry of a protective order under Article 112A | ||||||
| 2 | of the Code of Criminal Procedure of 1963. | ||||||
| 3 | (d) Procedures after the imposition of sentence. | ||||||
| 4 | (1) The Prisoner Review Board shall inform a victim or | ||||||
| 5 | any other
concerned citizen, upon written request, of the | ||||||
| 6 | prisoner's release on parole,
mandatory supervised | ||||||
| 7 | release, electronic detention, work release, international | ||||||
| 8 | transfer or exchange, or by the
custodian, other than the | ||||||
| 9 | Department of Juvenile Justice, of the discharge of any | ||||||
| 10 | individual who was adjudicated a delinquent
for a crime | ||||||
| 11 | from State custody and by the sheriff of the appropriate
| ||||||
| 12 | county of any such person's final discharge from county | ||||||
| 13 | custody.
The Prisoner Review Board, upon written request, | ||||||
| 14 | shall provide to a victim or
any other concerned citizen a | ||||||
| 15 | recent photograph of any person convicted of a
felony, upon | ||||||
| 16 | his or her release from custody.
The Prisoner
Review Board, | ||||||
| 17 | upon written request, shall inform a victim or any other
| ||||||
| 18 | concerned citizen when feasible at least 7 days prior to | ||||||
| 19 | the prisoner's release
on furlough of the times and dates | ||||||
| 20 | of such furlough. Upon written request by
the victim or any | ||||||
| 21 | other concerned citizen, the State's Attorney shall notify
| ||||||
| 22 | the person once of the times and dates of release of a | ||||||
| 23 | prisoner sentenced to
periodic imprisonment. Notification | ||||||
| 24 | shall be based on the most recent
information as to | ||||||
| 25 | victim's or other concerned citizen's residence or other
| ||||||
| 26 | location available to the notifying authority.
| ||||||
| |||||||
| |||||||
| 1 | (2) When the defendant has been committed to the | ||||||
| 2 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
| 3 | any other
provision of the Unified Code of Corrections, the | ||||||
| 4 | victim may request to be
notified by the releasing | ||||||
| 5 | authority of the approval by the court of an on-grounds | ||||||
| 6 | pass, a supervised off-grounds pass, an unsupervised | ||||||
| 7 | off-grounds pass, or conditional release; the release on an | ||||||
| 8 | off-grounds pass; the return from an off-grounds pass; | ||||||
| 9 | transfer to another facility; conditional release; escape; | ||||||
| 10 | death; or final discharge from State
custody. The | ||||||
| 11 | Department of Human Services shall establish and maintain a | ||||||
| 12 | statewide telephone number to be used by victims to make | ||||||
| 13 | notification requests under these provisions and shall | ||||||
| 14 | publicize this telephone number on its website and to the | ||||||
| 15 | State's Attorney of each county.
| ||||||
| 16 | (3) In the event of an escape from State custody, the | ||||||
| 17 | Department of
Corrections or the Department of Juvenile | ||||||
| 18 | Justice immediately shall notify the Prisoner Review Board | ||||||
| 19 | of the escape
and the Prisoner Review Board shall notify | ||||||
| 20 | the victim. The notification shall
be based upon the most | ||||||
| 21 | recent information as to the victim's residence or other
| ||||||
| 22 | location available to the Board. When no such information | ||||||
| 23 | is available, the
Board shall make all reasonable efforts | ||||||
| 24 | to obtain the information and make
the notification. When | ||||||
| 25 | the escapee is apprehended, the Department of
Corrections | ||||||
| 26 | or the Department of Juvenile Justice immediately shall | ||||||
| |||||||
| |||||||
| 1 | notify the Prisoner Review Board and the Board
shall notify | ||||||
| 2 | the victim.
| ||||||
| 3 | (4) The victim of the crime for which the prisoner has | ||||||
| 4 | been sentenced
has the right to register with the Prisoner | ||||||
| 5 | Review Board's victim registry. Victims registered with | ||||||
| 6 | the Board shall receive reasonable written notice not less | ||||||
| 7 | than 30 days prior to the
parole hearing or target | ||||||
| 8 | aftercare release date. The victim has the right to submit | ||||||
| 9 | a victim statement for consideration by the Prisoner Review | ||||||
| 10 | Board or the Department of Juvenile Justice in writing, on | ||||||
| 11 | film, videotape, or other electronic means, or in the form | ||||||
| 12 | of a recording prior to the parole hearing or target | ||||||
| 13 | aftercare release date, or in person at the parole hearing | ||||||
| 14 | or aftercare release protest hearing, or by calling the | ||||||
| 15 | toll-free number established in subsection (f) of this | ||||||
| 16 | Section., The
victim shall be notified within 7 days after | ||||||
| 17 | the prisoner has been granted
parole or aftercare release | ||||||
| 18 | and shall be informed of the right to inspect the registry | ||||||
| 19 | of parole
decisions, established under subsection (g) of | ||||||
| 20 | Section 3-3-5 of the Unified
Code of Corrections. The | ||||||
| 21 | provisions of this paragraph (4) are subject to the
Open | ||||||
| 22 | Parole Hearings Act. Victim statements provided to the | ||||||
| 23 | Board shall be confidential and privileged, including any | ||||||
| 24 | statements received prior to January 1, 2020 (the effective | ||||||
| 25 | date of Public Act 101-288) this amendatory Act of the | ||||||
| 26 | 101st General Assembly, except if the statement was an oral | ||||||
| |||||||
| |||||||
| 1 | statement made by the victim at a hearing open to the | ||||||
| 2 | public.
| ||||||
| 3 | (4-1) The crime victim has the right to submit a victim | ||||||
| 4 | statement for consideration by the Prisoner Review Board or | ||||||
| 5 | the Department of Juvenile Justice prior to or at a hearing | ||||||
| 6 | to determine the conditions of mandatory supervised | ||||||
| 7 | release of a person sentenced to a determinate sentence or | ||||||
| 8 | at a hearing on revocation of mandatory supervised release | ||||||
| 9 | of a person sentenced to a determinate sentence. A victim | ||||||
| 10 | statement may be submitted in writing, on film, videotape, | ||||||
| 11 | or other electronic means, or in the form of a recording, | ||||||
| 12 | or orally at a hearing, or by calling the toll-free number | ||||||
| 13 | established in subsection (f) of this Section. Victim | ||||||
| 14 | statements provided to the Board shall be confidential and | ||||||
| 15 | privileged, including any statements received prior to | ||||||
| 16 | January 1, 2020 (the effective date of Public Act 101-288) | ||||||
| 17 | this amendatory Act of the 101st General Assembly, except | ||||||
| 18 | if the statement was an oral statement made by the victim | ||||||
| 19 | at a hearing open to the public. | ||||||
| 20 | (4-2) The crime victim has the right to submit a victim | ||||||
| 21 | statement to the Prisoner Review Board for consideration at | ||||||
| 22 | an executive clemency hearing as provided in Section 3-3-13 | ||||||
| 23 | of the Unified Code of Corrections. A victim statement may | ||||||
| 24 | be submitted in writing, on film, videotape, or other | ||||||
| 25 | electronic means, or in the form of a recording prior to a | ||||||
| 26 | hearing, or orally at a hearing, or by calling the | ||||||
| |||||||
| |||||||
| 1 | toll-free number established in subsection (f) of this | ||||||
| 2 | Section. Victim statements provided to the Board shall be | ||||||
| 3 | confidential and privileged, including any statements | ||||||
| 4 | received prior to January 1, 2020 (the effective date of | ||||||
| 5 | Public Act 101-288) this amendatory Act of the 101st | ||||||
| 6 | General Assembly, except if the statement was an oral | ||||||
| 7 | statement made by the victim at a hearing open to the | ||||||
| 8 | public. | ||||||
| 9 | (5) If a statement is presented under Section 6, the | ||||||
| 10 | Prisoner Review Board or Department of Juvenile Justice
| ||||||
| 11 | shall inform the victim of any order of discharge pursuant
| ||||||
| 12 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
| 13 | Corrections.
| ||||||
| 14 | (6) At the written or oral request of the victim of the | ||||||
| 15 | crime for which the
prisoner was sentenced or the State's | ||||||
| 16 | Attorney of the county where the person seeking parole or | ||||||
| 17 | aftercare release was prosecuted, the Prisoner Review | ||||||
| 18 | Board or Department of Juvenile Justice shall notify the | ||||||
| 19 | victim and the State's Attorney of the county where the | ||||||
| 20 | person seeking parole or aftercare release was prosecuted | ||||||
| 21 | of
the death of the prisoner if the prisoner died while on | ||||||
| 22 | parole or aftercare release or mandatory
supervised | ||||||
| 23 | release.
| ||||||
| 24 | (7) When a defendant who has been committed to the | ||||||
| 25 | Department of
Corrections, the Department of Juvenile | ||||||
| 26 | Justice, or the Department of Human Services is released or | ||||||
| |||||||
| |||||||
| 1 | discharged and
subsequently committed to the Department of | ||||||
| 2 | Human Services as a sexually
violent person and the victim | ||||||
| 3 | had requested to be notified by the releasing
authority of | ||||||
| 4 | the defendant's discharge, conditional release, death, or | ||||||
| 5 | escape from State custody, the releasing
authority shall | ||||||
| 6 | provide to the Department of Human Services such | ||||||
| 7 | information
that would allow the Department of Human | ||||||
| 8 | Services to contact the victim.
| ||||||
| 9 | (8) When a defendant has been convicted of a sex | ||||||
| 10 | offense as defined in Section 2 of the Sex Offender | ||||||
| 11 | Registration Act and has been sentenced to the Department | ||||||
| 12 | of Corrections or the Department of Juvenile Justice, the | ||||||
| 13 | Prisoner Review Board or the Department of Juvenile Justice | ||||||
| 14 | shall notify the victim of the sex offense of the | ||||||
| 15 | prisoner's eligibility for release on parole, aftercare | ||||||
| 16 | release,
mandatory supervised release, electronic | ||||||
| 17 | detention, work release, international transfer or | ||||||
| 18 | exchange, or by the
custodian of the discharge of any | ||||||
| 19 | individual who was adjudicated a delinquent
for a sex | ||||||
| 20 | offense from State custody and by the sheriff of the | ||||||
| 21 | appropriate
county of any such person's final discharge | ||||||
| 22 | from county custody. The notification shall be made to the | ||||||
| 23 | victim at least 30 days, whenever possible, before release | ||||||
| 24 | of the sex offender. | ||||||
| 25 | (e) The officials named in this Section may satisfy some or | ||||||
| 26 | all of their
obligations to provide notices and other | ||||||
| |||||||
| |||||||
| 1 | information through participation in a
statewide victim and | ||||||
| 2 | witness notification system established by the Attorney
| ||||||
| 3 | General under Section 8.5 of this Act.
| ||||||
| 4 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
| 5 | number that may be accessed by the crime victim to present a | ||||||
| 6 | victim statement to the Board in accordance with paragraphs | ||||||
| 7 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
| 8 | (Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; | ||||||
| 9 | 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
| ||||||
| 10 | Section 635. The Unified Code of Corrections is amended by | ||||||
| 11 | setting forth and renumbering multiple versions of Sections | ||||||
| 12 | 3-2-2.3 and by changing Sections 3-2.5-20, 3-8-5, 3-14-1, | ||||||
| 13 | 5-2-4, 5-3-2, 5-5-3.2, and 5-6-3 as follows:
| ||||||
| 14 | (730 ILCS 5/3-2-2.3) | ||||||
| 15 | Sec. 3-2-2.3. Voting rights information. | ||||||
| 16 | (a) The Department shall make available to a person in its | ||||||
| 17 | custody current resource materials, maintained by the Illinois | ||||||
| 18 | State Board of Elections, containing detailed information | ||||||
| 19 | regarding the voting rights of a person with a criminal | ||||||
| 20 | conviction in the following formats: | ||||||
| 21 | (1) in print; | ||||||
| 22 | (2) on the Department's website; and | ||||||
| 23 | (3) in a visible location on the premises of each | ||||||
| 24 | Department facility where notices are customarily posted. | ||||||
| |||||||
| |||||||
| 1 | (b) The current resource materials described under | ||||||
| 2 | subsection (a) shall be provided upon release of a person on | ||||||
| 3 | parole, mandatory supervised release, final discharge, or | ||||||
| 4 | pardon from the Department.
| ||||||
| 5 | (Source: P.A. 101-442, eff. 1-1-20.)
| ||||||
| 6 | (730 ILCS 5/3-2-2.4)
| ||||||
| 7 | (Section scheduled to be repealed on January 1, 2022) | ||||||
| 8 | Sec. 3-2-2.4 3-2-2.3. Tamms Minimum Security Unit Task | ||||||
| 9 | Force. | ||||||
| 10 | (a) The Tamms Minimum Security Unit Task Force is created | ||||||
| 11 | to study using the Tamms Minimum Security Unit as a vocational | ||||||
| 12 | training facility for the Department of Corrections. The | ||||||
| 13 | membership of the Task Force shall include: | ||||||
| 14 | (1) one member to serve as chair, appointed by the | ||||||
| 15 | Lieutenant Governor; | ||||||
| 16 | (2) one member of the House of Representatives
| ||||||
| 17 | appointed by the Speaker of the House of Representatives; | ||||||
| 18 | (3) one member of the House of Representatives
| ||||||
| 19 | appointed by the Minority Leader of the House of
| ||||||
| 20 | Representatives; | ||||||
| 21 | (4) one member of the Senate appointed by the Senate
| ||||||
| 22 | President; | ||||||
| 23 | (5) one member of the Senate appointed by the Senate
| ||||||
| 24 | Minority Leader; | ||||||
| 25 | (6) the Director of Corrections or his or her designee; | ||||||
| |||||||
| |||||||
| 1 | (7) one member of a labor organization representing a | ||||||
| 2 | plurality of Department of Corrections employees; | ||||||
| 3 | (8) one member representing Shawnee Community College,
| ||||||
| 4 | appointed by the President of Shawnee Community College; | ||||||
| 5 | (9) one member representing Southern Illinois
| ||||||
| 6 | University, appointed by the President of Southern
| ||||||
| 7 | Illinois University; | ||||||
| 8 | (10) the mayor of Tamms, Illinois; and | ||||||
| 9 | (11) one member representing Alexander County,
| ||||||
| 10 | appointed by the Chairman of the Alexander County Board. | ||||||
| 11 | (b) Each member of the Task Force shall serve without | ||||||
| 12 | compensation. The members of the Task Force shall select a | ||||||
| 13 | Chairperson. The Task Force shall meet 2 times per year or at | ||||||
| 14 | the call of the Chairperson. The Department of Corrections | ||||||
| 15 | shall provide administrative support to the Task Force. | ||||||
| 16 | (c) The Task Force shall submit a report to the Governor | ||||||
| 17 | and the General Assembly on or before December 31, 2020 with | ||||||
| 18 | its recommendations. The Task Force is dissolved on January 1, | ||||||
| 19 | 2021. | ||||||
| 20 | (d) This Section is repealed on January 1, 2022.
| ||||||
| 21 | (Source: P.A. 101-449, eff. 1-1-20; revised 10-23-19.)
| ||||||
| 22 | (730 ILCS 5/3-2.5-20)
| ||||||
| 23 | Sec. 3-2.5-20. General powers and duties. | ||||||
| 24 | (a) In addition to the powers, duties, and responsibilities | ||||||
| 25 | which are otherwise provided by law or transferred to the | ||||||
| |||||||
| |||||||
| 1 | Department as a result of this Article, the Department, as | ||||||
| 2 | determined by the Director, shall have, but is are not limited | ||||||
| 3 | to, the following rights, powers, functions, and duties: | ||||||
| 4 | (1) To accept juveniles committed to it by the courts | ||||||
| 5 | of this State for care, custody, treatment, and | ||||||
| 6 | rehabilitation. | ||||||
| 7 | (2) To maintain and administer all State juvenile | ||||||
| 8 | correctional institutions previously under the control of | ||||||
| 9 | the Juvenile and Women's & Children Divisions of the | ||||||
| 10 | Department of Corrections, and to establish and maintain | ||||||
| 11 | institutions as needed to meet the needs of the youth | ||||||
| 12 | committed to its care. | ||||||
| 13 | (3) To identify the need for and recommend the funding | ||||||
| 14 | and implementation of an appropriate mix of programs and | ||||||
| 15 | services within the juvenile justice continuum, including, | ||||||
| 16 | but not limited to, prevention, nonresidential and | ||||||
| 17 | residential commitment programs, day treatment, and | ||||||
| 18 | conditional release programs and services, with the | ||||||
| 19 | support of educational, vocational, alcohol, drug abuse, | ||||||
| 20 | and mental health services where appropriate. | ||||||
| 21 | (3.5) To assist youth committed to the Department of | ||||||
| 22 | Juvenile Justice under the Juvenile Court Act of 1987 with | ||||||
| 23 | successful reintegration into society, the Department | ||||||
| 24 | shall retain custody and control of all adjudicated | ||||||
| 25 | delinquent juveniles released under Section 3-2.5-85 or | ||||||
| 26 | 3-3-10 of this Code, shall provide a continuum of | ||||||
| |||||||
| |||||||
| 1 | post-release treatment and services to those youth, and | ||||||
| 2 | shall supervise those youth during their release period in | ||||||
| 3 | accordance with the conditions set by the Department or the | ||||||
| 4 | Prisoner Review Board. | ||||||
| 5 | (4) To establish and provide transitional and | ||||||
| 6 | post-release treatment programs for juveniles committed to | ||||||
| 7 | the Department. Services shall include, but are not limited | ||||||
| 8 | to: | ||||||
| 9 | (i) family and individual counseling and treatment | ||||||
| 10 | placement; | ||||||
| 11 | (ii) referral services to any other State or local | ||||||
| 12 | agencies; | ||||||
| 13 | (iii) mental health services; | ||||||
| 14 | (iv) educational services; | ||||||
| 15 | (v) family counseling services; and | ||||||
| 16 | (vi) substance abuse services. | ||||||
| 17 | (5) To access vital records of juveniles for the | ||||||
| 18 | purposes of providing necessary documentation for | ||||||
| 19 | transitional services such as obtaining identification, | ||||||
| 20 | educational enrollment, employment, and housing. | ||||||
| 21 | (6) To develop staffing and workload standards and | ||||||
| 22 | coordinate staff development and training appropriate for | ||||||
| 23 | juvenile populations. | ||||||
| 24 | (6.5) To develop policies and procedures promoting | ||||||
| 25 | family engagement and visitation appropriate for juvenile | ||||||
| 26 | populations. | ||||||
| |||||||
| |||||||
| 1 | (7) To develop, with the approval of the Office of the | ||||||
| 2 | Governor and the Governor's Office of Management and | ||||||
| 3 | Budget, annual budget requests.
| ||||||
| 4 | (8) To administer the Interstate Compact for | ||||||
| 5 | Juveniles, with respect to all juveniles under its | ||||||
| 6 | jurisdiction, and to cooperate with the Department of Human | ||||||
| 7 | Services with regard to all non-offender juveniles subject | ||||||
| 8 | to the Interstate Compact for Juveniles. | ||||||
| 9 | (9) To decide the date of release on aftercare for | ||||||
| 10 | youth committed to the Department under Section 5-750 of | ||||||
| 11 | the Juvenile Court Act of 1987. | ||||||
| 12 | (10) To set conditions of aftercare release for all | ||||||
| 13 | youth committed to the Department under the Juvenile Court | ||||||
| 14 | Act of 1987.
| ||||||
| 15 | (b) The Department may employ personnel in accordance with | ||||||
| 16 | the Personnel Code and Section 3-2.5-15 of this Code, provide | ||||||
| 17 | facilities, contract for goods and services, and adopt rules as | ||||||
| 18 | necessary to carry out its functions and purposes, all in | ||||||
| 19 | accordance with applicable State and federal law.
| ||||||
| 20 | (c) On and after the date 6 months after August 16, 2013 | ||||||
| 21 | (the effective date of Public Act 98-488), as provided in the | ||||||
| 22 | Executive Order 1 (2012) Implementation Act, all of the powers, | ||||||
| 23 | duties, rights, and responsibilities related to State | ||||||
| 24 | healthcare purchasing under this Code that were transferred | ||||||
| 25 | from the Department of Corrections to the Department of | ||||||
| 26 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
| |||||||
| |||||||
| 1 | transferred back to the Department of Corrections; however, | ||||||
| 2 | powers, duties, rights, and responsibilities related to State | ||||||
| 3 | healthcare purchasing under this Code that were exercised by | ||||||
| 4 | the Department of Corrections before the effective date of | ||||||
| 5 | Executive Order 3 (2005) but that pertain to individuals | ||||||
| 6 | resident in facilities operated by the Department of Juvenile | ||||||
| 7 | Justice are transferred to the Department of Juvenile Justice. | ||||||
| 8 | (Source: P.A. 101-219, eff. 1-1-20; revised 9-24-19.)
| ||||||
| 9 | (730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
| ||||||
| 10 | Sec. 3-8-5. Transfer to Department of Human Services.
| ||||||
| 11 | (a) The Department shall cause inquiry and examination at
| ||||||
| 12 | periodic intervals to ascertain whether any person committed to | ||||||
| 13 | it may be
subject to involuntary admission, as defined in | ||||||
| 14 | Section 1-119 of the Mental
Health and Developmental | ||||||
| 15 | Disabilities Code, or meets the standard for judicial
admission | ||||||
| 16 | as defined in Section 4-500 of the Mental Health and | ||||||
| 17 | Developmental
Disabilities Code, or is an intoxicated person or | ||||||
| 18 | a person with a substance use disorder as defined in the | ||||||
| 19 | Substance Use Disorder Act. The Department may provide special | ||||||
| 20 | psychiatric or psychological
or other counseling or treatment | ||||||
| 21 | to such persons in a separate institution
within the | ||||||
| 22 | Department, or the Director of the Department of Corrections
| ||||||
| 23 | may transfer such persons other than intoxicated
persons or | ||||||
| 24 | persons with substance use disorders to the Department of Human | ||||||
| 25 | Services for observation, diagnosis and treatment, subject
to | ||||||
| |||||||
| |||||||
| 1 | the approval
of the Secretary Director of the Department of | ||||||
| 2 | Human Services, for a period of not more than 6 months, if the | ||||||
| 3 | person
consents in writing to the transfer. The person shall be | ||||||
| 4 | advised of his
right not to consent, and if he does not | ||||||
| 5 | consent, such transfer may be
effected only by commitment under | ||||||
| 6 | paragraphs (c) and (d) of this Section.
| ||||||
| 7 | (b) The person's spouse, guardian, or nearest relative and | ||||||
| 8 | his attorney
of record shall be advised of their right to | ||||||
| 9 | object, and if objection is
made, such transfer may be effected | ||||||
| 10 | only by commitment under paragraph (c)
of this Section. Notices | ||||||
| 11 | of such transfer shall be mailed to such person's
spouse, | ||||||
| 12 | guardian, or nearest relative and to the attorney of record | ||||||
| 13 | marked
for delivery to addressee only at his last known address | ||||||
| 14 | by certified mail
with return receipt requested together with | ||||||
| 15 | written notification of the
manner and time within which he may | ||||||
| 16 | object thereto.
| ||||||
| 17 | (c) If a committed person does not consent to his transfer | ||||||
| 18 | to the Department
of Human Services or if a
person objects | ||||||
| 19 | under
paragraph (b) of this Section, or if the Department of | ||||||
| 20 | Human Services determines that a transferred
person requires
| ||||||
| 21 | commitment to the Department of Human Services
for more than 6 | ||||||
| 22 | months, or if the person's sentence will expire within 6
| ||||||
| 23 | months, the Director of the Department of Corrections shall | ||||||
| 24 | file a petition
in the circuit court of the county in which the | ||||||
| 25 | correctional institution
or facility is located requesting the | ||||||
| 26 | transfer of such person to the
Department of Human Services. A | ||||||
| |||||||
| |||||||
| 1 | certificate
of a psychiatrist, a clinical psychologist, or, if
| ||||||
| 2 | admission to a developmental disability facility is sought, of | ||||||
| 3 | a
physician that the person is in need of commitment to the
| ||||||
| 4 | Department of Human Services for treatment
or habilitation | ||||||
| 5 | shall be attached to the petition. Copies of the
petition shall | ||||||
| 6 | be furnished to the named person and to the state's
attorneys | ||||||
| 7 | of the county in which the correctional institution or facility
| ||||||
| 8 | is located and the county in which the named person was | ||||||
| 9 | committed to the
Department of Corrections.
| ||||||
| 10 | (d) The court shall set a date for a hearing on the | ||||||
| 11 | petition within the
time limit set forth in the Mental Health | ||||||
| 12 | and Developmental Disabilities
Code. The hearing shall be | ||||||
| 13 | conducted in the manner prescribed by the Mental
Health and | ||||||
| 14 | Developmental Disabilities Code. If the person is found to be
| ||||||
| 15 | in need of commitment to the Department of Human Services for | ||||||
| 16 | treatment or habilitation, the
court may commit him to
that | ||||||
| 17 | Department.
| ||||||
| 18 | (e) Nothing in this Section shall limit the right of the | ||||||
| 19 | Director or the
chief administrative officer of any institution | ||||||
| 20 | or facility to utilize the
emergency admission provisions of | ||||||
| 21 | the Mental Health and Developmental
Disabilities Code with | ||||||
| 22 | respect to any person in his custody or care. The
transfer of a | ||||||
| 23 | person to an institution or facility of the Department of Human
| ||||||
| 24 | Services under paragraph (a)
of this Section does not discharge | ||||||
| 25 | the person from the control of the
Department.
| ||||||
| 26 | (Source: P.A. 100-759, eff. 1-1-19; revised 7-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
| 2 | Sec. 3-14-1. Release from the institution.
| ||||||
| 3 | (a) Upon release of a person on parole, mandatory release, | ||||||
| 4 | final
discharge or pardon the Department shall return all | ||||||
| 5 | property held for
him, provide him with suitable clothing and | ||||||
| 6 | procure necessary
transportation for him to his designated | ||||||
| 7 | place of residence and
employment. It may provide such person | ||||||
| 8 | with a grant of money for travel and
expenses which may be paid | ||||||
| 9 | in installments. The amount of the money grant
shall be | ||||||
| 10 | determined by the Department.
| ||||||
| 11 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
| 12 | person, as defined in Section 3-1-2 of this Code, is discharged | ||||||
| 13 | from the Department, provide him or her with any documents | ||||||
| 14 | necessary after discharge. | ||||||
| 15 | (a-2) The Department of Corrections may establish and | ||||||
| 16 | maintain, in any institution
it administers, revolving funds to | ||||||
| 17 | be known as "Travel and Allowances Revolving
Funds". These | ||||||
| 18 | revolving funds shall be used for advancing travel and expense
| ||||||
| 19 | allowances to committed, paroled, and discharged prisoners. | ||||||
| 20 | The moneys
paid into such revolving funds shall be from | ||||||
| 21 | appropriations to the Department
for Committed, Paroled, and | ||||||
| 22 | Discharged Prisoners.
| ||||||
| 23 | (a-3) Upon release of a person who is eligible to vote on | ||||||
| 24 | parole, mandatory release, final discharge, or pardon, the | ||||||
| 25 | Department shall provide the person with a form that informs | ||||||
| |||||||
| |||||||
| 1 | him or her that his or her voting rights have been restored and | ||||||
| 2 | a voter registration application. The Department shall have | ||||||
| 3 | available voter registration applications in the languages | ||||||
| 4 | provided by the Illinois State Board of Elections. The form | ||||||
| 5 | that informs the person that his or her rights have been | ||||||
| 6 | restored shall include the following information: | ||||||
| 7 | (1) All voting rights are restored upon release from | ||||||
| 8 | the Department's custody. | ||||||
| 9 | (2) A person who is eligible to vote must register in | ||||||
| 10 | order to be able to vote. | ||||||
| 11 | The Department of Corrections shall confirm that the person | ||||||
| 12 | received the voter registration application and has been | ||||||
| 13 | informed that his or her voting rights have been restored. | ||||||
| 14 | (a-4) (a-3) Prior to release of a person on parole, | ||||||
| 15 | mandatory supervised release, final discharge, or pardon, the | ||||||
| 16 | Department shall screen every person for Medicaid eligibility. | ||||||
| 17 | Officials of the correctional institution or facility where the | ||||||
| 18 | committed person is assigned shall assist an eligible person to | ||||||
| 19 | complete a Medicaid application to ensure that the person | ||||||
| 20 | begins receiving benefits as soon as possible after his or her | ||||||
| 21 | release. The application must include the eligible person's | ||||||
| 22 | address associated with his or her residence upon release from | ||||||
| 23 | the facility. If the residence is temporary, the eligible | ||||||
| 24 | person must notify the Department of Human Services of his or | ||||||
| 25 | her change in address upon transition to permanent housing. | ||||||
| 26 | (b) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (c) Except as otherwise provided in this Code, the | ||||||
| 2 | Department shall
establish procedures to provide written | ||||||
| 3 | notification of any release of any
person who has been | ||||||
| 4 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
| 5 | the county from which the offender was committed, and the
| ||||||
| 6 | State's Attorney and sheriff of the county into which the | ||||||
| 7 | offender is to be
paroled or released. Except as otherwise | ||||||
| 8 | provided in this Code, the
Department shall establish | ||||||
| 9 | procedures to provide written notification to
the proper law | ||||||
| 10 | enforcement agency for any municipality of any release of any
| ||||||
| 11 | person who has been convicted of a felony if the arrest of the | ||||||
| 12 | offender or the
commission of the offense took place in the | ||||||
| 13 | municipality, if the offender is to
be paroled or released into | ||||||
| 14 | the municipality, or if the offender resided in the
| ||||||
| 15 | municipality at the time of the commission of the offense. If a | ||||||
| 16 | person
convicted of a felony who is in the custody of the | ||||||
| 17 | Department of Corrections or
on parole or mandatory supervised | ||||||
| 18 | release informs the Department that he or she
has resided, | ||||||
| 19 | resides, or will
reside at an address that is a housing | ||||||
| 20 | facility owned, managed,
operated, or leased by a public | ||||||
| 21 | housing agency, the Department must send
written notification | ||||||
| 22 | of that information to the public housing agency that
owns, | ||||||
| 23 | manages, operates, or leases the housing facility. The written
| ||||||
| 24 | notification shall, when possible, be given at least 14 days | ||||||
| 25 | before release of
the person from custody, or as soon | ||||||
| 26 | thereafter as possible. The written notification shall be | ||||||
| |||||||
| |||||||
| 1 | provided electronically if the State's Attorney, sheriff, | ||||||
| 2 | proper law enforcement agency, or public housing agency has | ||||||
| 3 | provided the Department with an accurate and up to date email | ||||||
| 4 | address.
| ||||||
| 5 | (c-1) (Blank). | ||||||
| 6 | (c-2) The Department shall establish procedures to provide | ||||||
| 7 | notice to the Department of State Police of the release or | ||||||
| 8 | discharge of persons convicted of violations of the | ||||||
| 9 | Methamphetamine Control and Community
Protection Act or a | ||||||
| 10 | violation of the Methamphetamine Precursor Control Act. The | ||||||
| 11 | Department of State Police shall make this information | ||||||
| 12 | available to local, State, or federal law enforcement agencies | ||||||
| 13 | upon request. | ||||||
| 14 | (c-5) If a person on parole or mandatory supervised release | ||||||
| 15 | becomes a resident of a facility licensed or regulated by the | ||||||
| 16 | Department of Public Health, the Illinois Department of Public | ||||||
| 17 | Aid, or the Illinois Department of Human Services, the | ||||||
| 18 | Department of Corrections shall provide copies of the following | ||||||
| 19 | information to the appropriate licensing or regulating | ||||||
| 20 | Department and the licensed or regulated facility where the | ||||||
| 21 | person becomes a resident: | ||||||
| 22 | (1) The mittimus and any pre-sentence investigation | ||||||
| 23 | reports. | ||||||
| 24 | (2) The social evaluation prepared pursuant to Section | ||||||
| 25 | 3-8-2. | ||||||
| 26 | (3) Any pre-release evaluation conducted pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsection (j) of Section 3-6-2. | ||||||
| 2 | (4) Reports of disciplinary infractions and | ||||||
| 3 | dispositions. | ||||||
| 4 | (5) Any parole plan, including orders issued by the | ||||||
| 5 | Prisoner Review Board, and any violation reports and | ||||||
| 6 | dispositions. | ||||||
| 7 | (6) The name and contact information for the assigned | ||||||
| 8 | parole agent and parole supervisor.
| ||||||
| 9 | This information shall be provided within 3 days of the | ||||||
| 10 | person becoming a resident of the facility.
| ||||||
| 11 | (c-10) If a person on parole or mandatory supervised | ||||||
| 12 | release becomes a resident of a facility licensed or regulated | ||||||
| 13 | by the Department of Public Health, the Illinois Department of | ||||||
| 14 | Public Aid, or the Illinois Department of Human Services, the | ||||||
| 15 | Department of Corrections shall provide written notification | ||||||
| 16 | of such residence to the following: | ||||||
| 17 | (1) The Prisoner Review Board. | ||||||
| 18 | (2) The
chief of police and sheriff in the municipality | ||||||
| 19 | and county in which the licensed facility is located. | ||||||
| 20 | The notification shall be provided within 3 days of the | ||||||
| 21 | person becoming a resident of the facility.
| ||||||
| 22 | (d) Upon the release of a committed person on parole, | ||||||
| 23 | mandatory
supervised release, final discharge or pardon, the | ||||||
| 24 | Department shall provide
such person with information | ||||||
| 25 | concerning programs and services of the
Illinois Department of | ||||||
| 26 | Public Health to ascertain whether such person has
been exposed | ||||||
| |||||||
| |||||||
| 1 | to the human immunodeficiency virus (HIV) or any identified
| ||||||
| 2 | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| ||||||
| 3 | (e) Upon the release of a committed person on parole, | ||||||
| 4 | mandatory supervised
release, final discharge, pardon, or who | ||||||
| 5 | has been wrongfully imprisoned, the Department shall verify the | ||||||
| 6 | released person's full name, date of birth, and social security | ||||||
| 7 | number. If verification is made by the Department by obtaining | ||||||
| 8 | a certified copy of the released person's birth certificate and | ||||||
| 9 | the released person's social security card or other documents | ||||||
| 10 | authorized by the Secretary, the Department shall provide the | ||||||
| 11 | birth certificate and social security card or other documents | ||||||
| 12 | authorized by the Secretary to the released person. If | ||||||
| 13 | verification by the Department is done by means other than | ||||||
| 14 | obtaining a certified copy of the released person's birth | ||||||
| 15 | certificate and the released person's social security card or | ||||||
| 16 | other documents authorized by the Secretary, the Department | ||||||
| 17 | shall complete a verification form, prescribed by the Secretary | ||||||
| 18 | of State, and shall provide that verification form to the | ||||||
| 19 | released person.
| ||||||
| 20 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
| 21 | person committed to the custody of the Department of | ||||||
| 22 | Corrections, the Department shall give the person who is | ||||||
| 23 | otherwise uninsured an opportunity to apply for health care | ||||||
| 24 | coverage including medical assistance under Article V of the | ||||||
| 25 | Illinois Public Aid Code in accordance with subsection (b) of | ||||||
| 26 | Section 1-8.5 of the Illinois Public Aid Code, and the | ||||||
| |||||||
| |||||||
| 1 | Department of Corrections shall provide assistance with | ||||||
| 2 | completion of the application for health care coverage | ||||||
| 3 | including medical assistance. The Department may adopt rules to | ||||||
| 4 | implement this Section. | ||||||
| 5 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
| 6 | revised 9-9-19.)
| ||||||
| 7 | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| ||||||
| 8 | Sec. 5-2-4. Proceedings after acquittal by reason of | ||||||
| 9 | insanity.
| ||||||
| 10 | (a) After a finding or verdict of not guilty by reason of | ||||||
| 11 | insanity
under Sections 104-25, 115-3, or 115-4 of the Code of | ||||||
| 12 | Criminal Procedure
of 1963, the defendant shall be ordered to | ||||||
| 13 | the Department of Human Services for
an evaluation as to
| ||||||
| 14 | whether he is in need of mental health
services. The order
| ||||||
| 15 | shall specify whether the evaluation shall be conducted on an | ||||||
| 16 | inpatient or
outpatient basis. If the evaluation is to be | ||||||
| 17 | conducted on an inpatient
basis, the defendant shall be placed | ||||||
| 18 | in a secure setting. With the court order for evaluation shall | ||||||
| 19 | be sent a copy of the arrest report, criminal charges, arrest | ||||||
| 20 | record, jail record, any report prepared under Section 115-6 of | ||||||
| 21 | the Code of Criminal Procedure of 1963, and any statement | ||||||
| 22 | prepared under Section 6 of the Rights of Crime Victims and | ||||||
| 23 | Witnesses Act. The clerk of the circuit court shall transmit | ||||||
| 24 | this information to the Department within 5 days. If the court | ||||||
| 25 | orders that the evaluation be done on an inpatient basis, the | ||||||
| |||||||
| |||||||
| 1 | Department shall evaluate the defendant to determine to which | ||||||
| 2 | secure facility the defendant shall be transported and, within | ||||||
| 3 | 20 days of the transmittal by the clerk of the circuit court of | ||||||
| 4 | the placement court order, notify the sheriff of the designated | ||||||
| 5 | facility. Upon receipt of that notice, the sheriff shall | ||||||
| 6 | promptly transport the defendant to the designated facility. | ||||||
| 7 | During
the period of time required to
determine the appropriate | ||||||
| 8 | placement, the defendant shall
remain in jail. If, within 20 | ||||||
| 9 | days of the transmittal by the clerk of the circuit court of | ||||||
| 10 | the placement court order, the Department fails to notify the | ||||||
| 11 | sheriff of the identity of the facility to which the defendant | ||||||
| 12 | shall be transported, the sheriff shall contact a designated | ||||||
| 13 | person within the Department to inquire about when a placement | ||||||
| 14 | will become available at the designated facility and bed | ||||||
| 15 | availability at other facilities. If, within
20 days of the | ||||||
| 16 | transmittal by the clerk of the circuit court of the placement | ||||||
| 17 | court order, the Department
fails to notify the sheriff of the | ||||||
| 18 | identity of the facility to
which the defendant shall be | ||||||
| 19 | transported, the sheriff shall
notify the Department of its | ||||||
| 20 | intent to transfer the defendant to the nearest secure mental | ||||||
| 21 | health facility operated by the Department and inquire as to | ||||||
| 22 | the status of the placement evaluation and availability for | ||||||
| 23 | admission to the facility operated by the Department by | ||||||
| 24 | contacting a designated person within the Department. The | ||||||
| 25 | Department shall respond to the sheriff within 2 business days | ||||||
| 26 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
| |||||||
| |||||||
| 1 | and the Department shall provide the sheriff with the status of | ||||||
| 2 | the placement evaluation, information on bed and placement | ||||||
| 3 | availability, and an estimated date of admission for the | ||||||
| 4 | defendant and any changes to that estimated date of admission. | ||||||
| 5 | If the Department notifies the sheriff during the 2 business | ||||||
| 6 | day period of a facility operated by the Department with | ||||||
| 7 | placement availability, the sheriff shall promptly transport | ||||||
| 8 | the defendant to that facility.
Individualized placement | ||||||
| 9 | evaluations by the Department of Human Services determine the | ||||||
| 10 | most appropriate setting for forensic treatment based upon a | ||||||
| 11 | number of factors including mental health diagnosis, proximity | ||||||
| 12 | to surviving victims, security need, age, gender, and proximity | ||||||
| 13 | to family.
| ||||||
| 14 | The Department shall provide the Court with a report of its | ||||||
| 15 | evaluation
within 30 days of the date of this order. The Court | ||||||
| 16 | shall hold a hearing
as provided under the Mental Health and | ||||||
| 17 | Developmental Disabilities Code to
determine if the individual | ||||||
| 18 | is:
(a)
in need of mental health services on an inpatient | ||||||
| 19 | basis; (b) in
need of
mental health services on an outpatient | ||||||
| 20 | basis; (c) a person not in
need of
mental health services. The | ||||||
| 21 | court shall afford the victim the opportunity to make a written | ||||||
| 22 | or oral statement as guaranteed by Article I, Section 8.1 of | ||||||
| 23 | the Illinois Constitution and Section 6 of the Rights of Crime | ||||||
| 24 | Victims and Witnesses Act. The court shall allow a victim to | ||||||
| 25 | make an oral statement if the victim is present in the | ||||||
| 26 | courtroom and requests to make an oral statement. An oral | ||||||
| |||||||
| |||||||
| 1 | statement includes the victim or a representative of the victim | ||||||
| 2 | reading the written statement. The court may allow persons | ||||||
| 3 | impacted by the crime who are not victims under subsection (a) | ||||||
| 4 | of Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
| 5 | to present an oral or written statement. A victim and any | ||||||
| 6 | person making an oral statement shall not be put under oath or | ||||||
| 7 | subject to cross-examination. The court shall consider any | ||||||
| 8 | statement presented along with all other appropriate factors in | ||||||
| 9 | determining the sentence of the defendant or disposition of the | ||||||
| 10 | juvenile. All statements shall become part of the record of the | ||||||
| 11 | court.
| ||||||
| 12 | If the defendant is found to be in
need
of mental health | ||||||
| 13 | services on an inpatient care basis, the Court shall order the
| ||||||
| 14 | defendant to the Department of Human Services.
The defendant | ||||||
| 15 | shall be placed in a secure setting. Such
defendants placed in | ||||||
| 16 | a secure setting shall not be permitted outside the
facility's | ||||||
| 17 | housing unit unless escorted or accompanied by personnel of the
| ||||||
| 18 | Department of Human Services or with the prior approval of the | ||||||
| 19 | Court for
unsupervised
on-grounds privileges as provided
| ||||||
| 20 | herein.
Any defendant placed in a secure setting pursuant to | ||||||
| 21 | this Section,
transported to court hearings or other necessary | ||||||
| 22 | appointments
off facility grounds
by personnel of
the | ||||||
| 23 | Department of Human Services, shall be
placed in security | ||||||
| 24 | devices
or otherwise secured during the period of | ||||||
| 25 | transportation to assure
secure transport of the defendant and | ||||||
| 26 | the safety of Department
of Human Services personnel and | ||||||
| |||||||
| |||||||
| 1 | others. These security measures
shall not constitute restraint | ||||||
| 2 | as defined in the Mental Health and
Developmental Disabilities | ||||||
| 3 | Code.
If the defendant is found to be in need of mental health | ||||||
| 4 | services,
but not on an inpatient care basis, the Court shall | ||||||
| 5 | conditionally release
the defendant, under such conditions as | ||||||
| 6 | set forth in this Section as will
reasonably assure the | ||||||
| 7 | defendant's satisfactory progress and participation
in | ||||||
| 8 | treatment or
rehabilitation and the safety of the defendant, | ||||||
| 9 | the victim, the victim's family members, and others. If the
| ||||||
| 10 | Court
finds the person not in need of mental health services, | ||||||
| 11 | then the Court
shall order the defendant discharged from | ||||||
| 12 | custody.
| ||||||
| 13 | (a-1) Definitions. For the purposes of this Section:
| ||||||
| 14 | (A) (Blank).
| ||||||
| 15 | (B) "In need of mental health services on an inpatient | ||||||
| 16 | basis" means: a
defendant who has been found not guilty by | ||||||
| 17 | reason of insanity but who, due to mental illness, is
| ||||||
| 18 | reasonably expected to inflict
serious physical harm upon | ||||||
| 19 | himself or another and who would benefit from
inpatient | ||||||
| 20 | care or is in need of inpatient care.
| ||||||
| 21 | (C) "In need of mental health services on an outpatient | ||||||
| 22 | basis" means:
a defendant who has been found not guilty by | ||||||
| 23 | reason of insanity who is not in need of mental health | ||||||
| 24 | services on
an inpatient basis, but is in need of | ||||||
| 25 | outpatient care, drug and/or alcohol
rehabilitation | ||||||
| 26 | programs, community adjustment programs, individual, | ||||||
| |||||||
| |||||||
| 1 | group,
or family therapy, or chemotherapy.
| ||||||
| 2 | (D) "Conditional Release" means: the release from | ||||||
| 3 | either the custody
of the Department of Human Services
or | ||||||
| 4 | the custody of the Court of a person who has been found not | ||||||
| 5 | guilty by
reason of insanity under such conditions as the | ||||||
| 6 | Court may impose which
reasonably assure the defendant's | ||||||
| 7 | satisfactory progress in
treatment or habilitation and the | ||||||
| 8 | safety of the defendant, the victim, the victim's family, | ||||||
| 9 | and others. The
Court shall consider such terms and | ||||||
| 10 | conditions which may include, but need
not be limited to, | ||||||
| 11 | outpatient care, alcoholic and drug rehabilitation | ||||||
| 12 | programs,
community adjustment programs, individual, | ||||||
| 13 | group, family, and chemotherapy,
random testing to ensure | ||||||
| 14 | the defendant's timely and continuous taking of any
| ||||||
| 15 | medicines prescribed
to control or manage his or her | ||||||
| 16 | conduct or mental state, and
periodic checks with the legal | ||||||
| 17 | authorities and/or the Department of Human
Services.
The | ||||||
| 18 | Court may order as a condition of conditional release that | ||||||
| 19 | the
defendant not contact the victim of the offense that
| ||||||
| 20 | resulted in the finding or
verdict of not guilty by reason | ||||||
| 21 | of insanity or any other person. The Court may
order the
| ||||||
| 22 | Department of
Human Services to provide care to any
person | ||||||
| 23 | conditionally released under this Section. The Department | ||||||
| 24 | may contract
with any public or private agency in order to | ||||||
| 25 | discharge any responsibilities
imposed under this Section. | ||||||
| 26 | The Department shall monitor the provision of
services to | ||||||
| |||||||
| |||||||
| 1 | persons conditionally released under this Section and | ||||||
| 2 | provide
periodic reports to the Court concerning the | ||||||
| 3 | services and the condition of the
defendant.
Whenever a | ||||||
| 4 | person is conditionally released pursuant to this Section, | ||||||
| 5 | the
State's Attorney for the county in which the hearing is | ||||||
| 6 | held shall designate in
writing the name, telephone number, | ||||||
| 7 | and address of a person employed by him or
her who
shall be | ||||||
| 8 | notified in the event that either the reporting agency or | ||||||
| 9 | the
Department decides that the conditional release of the | ||||||
| 10 | defendant should be
revoked or modified pursuant to | ||||||
| 11 | subsection (i) of this Section. Such
conditional release | ||||||
| 12 | shall be for
a period of five years. However, the | ||||||
| 13 | defendant, the person or
facility
rendering the treatment, | ||||||
| 14 | therapy, program or outpatient care, the
Department, or the
| ||||||
| 15 | State's Attorney may petition the Court for an extension of
| ||||||
| 16 | the conditional
release period for an additional 5 years. | ||||||
| 17 | Upon receipt of such a
petition, the Court shall hold a | ||||||
| 18 | hearing consistent with the provisions of
paragraph (a), | ||||||
| 19 | this paragraph (a-1),
and paragraph (f) of this Section, | ||||||
| 20 | shall determine
whether the defendant should continue to be | ||||||
| 21 | subject to the terms of
conditional release, and shall | ||||||
| 22 | enter an order either extending the
defendant's period of | ||||||
| 23 | conditional release for an additional 5-year
period or | ||||||
| 24 | discharging the defendant.
Additional 5-year periods of | ||||||
| 25 | conditional release may be ordered following a
hearing as | ||||||
| 26 | provided in this Section. However,
in no event shall the | ||||||
| |||||||
| |||||||
| 1 | defendant's
period of conditional release continue beyond | ||||||
| 2 | the maximum period of
commitment ordered by the Court | ||||||
| 3 | pursuant to paragraph (b) of this Section. These provisions | ||||||
| 4 | for
extension of conditional release shall only apply to | ||||||
| 5 | defendants
conditionally released on or after August 8, | ||||||
| 6 | 2003. However, the extension
provisions of Public Act | ||||||
| 7 | 83-1449 apply only to defendants charged
with a forcible | ||||||
| 8 | felony.
| ||||||
| 9 | (E) "Facility director" means the chief officer of a | ||||||
| 10 | mental health or
developmental disabilities facility or | ||||||
| 11 | his or her designee or the supervisor of
a program of | ||||||
| 12 | treatment or habilitation or his or her designee. | ||||||
| 13 | "Designee" may
include a physician, clinical psychologist, | ||||||
| 14 | social worker, nurse, or clinical
professional counselor.
| ||||||
| 15 | (b) If the Court finds the defendant in need of mental | ||||||
| 16 | health services on an
inpatient basis, the
admission, | ||||||
| 17 | detention, care, treatment or habilitation, treatment plans,
| ||||||
| 18 | review proceedings, including review of treatment and | ||||||
| 19 | treatment plans, and
discharge of the defendant after such | ||||||
| 20 | order shall be under the
Mental Health and Developmental | ||||||
| 21 | Disabilities Code, except that the
initial order for admission | ||||||
| 22 | of a defendant acquitted of a felony by
reason of insanity | ||||||
| 23 | shall be for an indefinite period of time. Such period
of | ||||||
| 24 | commitment shall not exceed the maximum
length of time that the | ||||||
| 25 | defendant would have been required to serve,
less credit for | ||||||
| 26 | good behavior as provided in Section 5-4-1 of the Unified
Code | ||||||
| |||||||
| |||||||
| 1 | of Corrections, before becoming eligible for
release had
he | ||||||
| 2 | been convicted of and received the maximum sentence for the | ||||||
| 3 | most
serious crime for which he has been acquitted by reason of | ||||||
| 4 | insanity. The
Court shall determine the maximum period of | ||||||
| 5 | commitment by an appropriate
order. During this period of time, | ||||||
| 6 | the defendant shall not be permitted
to be in the community in | ||||||
| 7 | any manner, including, but not limited to, off-grounds
| ||||||
| 8 | privileges, with or without escort by personnel of the | ||||||
| 9 | Department of Human
Services, unsupervised on-grounds | ||||||
| 10 | privileges,
discharge or conditional or temporary release, | ||||||
| 11 | except by a plan as provided in
this Section. In no event shall | ||||||
| 12 | a defendant's continued unauthorized
absence be a basis for | ||||||
| 13 | discharge. Not more than 30 days after admission
and every 90 | ||||||
| 14 | days thereafter so long as the initial order
remains in effect, | ||||||
| 15 | the facility director shall file a treatment plan report
in | ||||||
| 16 | writing with the court
and forward a copy of the treatment plan | ||||||
| 17 | report to the clerk of the
court, the State's Attorney, and the | ||||||
| 18 | defendant's attorney, if the defendant is
represented by | ||||||
| 19 | counsel,
or to a person authorized by
the defendant under the
| ||||||
| 20 | Mental Health and Developmental Disabilities Confidentiality | ||||||
| 21 | Act to be sent a
copy of the report. The report shall include | ||||||
| 22 | an opinion
as to whether the
defendant is currently in need of | ||||||
| 23 | mental
health services on an inpatient basis or in need of | ||||||
| 24 | mental health services
on
an outpatient basis. The report shall | ||||||
| 25 | also summarize the basis for those
findings and provide a | ||||||
| 26 | current summary of the following items from the
treatment plan: | ||||||
| |||||||
| |||||||
| 1 | (1) an assessment of the defendant's treatment needs, (2) a
| ||||||
| 2 | description of the services recommended for treatment, (3) the | ||||||
| 3 | goals of each
type of element of service, (4) an anticipated | ||||||
| 4 | timetable for the accomplishment
of the goals, and (5) a | ||||||
| 5 | designation of the qualified professional responsible
for the | ||||||
| 6 | implementation of the plan.
The report may also include | ||||||
| 7 | unsupervised on-grounds
privileges, off-grounds privileges | ||||||
| 8 | (with or without escort by personnel of the
Department of Human | ||||||
| 9 | Services), home visits and
participation in work
programs, but | ||||||
| 10 | only where such privileges have been approved by specific court
| ||||||
| 11 | order, which order may include such conditions on the defendant | ||||||
| 12 | as the
Court may deem appropriate and necessary to reasonably | ||||||
| 13 | assure the defendant's
satisfactory progress in treatment and | ||||||
| 14 | the safety of the defendant and others.
| ||||||
| 15 | (c) Every defendant acquitted of a felony by reason of | ||||||
| 16 | insanity and
subsequently found to be in need of
mental health | ||||||
| 17 | services shall be represented by counsel in all proceedings | ||||||
| 18 | under
this Section and under the Mental Health and | ||||||
| 19 | Developmental Disabilities Code.
| ||||||
| 20 | (1) The Court shall appoint as counsel the public | ||||||
| 21 | defender or an
attorney licensed by this State.
| ||||||
| 22 | (2) Upon filing with the Court of a verified statement | ||||||
| 23 | of legal
services rendered by the private attorney | ||||||
| 24 | appointed pursuant to
paragraph (1) of this subsection, the | ||||||
| 25 | Court shall determine a reasonable
fee for such services. | ||||||
| 26 | If the defendant is unable to pay the fee, the
Court shall | ||||||
| |||||||
| |||||||
| 1 | enter an order upon the State to pay the entire fee or such
| ||||||
| 2 | amount as the defendant is unable to pay from funds | ||||||
| 3 | appropriated by the
General Assembly for that purpose.
| ||||||
| 4 | (d) When the facility director determines that:
| ||||||
| 5 | (1) the defendant is no longer
in need of mental health | ||||||
| 6 | services on an inpatient basis; and
| ||||||
| 7 | (2) the defendant may be conditionally released | ||||||
| 8 | because he
or she is still in need of mental health | ||||||
| 9 | services or that the defendant
may be discharged as not in | ||||||
| 10 | need of any mental health services; or
| ||||||
| 11 | (3) (blank);
| ||||||
| 12 | the facility director shall give written notice
to the Court, | ||||||
| 13 | State's Attorney and defense attorney.
Such notice shall set | ||||||
| 14 | forth in detail the basis for the recommendation of
the | ||||||
| 15 | facility director, and specify clearly the recommendations, if | ||||||
| 16 | any,
of the facility director, concerning conditional release.
| ||||||
| 17 | Any recommendation for conditional release shall include an | ||||||
| 18 | evaluation of
the defendant's need for psychotropic | ||||||
| 19 | medication, what provisions should be
made, if any, to ensure | ||||||
| 20 | that the defendant will continue to receive
psychotropic | ||||||
| 21 | medication following discharge, and what provisions should be | ||||||
| 22 | made
to assure the safety of the defendant and others in the | ||||||
| 23 | event the defendant is
no longer receiving psychotropic | ||||||
| 24 | medication.
Within 30 days of
the notification by the facility | ||||||
| 25 | director, the Court shall set a hearing and
make a finding as | ||||||
| 26 | to whether the defendant is:
| ||||||
| |||||||
| |||||||
| 1 | (i) (blank); or
| ||||||
| 2 | (ii) in need of mental health services in the form of | ||||||
| 3 | inpatient care; or
| ||||||
| 4 | (iii) in need of mental health services but not subject | ||||||
| 5 | to inpatient care;
or
| ||||||
| 6 | (iv) no longer in need of mental health services; or
| ||||||
| 7 | (v) (blank).
| ||||||
| 8 | A crime victim shall be allowed to present an oral and | ||||||
| 9 | written statement. The court shall allow a victim to make an | ||||||
| 10 | oral statement if the victim is present in the courtroom and | ||||||
| 11 | requests to make an oral statement. An oral statement includes | ||||||
| 12 | the victim or a representative of the victim reading the | ||||||
| 13 | written statement. A victim and any person making an oral | ||||||
| 14 | statement shall not be put under oath or subject to | ||||||
| 15 | cross-examination. All statements shall become part of the | ||||||
| 16 | record of the court. | ||||||
| 17 | Upon finding by the Court, the Court shall enter its | ||||||
| 18 | findings and such
appropriate order as provided in subsections | ||||||
| 19 | (a) and (a-1) of this Section.
| ||||||
| 20 | (e) A defendant admitted pursuant to this Section, or any | ||||||
| 21 | person on
his behalf, may file a petition for treatment plan | ||||||
| 22 | review
or discharge or conditional release under the
standards | ||||||
| 23 | of this Section in the Court which rendered the verdict. Upon
| ||||||
| 24 | receipt of a petition for treatment plan review or discharge or | ||||||
| 25 | conditional release, the Court shall set a hearing to
be held | ||||||
| 26 | within 120 days. Thereafter, no new petition
may be filed for | ||||||
| |||||||
| |||||||
| 1 | 180 days
without leave of the Court.
| ||||||
| 2 | (f) The Court shall direct that notice of the time and | ||||||
| 3 | place of the
hearing be served upon the defendant, the facility | ||||||
| 4 | director, the State's
Attorney, and the defendant's attorney. | ||||||
| 5 | If requested by either the State or the
defense or if the Court | ||||||
| 6 | feels it is appropriate, an impartial examination
of the | ||||||
| 7 | defendant by a psychiatrist or clinical psychologist as defined | ||||||
| 8 | in
Section 1-103 of the Mental Health and Developmental | ||||||
| 9 | Disabilities Code who
is not in the employ of the Department of | ||||||
| 10 | Human Services shall be ordered, and
the report considered at
| ||||||
| 11 | the time of the hearing.
| ||||||
| 12 | (g) The findings of the Court shall be established by clear | ||||||
| 13 | and
convincing evidence. The burden of proof and the burden of | ||||||
| 14 | going forth
with the evidence rest with the defendant or any | ||||||
| 15 | person on the defendant's
behalf when a hearing is held to | ||||||
| 16 | review
a petition filed by or on
behalf of the defendant. The | ||||||
| 17 | evidence shall be presented in open
Court
with the right of | ||||||
| 18 | confrontation and cross-examination.
Such evidence may | ||||||
| 19 | include, but is not limited to:
| ||||||
| 20 | (1) whether the defendant appreciates the harm caused | ||||||
| 21 | by the defendant to
others and the community by his or her | ||||||
| 22 | prior
conduct
that resulted in the finding of not guilty by | ||||||
| 23 | reason of insanity;
| ||||||
| 24 | (2) Whether the person appreciates the criminality of | ||||||
| 25 | conduct similar to
the conduct for which he or she was | ||||||
| 26 | originally charged in this matter;
| ||||||
| |||||||
| |||||||
| 1 | (3) the current state of
the defendant's illness;
| ||||||
| 2 | (4) what, if any, medications the defendant is taking | ||||||
| 3 | to
control his or her mental illness;
| ||||||
| 4 | (5) what, if any, adverse physical side effects
the | ||||||
| 5 | medication has on the defendant;
| ||||||
| 6 | (6) the length of time it would take for the | ||||||
| 7 | defendant's mental health to
deteriorate
if
the
defendant | ||||||
| 8 | stopped taking prescribed medication;
| ||||||
| 9 | (7) the defendant's history or potential for alcohol | ||||||
| 10 | and drug abuse;
| ||||||
| 11 | (8) the defendant's past criminal history;
| ||||||
| 12 | (9) any specialized physical or medical needs of the | ||||||
| 13 | defendant;
| ||||||
| 14 | (10) any family participation or involvement expected | ||||||
| 15 | upon release and
what is the willingness and ability of the | ||||||
| 16 | family to participate or be
involved;
| ||||||
| 17 | (11) the defendant's potential to be a danger to | ||||||
| 18 | himself, herself, or
others;
| ||||||
| 19 | (11.5) a written or oral statement made by the victim; | ||||||
| 20 | and | ||||||
| 21 | (12) any other factor or factors the Court deems | ||||||
| 22 | appropriate.
| ||||||
| 23 | (h) Before the court orders that the defendant be | ||||||
| 24 | discharged or
conditionally released, it shall order the | ||||||
| 25 | facility director to establish a
discharge plan that includes a | ||||||
| 26 | plan for the defendant's shelter, support, and
medication. If | ||||||
| |||||||
| |||||||
| 1 | appropriate, the court shall order that the facility director
| ||||||
| 2 | establish a program to train the defendant in self-medication | ||||||
| 3 | under standards
established by the Department of Human | ||||||
| 4 | Services.
If the Court finds, consistent with the provisions of | ||||||
| 5 | this Section,
that the defendant is no longer in need of mental
| ||||||
| 6 | health services it shall order the facility director to | ||||||
| 7 | discharge the
defendant. If the Court finds, consistent with | ||||||
| 8 | the provisions of this
Section, that the defendant is in need | ||||||
| 9 | of mental
health services, and no longer in need of inpatient | ||||||
| 10 | care, it shall order
the facility director to release the | ||||||
| 11 | defendant under such conditions as the
Court deems appropriate | ||||||
| 12 | and as provided by this Section. Such conditional
release shall | ||||||
| 13 | be imposed for a period of 5 years as provided in
paragraph
(D) | ||||||
| 14 | of subsection (a-1) and shall be
subject
to later modification | ||||||
| 15 | by the Court as provided by this Section. If the
Court finds | ||||||
| 16 | consistent with the provisions in this Section that the
| ||||||
| 17 | defendant is in
need of mental health services on an inpatient | ||||||
| 18 | basis, it shall order the
facility director not to discharge or | ||||||
| 19 | release the defendant in accordance
with paragraph (b) of this | ||||||
| 20 | Section.
| ||||||
| 21 | (i) If within the period of the defendant's conditional | ||||||
| 22 | release
the State's Attorney determines that the defendant has | ||||||
| 23 | not fulfilled the
conditions of his or her release, the State's | ||||||
| 24 | Attorney may petition the
Court
to
revoke or modify the | ||||||
| 25 | conditional release of the defendant. Upon the filing of
such | ||||||
| 26 | petition the defendant may be remanded to the custody of the | ||||||
| |||||||
| |||||||
| 1 | Department,
or to any other mental health facility designated | ||||||
| 2 | by the Department, pending
the resolution of the petition. | ||||||
| 3 | Nothing in this Section shall prevent the
emergency admission | ||||||
| 4 | of a defendant pursuant to Article VI of Chapter III of the
| ||||||
| 5 | Mental Health
and Developmental Disabilities Code or the | ||||||
| 6 | voluntary admission of the defendant
pursuant to Article IV of | ||||||
| 7 | Chapter III of the Mental Health and Developmental
Disabilities
| ||||||
| 8 | Code. If
the Court determines, after hearing evidence, that the | ||||||
| 9 | defendant has
not fulfilled the conditions of release, the | ||||||
| 10 | Court shall order a hearing
to be held consistent with the | ||||||
| 11 | provisions of paragraph (f) and (g) of this
Section. At such | ||||||
| 12 | hearing, if the Court finds that the defendant is in need of | ||||||
| 13 | mental health services on an inpatient
basis, it shall enter an | ||||||
| 14 | order remanding him or her to the Department of
Human Services | ||||||
| 15 | or other
facility. If the defendant is remanded to the | ||||||
| 16 | Department of Human Services, he
or she shall be placed in
a | ||||||
| 17 | secure setting unless the Court
determines that there are | ||||||
| 18 | compelling reasons that such placement is not
necessary. If the
| ||||||
| 19 | Court finds that the defendant continues to be in need of | ||||||
| 20 | mental health
services but not on an inpatient basis, it may | ||||||
| 21 | modify the conditions of
the original release in order to | ||||||
| 22 | reasonably assure the defendant's satisfactory
progress in | ||||||
| 23 | treatment and his or her safety and the safety of others in
| ||||||
| 24 | accordance with the standards established in paragraph (D) of | ||||||
| 25 | subsection (a-1). Nothing in
this Section shall limit a Court's | ||||||
| 26 | contempt powers or any other powers of a
Court.
| ||||||
| |||||||
| |||||||
| 1 | (j) An order of admission under this Section does not | ||||||
| 2 | affect the
remedy of habeas corpus.
| ||||||
| 3 | (k) In the event of a conflict between this Section and the | ||||||
| 4 | Mental Health
and Developmental Disabilities Code or the Mental | ||||||
| 5 | Health and Developmental
Disabilities Confidentiality Act, the | ||||||
| 6 | provisions of this Section shall govern.
| ||||||
| 7 | (l) Public Act 90-593 shall apply to all persons who have | ||||||
| 8 | been found
not guilty by reason of insanity and who are | ||||||
| 9 | presently committed to the
Department of Mental Health and | ||||||
| 10 | Developmental Disabilities (now the
Department of Human | ||||||
| 11 | Services).
| ||||||
| 12 | (m)
The Clerk of the Court shall transmit a certified copy | ||||||
| 13 | of the order of
discharge or conditional release to the | ||||||
| 14 | Department of Human Services, to the sheriff of the county from | ||||||
| 15 | which the defendant was admitted, to the Illinois Department of | ||||||
| 16 | State Police, to
the proper law enforcement agency for the | ||||||
| 17 | municipality
where the offense took
place, and to the sheriff | ||||||
| 18 | of the county into which the defendant is
conditionally | ||||||
| 19 | discharged. The Illinois Department of State Police shall
| ||||||
| 20 | maintain a
centralized record of discharged or conditionally | ||||||
| 21 | released defendants while
they are under court supervision for | ||||||
| 22 | access and use of appropriate law
enforcement agencies.
| ||||||
| 23 | (n) The provisions in this Section which allow allows a | ||||||
| 24 | crime victim to make a written and oral statement do not apply | ||||||
| 25 | if the defendant was under 18 years of age at the time the | ||||||
| 26 | offense was committed. | ||||||
| |||||||
| |||||||
| 1 | (o) If any provision of this Section or its application to | ||||||
| 2 | any person or circumstance is held invalid, the invalidity of | ||||||
| 3 | that provision does not affect any other provision or | ||||||
| 4 | application of this Section that can be given effect without | ||||||
| 5 | the invalid provision or application. | ||||||
| 6 | (Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18; | ||||||
| 7 | 100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff. | ||||||
| 8 | 7-12-19; revised 9-24-19.)
| ||||||
| 9 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
| 10 | Sec. 5-3-2. Presentence report.
| ||||||
| 11 | (a) In felony cases, the presentence
report shall set | ||||||
| 12 | forth:
| ||||||
| 13 | (1) the defendant's history of delinquency or | ||||||
| 14 | criminality,
physical and mental history and condition, | ||||||
| 15 | family situation and
background, economic status, | ||||||
| 16 | education, occupation and personal habits;
| ||||||
| 17 | (2) information about special resources within the | ||||||
| 18 | community
which might be available to assist the | ||||||
| 19 | defendant's rehabilitation,
including treatment centers, | ||||||
| 20 | residential facilities, vocational
training services, | ||||||
| 21 | correctional manpower programs, employment
opportunities, | ||||||
| 22 | special educational programs, alcohol and drug
abuse | ||||||
| 23 | programming, psychiatric and marriage counseling, and | ||||||
| 24 | other
programs and facilities which could aid the | ||||||
| 25 | defendant's successful
reintegration into society;
| ||||||
| |||||||
| |||||||
| 1 | (3) the effect the offense committed has had upon the | ||||||
| 2 | victim or
victims thereof, and any compensatory benefit | ||||||
| 3 | that various
sentencing alternatives would confer on such | ||||||
| 4 | victim or victims;
| ||||||
| 5 | (3.5) information provided by the victim's spouse, | ||||||
| 6 | guardian, parent, grandparent, and other immediate family | ||||||
| 7 | and household members about the effect the offense | ||||||
| 8 | committed has had on the victim and on the person providing | ||||||
| 9 | the information; if the victim's spouse, guardian, parent, | ||||||
| 10 | grandparent, or other immediate family or household member | ||||||
| 11 | has provided a written statement, the statement shall be | ||||||
| 12 | attached to the report; | ||||||
| 13 | (4) information concerning the defendant's status | ||||||
| 14 | since arrest,
including his record if released on his own | ||||||
| 15 | recognizance, or the
defendant's achievement record if | ||||||
| 16 | released on a conditional
pre-trial supervision program;
| ||||||
| 17 | (5) when appropriate, a plan, based upon the personal, | ||||||
| 18 | economic
and social adjustment needs of the defendant, | ||||||
| 19 | utilizing public and
private community resources as an | ||||||
| 20 | alternative to institutional
sentencing;
| ||||||
| 21 | (6) any other matters that the investigatory officer | ||||||
| 22 | deems
relevant or the court directs to be included;
| ||||||
| 23 | (7) information concerning the defendant's eligibility | ||||||
| 24 | for a sentence to a
county impact incarceration program | ||||||
| 25 | under Section 5-8-1.2 of this Code; and
| ||||||
| 26 | (8) information concerning the defendant's eligibility | ||||||
| |||||||
| |||||||
| 1 | for a sentence to an impact incarceration program | ||||||
| 2 | administered by the Department under Section 5-8-1.1. | ||||||
| 3 | (b) The investigation shall include a physical and mental
| ||||||
| 4 | examination of the defendant when so ordered by the court. If
| ||||||
| 5 | the court determines that such an examination should be made, | ||||||
| 6 | it
shall issue an order that the defendant submit to | ||||||
| 7 | examination at
such time and place as designated by the court | ||||||
| 8 | and that such
examination be conducted by a physician, | ||||||
| 9 | psychologist or
psychiatrist designated by the court. Such an | ||||||
| 10 | examination may
be conducted in a court clinic if so ordered by | ||||||
| 11 | the court. The
cost of such examination shall be paid by the | ||||||
| 12 | county in which
the trial is held.
| ||||||
| 13 | (b-5) In cases involving felony sex offenses in which the | ||||||
| 14 | offender is being considered for probation only or any felony | ||||||
| 15 | offense that is
sexually motivated as defined in the Sex | ||||||
| 16 | Offender Management Board Act in which the offender is being | ||||||
| 17 | considered for probation only, the
investigation shall include | ||||||
| 18 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
| 19 | and conducted in conformance with the standards developed under
| ||||||
| 20 | the Sex Offender Management Board Act. In cases in which the | ||||||
| 21 | offender is being considered for any mandatory prison sentence, | ||||||
| 22 | the investigation shall not include a sex offender evaluation.
| ||||||
| 23 | (c) In misdemeanor, business offense or petty offense | ||||||
| 24 | cases, except as
specified in subsection (d) of this Section, | ||||||
| 25 | when a presentence report has
been ordered by the court, such | ||||||
| 26 | presentence report shall contain
information on the | ||||||
| |||||||
| |||||||
| 1 | defendant's history of delinquency or criminality and
shall | ||||||
| 2 | further contain only those matters listed in any of paragraphs | ||||||
| 3 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
| 4 | Section as are
specified by the court in its order for the | ||||||
| 5 | report.
| ||||||
| 6 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
| 7 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
| 8 | 2012, the presentence report shall set forth
information about | ||||||
| 9 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
| 10 | other treatment programs and facilities, information on the | ||||||
| 11 | defendant's
history of delinquency or criminality, and shall | ||||||
| 12 | contain those additional
matters listed in any of paragraphs | ||||||
| 13 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
| 14 | Section as are specified by the court.
| ||||||
| 15 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
| 16 | held without bail or to have his bail revoked for the purpose
| ||||||
| 17 | of preparing the presentence report or making an examination.
| ||||||
| 18 | (Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)
| ||||||
| 19 | (730 ILCS 5/5-5-3.2)
| ||||||
| 20 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
| 21 | sentencing.
| ||||||
| 22 | (a) The following factors shall be accorded weight in favor | ||||||
| 23 | of
imposing a term of imprisonment or may be considered by the | ||||||
| 24 | court as reasons
to impose a more severe sentence under Section | ||||||
| 25 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
| |||||||
| |||||||
| 1 | (1) the defendant's conduct caused or threatened | ||||||
| 2 | serious harm;
| ||||||
| 3 | (2) the defendant received compensation for committing | ||||||
| 4 | the offense;
| ||||||
| 5 | (3) the defendant has a history of prior delinquency or | ||||||
| 6 | criminal activity;
| ||||||
| 7 | (4) the defendant, by the duties of his office or by | ||||||
| 8 | his position,
was obliged to prevent the particular offense | ||||||
| 9 | committed or to bring
the offenders committing it to | ||||||
| 10 | justice;
| ||||||
| 11 | (5) the defendant held public office at the time of the | ||||||
| 12 | offense,
and the offense related to the conduct of that | ||||||
| 13 | office;
| ||||||
| 14 | (6) the defendant utilized his professional reputation | ||||||
| 15 | or
position in the community to commit the offense, or to | ||||||
| 16 | afford
him an easier means of committing it;
| ||||||
| 17 | (7) the sentence is necessary to deter others from | ||||||
| 18 | committing
the same crime;
| ||||||
| 19 | (8) the defendant committed the offense against a | ||||||
| 20 | person 60 years of age
or older or such person's property;
| ||||||
| 21 | (9) the defendant committed the offense against a | ||||||
| 22 | person who has a physical disability or such person's | ||||||
| 23 | property;
| ||||||
| 24 | (10) by reason of another individual's actual or | ||||||
| 25 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
| 26 | sexual orientation, physical or mental
disability, or | ||||||
| |||||||
| |||||||
| 1 | national origin, the defendant committed the offense | ||||||
| 2 | against (i)
the person or property
of that individual; (ii) | ||||||
| 3 | the person or property of a person who has an
association | ||||||
| 4 | with, is married to, or has a friendship with the other | ||||||
| 5 | individual;
or (iii) the person or property of a relative | ||||||
| 6 | (by blood or marriage) of a
person described in clause (i) | ||||||
| 7 | or (ii). For the purposes of this Section,
"sexual | ||||||
| 8 | orientation" has the meaning ascribed to it in paragraph | ||||||
| 9 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
| 10 | (11) the offense took place in a place of worship or on | ||||||
| 11 | the
grounds of a place of worship, immediately prior to, | ||||||
| 12 | during or immediately
following worship services. For | ||||||
| 13 | purposes of this subparagraph, "place of
worship" shall | ||||||
| 14 | mean any church, synagogue or other building, structure or
| ||||||
| 15 | place used primarily for religious worship;
| ||||||
| 16 | (12) the defendant was convicted of a felony committed | ||||||
| 17 | while he was
released on bail or his own recognizance | ||||||
| 18 | pending trial for a prior felony
and was convicted of such | ||||||
| 19 | prior felony, or the defendant was convicted of a
felony | ||||||
| 20 | committed while he was serving a period of probation,
| ||||||
| 21 | conditional discharge, or mandatory supervised release | ||||||
| 22 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
| 23 | (13) the defendant committed or attempted to commit a | ||||||
| 24 | felony while he
was wearing a bulletproof vest. For the | ||||||
| 25 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
| 26 | device which is designed for the purpose of
protecting the | ||||||
| |||||||
| |||||||
| 1 | wearer from bullets, shot or other lethal projectiles;
| ||||||
| 2 | (14) the defendant held a position of trust or | ||||||
| 3 | supervision such as, but
not limited to, family member as | ||||||
| 4 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
| 5 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
| 6 | relation to a victim under 18 years of age, and the | ||||||
| 7 | defendant committed an
offense in violation of Section | ||||||
| 8 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 9 | 11-14.4 except for an offense that involves keeping a place | ||||||
| 10 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
| 11 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 12 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 13 | of 2012
against
that victim;
| ||||||
| 14 | (15) the defendant committed an offense related to the | ||||||
| 15 | activities of an
organized gang. For the purposes of this | ||||||
| 16 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
| 17 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
| 18 | Act;
| ||||||
| 19 | (16) the defendant committed an offense in violation of | ||||||
| 20 | one of the
following Sections while in a school, regardless | ||||||
| 21 | of the time of day or time of
year; on any conveyance | ||||||
| 22 | owned, leased, or contracted by a school to transport
| ||||||
| 23 | students to or from school or a school related activity; on | ||||||
| 24 | the real property
of a school; or on a public way within | ||||||
| 25 | 1,000 feet of the real property
comprising any school: | ||||||
| 26 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| |||||||
| |||||||
| 1 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
| 2 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 3 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
| 4 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 5 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
| 6 | Criminal Code of 2012;
| ||||||
| 7 | (16.5) the defendant committed an offense in violation | ||||||
| 8 | of one of the
following Sections while in a day care | ||||||
| 9 | center, regardless of the time of day or
time of year; on | ||||||
| 10 | the real property of a day care center, regardless of the | ||||||
| 11 | time
of day or time of year; or on a public
way within | ||||||
| 12 | 1,000 feet of the real property comprising any day care | ||||||
| 13 | center,
regardless of the time of day or time of year:
| ||||||
| 14 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 15 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 16 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 17 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| 18 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 19 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
| 20 | Criminal Code of 2012;
| ||||||
| 21 | (17) the defendant committed the offense by reason of | ||||||
| 22 | any person's
activity as a community policing volunteer or | ||||||
| 23 | to prevent any person from
engaging in activity as a | ||||||
| 24 | community policing volunteer. For the purpose of
this | ||||||
| 25 | Section, "community policing volunteer" has the meaning | ||||||
| 26 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
| |||||||
| |||||||
| 1 | 2012;
| ||||||
| 2 | (18) the defendant committed the offense in a nursing | ||||||
| 3 | home or on the
real
property comprising a nursing home. For | ||||||
| 4 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
| 5 | skilled nursing
or intermediate long term care facility | ||||||
| 6 | that is subject to license by the
Illinois Department of | ||||||
| 7 | Public Health under the Nursing Home Care
Act, the | ||||||
| 8 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
| 9 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
| 10 | (19) the defendant was a federally licensed firearm | ||||||
| 11 | dealer
and
was
previously convicted of a violation of | ||||||
| 12 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
| 13 | Identification Card Act and has now committed either a | ||||||
| 14 | felony
violation
of the Firearm Owners Identification Card | ||||||
| 15 | Act or an act of armed violence while
armed
with a firearm; | ||||||
| 16 | (20) the defendant (i) committed the offense of | ||||||
| 17 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
| 18 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
| 19 | under the influence of alcohol, other drug or
drugs, | ||||||
| 20 | intoxicating compound or compounds or any combination | ||||||
| 21 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
| 22 | or a similar provision of a local ordinance and (ii) was | ||||||
| 23 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 24 | over the posted speed limit as provided in Article VI of | ||||||
| 25 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
| 26 | (21) the defendant (i) committed the offense of | ||||||
| |||||||
| |||||||
| 1 | reckless driving or aggravated reckless driving under | ||||||
| 2 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 3 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 4 | over the posted speed limit as provided in Article VI of | ||||||
| 5 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 6 | (22) the defendant committed the offense against a | ||||||
| 7 | person that the defendant knew, or reasonably should have | ||||||
| 8 | known, was a member of the Armed Forces of the United | ||||||
| 9 | States serving on active duty. For purposes of this clause | ||||||
| 10 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
| 11 | of the United States, including a member of any reserve | ||||||
| 12 | component thereof or National Guard unit called to active | ||||||
| 13 | duty;
| ||||||
| 14 | (23)
the defendant committed the offense against a | ||||||
| 15 | person who was elderly or infirm or who was a person with a | ||||||
| 16 | disability by taking advantage of a family or fiduciary | ||||||
| 17 | relationship with the elderly or infirm person or person | ||||||
| 18 | with a disability;
| ||||||
| 19 | (24)
the defendant committed any offense under Section | ||||||
| 20 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 21 | of 2012 and possessed 100 or more images;
| ||||||
| 22 | (25) the defendant committed the offense while the | ||||||
| 23 | defendant or the victim was in a train, bus, or other | ||||||
| 24 | vehicle used for public transportation; | ||||||
| 25 | (26) the defendant committed the offense of child | ||||||
| 26 | pornography or aggravated child pornography, specifically | ||||||
| |||||||
| |||||||
| 1 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 2 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| 3 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 4 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 5 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 6 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 7 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 8 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 9 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| 10 | engaged in, solicited for, depicted in, or posed in any act | ||||||
| 11 | of sexual penetration or bound, fettered, or subject to | ||||||
| 12 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 13 | sexual context; | ||||||
| 14 | (27) the defendant committed the offense of first | ||||||
| 15 | degree murder, assault, aggravated assault, battery, | ||||||
| 16 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 17 | robbery against a person who was a veteran and the | ||||||
| 18 | defendant knew, or reasonably should have known, that the | ||||||
| 19 | person was a veteran performing duties as a representative | ||||||
| 20 | of a veterans' organization. For the purposes of this | ||||||
| 21 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 22 | has served as a member of the United States Armed Forces, a | ||||||
| 23 | member of the Illinois National Guard, or a member of the | ||||||
| 24 | United States Reserve Forces; and "veterans' organization" | ||||||
| 25 | means an organization comprised of members of
which | ||||||
| 26 | substantially all are individuals who are veterans or | ||||||
| |||||||
| |||||||
| 1 | spouses,
widows, or widowers of veterans, the primary | ||||||
| 2 | purpose of which is to
promote the welfare of its members | ||||||
| 3 | and to provide assistance to the general
public in such a | ||||||
| 4 | way as to confer a public benefit; | ||||||
| 5 | (28) the defendant committed the offense of assault, | ||||||
| 6 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 7 | armed robbery, or aggravated robbery against a person that | ||||||
| 8 | the defendant knew or reasonably should have known was a | ||||||
| 9 | letter carrier or postal worker while that person was | ||||||
| 10 | performing his or her duties delivering mail for the United | ||||||
| 11 | States Postal Service; | ||||||
| 12 | (29) the defendant committed the offense of criminal | ||||||
| 13 | sexual assault, aggravated criminal sexual assault, | ||||||
| 14 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
| 15 | against a victim with an intellectual disability, and the | ||||||
| 16 | defendant holds a position of trust, authority, or | ||||||
| 17 | supervision in relation to the victim; | ||||||
| 18 | (30) the defendant committed the offense of promoting | ||||||
| 19 | juvenile prostitution, patronizing a prostitute, or | ||||||
| 20 | patronizing a minor engaged in prostitution and at the time | ||||||
| 21 | of the commission of the offense knew that the prostitute | ||||||
| 22 | or minor engaged in prostitution was in the custody or | ||||||
| 23 | guardianship of the Department of Children and Family | ||||||
| 24 | Services; | ||||||
| 25 | (31) the defendant (i) committed the offense of driving | ||||||
| 26 | while under the influence of alcohol, other drug or drugs, | ||||||
| |||||||
| |||||||
| 1 | intoxicating compound or compounds or any combination | ||||||
| 2 | thereof in violation of Section 11-501 of the Illinois | ||||||
| 3 | Vehicle Code or a similar provision of a local ordinance | ||||||
| 4 | and (ii) the defendant during the commission of the offense | ||||||
| 5 | was driving his or her vehicle upon a roadway designated | ||||||
| 6 | for one-way traffic in the opposite direction of the | ||||||
| 7 | direction indicated by official traffic control devices; | ||||||
| 8 | or | ||||||
| 9 | (32) the defendant committed the offense of reckless | ||||||
| 10 | homicide while committing a violation of Section 11-907 of | ||||||
| 11 | the Illinois Vehicle Code; . | ||||||
| 12 | (33) (32) the defendant was found guilty of an | ||||||
| 13 | administrative infraction related to an act or acts of | ||||||
| 14 | public indecency or sexual misconduct in the penal | ||||||
| 15 | institution. In this paragraph (33) (32), "penal | ||||||
| 16 | institution" has the same meaning as in Section 2-14 of the | ||||||
| 17 | Criminal Code of 2012; or . | ||||||
| 18 | (34) (32) the defendant committed the offense of | ||||||
| 19 | leaving the scene of an accident in violation of subsection | ||||||
| 20 | (b) of Section 11-401 of the Illinois Vehicle Code and the | ||||||
| 21 | accident resulted in the death of a person and at the time | ||||||
| 22 | of the offense, the defendant was: (i) driving under the | ||||||
| 23 | influence of alcohol, other drug or drugs, intoxicating | ||||||
| 24 | compound or compounds or any combination thereof as defined | ||||||
| 25 | by Section 11-501 of the Illinois Vehicle Code; or (ii) | ||||||
| 26 | operating the motor vehicle while using an electronic | ||||||
| |||||||
| |||||||
| 1 | communication device as defined in Section 12-610.2 of the | ||||||
| 2 | Illinois Vehicle Code. | ||||||
| 3 | For the purposes of this Section:
| ||||||
| 4 | "School" is defined as a public or private
elementary or | ||||||
| 5 | secondary school, community college, college, or university.
| ||||||
| 6 | "Day care center" means a public or private State certified | ||||||
| 7 | and
licensed day care center as defined in Section 2.09 of the | ||||||
| 8 | Child Care Act of
1969 that displays a sign in plain view | ||||||
| 9 | stating that the
property is a day care center.
| ||||||
| 10 | "Intellectual disability" means significantly subaverage | ||||||
| 11 | intellectual functioning which exists concurrently
with | ||||||
| 12 | impairment in adaptive behavior. | ||||||
| 13 | "Public transportation" means the transportation
or | ||||||
| 14 | conveyance of persons by means available to the general public, | ||||||
| 15 | and includes paratransit services. | ||||||
| 16 | "Traffic control devices" means all signs, signals, | ||||||
| 17 | markings, and devices that conform to the Illinois Manual on | ||||||
| 18 | Uniform Traffic Control Devices, placed or erected by authority | ||||||
| 19 | of a public body or official having jurisdiction, for the | ||||||
| 20 | purpose of regulating, warning, or guiding traffic. | ||||||
| 21 | (b) The following factors, related to all felonies, may be | ||||||
| 22 | considered by the court as
reasons to impose an extended term | ||||||
| 23 | sentence under Section 5-8-2
upon any offender:
| ||||||
| 24 | (1) When a defendant is convicted of any felony, after | ||||||
| 25 | having
been previously convicted in Illinois or any other | ||||||
| 26 | jurisdiction of the
same or similar class felony or greater | ||||||
| |||||||
| |||||||
| 1 | class felony, when such conviction
has occurred within 10 | ||||||
| 2 | years after the
previous conviction, excluding time spent | ||||||
| 3 | in custody, and such charges are
separately brought and | ||||||
| 4 | tried and arise out of different series of acts; or
| ||||||
| 5 | (2) When a defendant is convicted of any felony and the | ||||||
| 6 | court
finds that the offense was accompanied by | ||||||
| 7 | exceptionally brutal
or heinous behavior indicative of | ||||||
| 8 | wanton cruelty; or
| ||||||
| 9 | (3) When a defendant is convicted of any felony | ||||||
| 10 | committed against:
| ||||||
| 11 | (i) a person under 12 years of age at the time of | ||||||
| 12 | the offense or such
person's property;
| ||||||
| 13 | (ii) a person 60 years of age or older at the time | ||||||
| 14 | of the offense or
such person's property; or
| ||||||
| 15 | (iii) a person who had a physical disability at the | ||||||
| 16 | time of the offense or
such person's property; or
| ||||||
| 17 | (4) When a defendant is convicted of any felony and the | ||||||
| 18 | offense
involved any of the following types of specific | ||||||
| 19 | misconduct committed as
part of a ceremony, rite, | ||||||
| 20 | initiation, observance, performance, practice or
activity | ||||||
| 21 | of any actual or ostensible religious, fraternal, or social | ||||||
| 22 | group:
| ||||||
| 23 | (i) the brutalizing or torturing of humans or | ||||||
| 24 | animals;
| ||||||
| 25 | (ii) the theft of human corpses;
| ||||||
| 26 | (iii) the kidnapping of humans;
| ||||||
| |||||||
| |||||||
| 1 | (iv) the desecration of any cemetery, religious, | ||||||
| 2 | fraternal, business,
governmental, educational, or | ||||||
| 3 | other building or property; or
| ||||||
| 4 | (v) ritualized abuse of a child; or
| ||||||
| 5 | (5) When a defendant is convicted of a felony other | ||||||
| 6 | than conspiracy and
the court finds that
the felony was | ||||||
| 7 | committed under an agreement with 2 or more other persons
| ||||||
| 8 | to commit that offense and the defendant, with respect to | ||||||
| 9 | the other
individuals, occupied a position of organizer, | ||||||
| 10 | supervisor, financier, or any
other position of management | ||||||
| 11 | or leadership, and the court further finds that
the felony | ||||||
| 12 | committed was related to or in furtherance of the criminal
| ||||||
| 13 | activities of an organized gang or was motivated by the | ||||||
| 14 | defendant's leadership
in an organized gang; or
| ||||||
| 15 | (6) When a defendant is convicted of an offense | ||||||
| 16 | committed while using a firearm with a
laser sight attached | ||||||
| 17 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
| 18 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
| 19 | Code of
2012; or
| ||||||
| 20 | (7) When a defendant who was at least 17 years of age | ||||||
| 21 | at the
time of
the commission of the offense is convicted | ||||||
| 22 | of a felony and has been previously
adjudicated a | ||||||
| 23 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 24 | an act
that if committed by an adult would be a Class X or | ||||||
| 25 | Class 1 felony when the
conviction has occurred within 10 | ||||||
| 26 | years after the previous adjudication,
excluding time | ||||||
| |||||||
| |||||||
| 1 | spent in custody; or
| ||||||
| 2 | (8) When a defendant commits any felony and the | ||||||
| 3 | defendant used, possessed, exercised control over, or | ||||||
| 4 | otherwise directed an animal to assault a law enforcement | ||||||
| 5 | officer engaged in the execution of his or her official | ||||||
| 6 | duties or in furtherance of the criminal activities of an | ||||||
| 7 | organized gang in which the defendant is engaged; or
| ||||||
| 8 | (9) When a defendant commits any felony and the | ||||||
| 9 | defendant knowingly video or audio records the offense with | ||||||
| 10 | the intent to disseminate the recording. | ||||||
| 11 | (c) The following factors may be considered by the court as | ||||||
| 12 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
| 13 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
| 14 | (1) When a defendant is convicted of first degree | ||||||
| 15 | murder, after having been previously convicted in Illinois | ||||||
| 16 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 17 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
| 18 | within 10 years after the previous conviction, excluding | ||||||
| 19 | time spent in custody, and the charges are separately | ||||||
| 20 | brought and tried and arise out of different series of | ||||||
| 21 | acts. | ||||||
| 22 | (1.5) When a defendant is convicted of first degree | ||||||
| 23 | murder, after having been previously convicted of domestic | ||||||
| 24 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 25 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 26 | having been previously convicted of violation of an order | ||||||
| |||||||
| |||||||
| 1 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| 2 | was the protected person. | ||||||
| 3 | (2) When a defendant is convicted of voluntary | ||||||
| 4 | manslaughter, second degree murder, involuntary | ||||||
| 5 | manslaughter, or reckless homicide in which the defendant | ||||||
| 6 | has been convicted of causing the death of more than one | ||||||
| 7 | individual. | ||||||
| 8 | (3) When a defendant is convicted of aggravated | ||||||
| 9 | criminal sexual assault or criminal sexual assault, when | ||||||
| 10 | there is a finding that aggravated criminal sexual assault | ||||||
| 11 | or criminal sexual assault was also committed on the same | ||||||
| 12 | victim by one or more other individuals, and the defendant | ||||||
| 13 | voluntarily participated in the crime with the knowledge of | ||||||
| 14 | the participation of the others in the crime, and the | ||||||
| 15 | commission of the crime was part of a single course of | ||||||
| 16 | conduct during which there was no substantial change in the | ||||||
| 17 | nature of the criminal objective. | ||||||
| 18 | (4) If the victim was under 18 years of age at the time | ||||||
| 19 | of the commission of the offense, when a defendant is | ||||||
| 20 | convicted of aggravated criminal sexual assault or | ||||||
| 21 | predatory criminal sexual assault of a child under | ||||||
| 22 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 23 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 25 | (5) When a defendant is convicted of a felony violation | ||||||
| 26 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| 2 | finding that the defendant is a member of an organized | ||||||
| 3 | gang. | ||||||
| 4 | (6) When a defendant was convicted of unlawful use of | ||||||
| 5 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
| 6 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
| 7 | a weapon that is not readily distinguishable as one of the | ||||||
| 8 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| 9 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
| 10 | (7) When a defendant is convicted of an offense | ||||||
| 11 | involving the illegal manufacture of a controlled | ||||||
| 12 | substance under Section 401 of the Illinois Controlled | ||||||
| 13 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 14 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| 15 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 16 | the illegal possession of explosives and an emergency | ||||||
| 17 | response officer in the performance of his or her duties is | ||||||
| 18 | killed or injured at the scene of the offense while | ||||||
| 19 | responding to the emergency caused by the commission of the | ||||||
| 20 | offense. In this paragraph, "emergency" means a situation | ||||||
| 21 | in which a person's life, health, or safety is in jeopardy; | ||||||
| 22 | and "emergency response officer" means a peace officer, | ||||||
| 23 | community policing volunteer, fireman, emergency medical | ||||||
| 24 | technician-ambulance, emergency medical | ||||||
| 25 | technician-intermediate, emergency medical | ||||||
| 26 | technician-paramedic, ambulance driver, other medical | ||||||
| |||||||
| |||||||
| 1 | assistance or first aid personnel, or hospital emergency | ||||||
| 2 | room personnel.
| ||||||
| 3 | (8) When the defendant is convicted of attempted mob | ||||||
| 4 | action, solicitation to commit mob action, or conspiracy to | ||||||
| 5 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 6 | Criminal Code of 2012, where the criminal object is a | ||||||
| 7 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
| 8 | an electronic communication is used in the commission of | ||||||
| 9 | the offense. For the purposes of this paragraph (8), | ||||||
| 10 | "electronic communication" shall have the meaning provided | ||||||
| 11 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 12 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 13 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
| 14 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
| 15 | (e) The court may impose an extended term sentence under | ||||||
| 16 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 17 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 18 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 19 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 20 | when the victim of the offense is under 18 years of age at the | ||||||
| 21 | time of the commission of the offense and, during the | ||||||
| 22 | commission of the offense, the victim was under the influence | ||||||
| 23 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 24 | supplied by the offender; and the offender, at the time of the | ||||||
| 25 | commission of the offense, knew or should have known that the | ||||||
| 26 | victim had consumed alcohol. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
| 2 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
| ||||||
| 3 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
| 4 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
| 5 | discharge.
| ||||||
| 6 | (a) The conditions of probation and of conditional | ||||||
| 7 | discharge shall be
that the person:
| ||||||
| 8 | (1) not violate any criminal statute of any | ||||||
| 9 | jurisdiction;
| ||||||
| 10 | (2) report to or appear in person before such person or | ||||||
| 11 | agency as
directed by the court;
| ||||||
| 12 | (3) refrain from possessing a firearm or other | ||||||
| 13 | dangerous weapon where the offense is a felony or, if a | ||||||
| 14 | misdemeanor, the offense involved the intentional or | ||||||
| 15 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
| 16 | (4) not leave the State without the consent of the | ||||||
| 17 | court or, in
circumstances in which the reason for the | ||||||
| 18 | absence is of such an emergency
nature that prior consent | ||||||
| 19 | by the court is not possible, without the prior
| ||||||
| 20 | notification and approval of the person's probation
| ||||||
| 21 | officer. Transfer of a person's probation or conditional | ||||||
| 22 | discharge
supervision to another state is subject to | ||||||
| 23 | acceptance by the other state
pursuant to the Interstate | ||||||
| 24 | Compact for Adult Offender Supervision;
| ||||||
| 25 | (5) permit the probation officer to visit
him at his | ||||||
| |||||||
| |||||||
| 1 | home or elsewhere
to the extent necessary to discharge his | ||||||
| 2 | duties;
| ||||||
| 3 | (6) perform no less than 30 hours of community service | ||||||
| 4 | and not more than
120 hours of community service, if | ||||||
| 5 | community service is available in the
jurisdiction and is | ||||||
| 6 | funded and approved by the county board where the offense
| ||||||
| 7 | was committed, where the offense was related to or in | ||||||
| 8 | furtherance of the
criminal activities of an organized gang | ||||||
| 9 | and was motivated by the offender's
membership in or | ||||||
| 10 | allegiance to an organized gang. The community service | ||||||
| 11 | shall
include, but not be limited to, the cleanup and | ||||||
| 12 | repair of any damage caused by
a violation of Section | ||||||
| 13 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 14 | 2012 and similar damage
to property located within the | ||||||
| 15 | municipality or county in which the violation
occurred. | ||||||
| 16 | When possible and reasonable, the community service should | ||||||
| 17 | be
performed in the offender's neighborhood. For purposes | ||||||
| 18 | of this Section,
"organized gang" has the meaning ascribed | ||||||
| 19 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
| 20 | Omnibus Prevention Act. The court may give credit toward | ||||||
| 21 | the fulfillment of community service hours for | ||||||
| 22 | participation in activities and treatment as determined by | ||||||
| 23 | court services;
| ||||||
| 24 | (7) if he or she is at least 17 years of age and has | ||||||
| 25 | been sentenced to
probation or conditional discharge for a | ||||||
| 26 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
| |||||||
| |||||||
| 1 | inhabitants and has not been previously convicted of a
| ||||||
| 2 | misdemeanor or felony, may be required by the sentencing | ||||||
| 3 | court to attend
educational courses designed to prepare the | ||||||
| 4 | defendant for a high school diploma
and to work toward a | ||||||
| 5 | high school diploma or to work toward passing high school | ||||||
| 6 | equivalency testing or to work toward
completing a | ||||||
| 7 | vocational training program approved by the court. The | ||||||
| 8 | person on
probation or conditional discharge must attend a | ||||||
| 9 | public institution of
education to obtain the educational | ||||||
| 10 | or vocational training required by this paragraph
(7). The | ||||||
| 11 | court shall revoke the probation or conditional discharge | ||||||
| 12 | of a
person who wilfully fails to comply with this | ||||||
| 13 | paragraph (7). The person on
probation or conditional | ||||||
| 14 | discharge shall be required to pay for the cost of the
| ||||||
| 15 | educational courses or high school equivalency testing if a | ||||||
| 16 | fee is charged for those courses or testing. The court | ||||||
| 17 | shall resentence the offender whose probation or | ||||||
| 18 | conditional
discharge has been revoked as provided in | ||||||
| 19 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
| 20 | person who has a high school diploma or has successfully | ||||||
| 21 | passed high school equivalency testing. This paragraph (7) | ||||||
| 22 | does not apply to a person who is determined by
the court | ||||||
| 23 | to be a person with a developmental disability or otherwise | ||||||
| 24 | mentally incapable of
completing the educational or | ||||||
| 25 | vocational program;
| ||||||
| 26 | (8) if convicted of possession of a substance | ||||||
| |||||||
| |||||||
| 1 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
| 2 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 3 | and Community Protection Act
after a previous conviction or | ||||||
| 4 | disposition of supervision for possession of a
substance | ||||||
| 5 | prohibited by the Cannabis Control Act or Illinois | ||||||
| 6 | Controlled
Substances Act or after a sentence of probation | ||||||
| 7 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
| 8 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
| 9 | the Methamphetamine Control and Community Protection Act | ||||||
| 10 | and upon a
finding by the court that the person is | ||||||
| 11 | addicted, undergo treatment at a
substance abuse program | ||||||
| 12 | approved by the court;
| ||||||
| 13 | (8.5) if convicted of a felony sex offense as defined | ||||||
| 14 | in the Sex
Offender
Management Board Act, the person shall | ||||||
| 15 | undergo and successfully complete sex
offender treatment | ||||||
| 16 | by a treatment provider approved by the Board and conducted
| ||||||
| 17 | in conformance with the standards developed under the Sex
| ||||||
| 18 | Offender Management Board Act;
| ||||||
| 19 | (8.6) if convicted of a sex offense as defined in the | ||||||
| 20 | Sex Offender Management Board Act, refrain from residing at | ||||||
| 21 | the same address or in the same condominium unit or | ||||||
| 22 | 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 | ||||||
| 25 | been placed on supervision for a sex offense; the | ||||||
| 26 | provisions of this paragraph do not apply to a person | ||||||
| |||||||
| |||||||
| 1 | convicted of a sex offense who is placed in a Department of | ||||||
| 2 | Corrections licensed transitional housing facility for sex | ||||||
| 3 | offenders; | ||||||
| 4 | (8.7) if convicted for an offense committed on or after | ||||||
| 5 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| 6 | would qualify the accused as a child sex offender as | ||||||
| 7 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 8 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| 9 | communicating with or contacting, by means of the Internet, | ||||||
| 10 | a person who is not related to the accused and whom the | ||||||
| 11 | accused reasonably believes to be under 18 years of age; | ||||||
| 12 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
| 13 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
| 14 | Code of 2012; and a person is not related to the accused if | ||||||
| 15 | the person is not: (i) the spouse, brother, or sister of | ||||||
| 16 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
| 17 | first or second cousin of the accused; or (iv) a step-child | ||||||
| 18 | or adopted child of the accused; | ||||||
| 19 | (8.8) if convicted for an offense under Section 11-6, | ||||||
| 20 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
| 21 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
| 22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 23 | or any attempt to commit any of these offenses, committed | ||||||
| 24 | on or after June 1, 2009 (the effective date of Public Act | ||||||
| 25 | 95-983): | ||||||
| 26 | (i) not access or use a computer or any other | ||||||
| |||||||
| |||||||
| 1 | device with Internet capability without the prior | ||||||
| 2 | written approval of the offender's probation officer, | ||||||
| 3 | except in connection with the offender's employment or | ||||||
| 4 | search for employment with the prior approval of the | ||||||
| 5 | offender's probation officer; | ||||||
| 6 | (ii) submit to periodic unannounced examinations | ||||||
| 7 | of the offender's computer or any other device with | ||||||
| 8 | Internet capability by the offender's probation | ||||||
| 9 | officer, a law enforcement officer, or assigned | ||||||
| 10 | computer or information technology specialist, | ||||||
| 11 | including the retrieval and copying of all data from | ||||||
| 12 | the computer or device and any internal or external | ||||||
| 13 | peripherals and removal of such information, | ||||||
| 14 | equipment, or device to conduct a more thorough | ||||||
| 15 | inspection; | ||||||
| 16 | (iii) submit to the installation on the offender's | ||||||
| 17 | computer or device with Internet capability, at the | ||||||
| 18 | offender's expense, of one or more hardware or software | ||||||
| 19 | systems to monitor the Internet use; and | ||||||
| 20 | (iv) submit to any other appropriate restrictions | ||||||
| 21 | concerning the offender's use of or access to a | ||||||
| 22 | computer or any other device with Internet capability | ||||||
| 23 | imposed by the offender's probation officer; | ||||||
| 24 | (8.9) if convicted of a sex offense as defined in the | ||||||
| 25 | Sex Offender
Registration Act committed on or after January | ||||||
| 26 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
| |||||||
| |||||||
| 1 | from accessing or using a social networking website as | ||||||
| 2 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
| 3 | (9) if convicted of a felony or of any misdemeanor | ||||||
| 4 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
| 5 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 6 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
| 7 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
| 8 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
| 9 | at a time and place
designated by the court, his or her | ||||||
| 10 | Firearm
Owner's Identification Card and
any and all | ||||||
| 11 | firearms in
his or her possession. The Court shall return | ||||||
| 12 | to the Department of State Police Firearm Owner's | ||||||
| 13 | Identification Card Office the person's Firearm Owner's | ||||||
| 14 | Identification Card;
| ||||||
| 15 | (10) if convicted of a sex offense as defined in | ||||||
| 16 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
| 17 | offender is a parent or guardian of the person under 18 | ||||||
| 18 | years of age present in the home and no non-familial minors | ||||||
| 19 | are present, not participate in a holiday event involving | ||||||
| 20 | children under 18 years of age, such as distributing candy | ||||||
| 21 | or other items to children on Halloween, wearing a Santa | ||||||
| 22 | Claus costume on or preceding Christmas, being employed as | ||||||
| 23 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
| 24 | costume on or preceding Easter; | ||||||
| 25 | (11) if convicted of a sex offense as defined in | ||||||
| 26 | Section 2 of the Sex Offender Registration Act committed on | ||||||
| |||||||
| |||||||
| 1 | or after January 1, 2010 (the effective date of Public Act | ||||||
| 2 | 96-362) that requires the person to register as a sex | ||||||
| 3 | offender under that Act, may not knowingly use any computer | ||||||
| 4 | scrub software on any computer that the sex offender uses; | ||||||
| 5 | (12) if convicted of a violation of the Methamphetamine | ||||||
| 6 | Control and Community Protection Act, the Methamphetamine
| ||||||
| 7 | Precursor Control Act, or a methamphetamine related | ||||||
| 8 | offense: | ||||||
| 9 | (A) prohibited from purchasing, possessing, or | ||||||
| 10 | having under his or her control any product containing | ||||||
| 11 | pseudoephedrine unless prescribed by a physician; and | ||||||
| 12 | (B) prohibited from purchasing, possessing, or | ||||||
| 13 | having under his or her control any product containing | ||||||
| 14 | ammonium nitrate; and | ||||||
| 15 | (13) if convicted of a hate crime involving the | ||||||
| 16 | protected class identified in subsection (a) of Section | ||||||
| 17 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
| 18 | offense the offender committed, perform public or | ||||||
| 19 | community service of no less than 200 hours and enroll in | ||||||
| 20 | an educational program discouraging hate crimes that | ||||||
| 21 | includes racial, ethnic, and cultural sensitivity training | ||||||
| 22 | ordered by the court. | ||||||
| 23 | (b) The Court may in addition to other reasonable | ||||||
| 24 | conditions relating to the
nature of the offense or the | ||||||
| 25 | rehabilitation of the defendant as determined for
each | ||||||
| 26 | defendant in the proper discretion of the Court require that | ||||||
| |||||||
| |||||||
| 1 | the person:
| ||||||
| 2 | (1) serve a term of periodic imprisonment under Article | ||||||
| 3 | 7 for a
period not to exceed that specified in paragraph | ||||||
| 4 | (d) of Section 5-7-1;
| ||||||
| 5 | (2) pay a fine and costs;
| ||||||
| 6 | (3) work or pursue a course of study or vocational | ||||||
| 7 | training;
| ||||||
| 8 | (4) undergo medical, psychological or psychiatric | ||||||
| 9 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
| 10 | (5) attend or reside in a facility established for the | ||||||
| 11 | instruction
or residence of defendants on probation;
| ||||||
| 12 | (6) support his dependents;
| ||||||
| 13 | (7) and in addition, if a minor:
| ||||||
| 14 | (i) reside with his parents or in a foster home;
| ||||||
| 15 | (ii) attend school;
| ||||||
| 16 | (iii) attend a non-residential program for youth;
| ||||||
| 17 | (iv) contribute to his own support at home or in a | ||||||
| 18 | foster home;
| ||||||
| 19 | (v) with the consent of the superintendent of the
| ||||||
| 20 | facility, attend an educational program at a facility | ||||||
| 21 | other than the school
in which the
offense was | ||||||
| 22 | committed if he
or she is convicted of a crime of | ||||||
| 23 | violence as
defined in
Section 2 of the Crime Victims | ||||||
| 24 | Compensation Act committed in a school, on the
real
| ||||||
| 25 | property
comprising a school, or within 1,000 feet of | ||||||
| 26 | the real property comprising a
school;
| ||||||
| |||||||
| |||||||
| 1 | (8) make restitution as provided in Section 5-5-6 of | ||||||
| 2 | this Code;
| ||||||
| 3 | (9) perform some reasonable public or community | ||||||
| 4 | service;
| ||||||
| 5 | (10) serve a term of home confinement. In addition to | ||||||
| 6 | any other
applicable condition of probation or conditional | ||||||
| 7 | discharge, the
conditions of home confinement shall be that | ||||||
| 8 | the offender:
| ||||||
| 9 | (i) remain within the interior premises of the | ||||||
| 10 | place designated for
his confinement during the hours | ||||||
| 11 | designated by the court;
| ||||||
| 12 | (ii) admit any person or agent designated by the | ||||||
| 13 | court into the
offender's place of confinement at any | ||||||
| 14 | time for purposes of verifying
the offender's | ||||||
| 15 | compliance with the conditions of his confinement; and
| ||||||
| 16 | (iii) if further deemed necessary by the court or | ||||||
| 17 | the
Probation or
Court Services Department, be placed | ||||||
| 18 | on an approved
electronic monitoring device, subject | ||||||
| 19 | to Article 8A of Chapter V;
| ||||||
| 20 | (iv) for persons convicted of any alcohol, | ||||||
| 21 | cannabis or controlled
substance violation who are | ||||||
| 22 | placed on an approved monitoring device as a
condition | ||||||
| 23 | of probation or conditional discharge, the court shall | ||||||
| 24 | impose a
reasonable fee for each day of the use of the | ||||||
| 25 | device, as established by the
county board in | ||||||
| 26 | subsection (g) of this Section, unless after | ||||||
| |||||||
| |||||||
| 1 | determining the
inability of the offender to pay the | ||||||
| 2 | fee, the court assesses a lesser fee or no
fee as the | ||||||
| 3 | case may be. This fee shall be imposed in addition to | ||||||
| 4 | the fees
imposed under subsections (g) and (i) of this | ||||||
| 5 | Section. The fee shall be
collected by the clerk of the | ||||||
| 6 | circuit court, except as provided in an administrative | ||||||
| 7 | order of the Chief Judge of the circuit court. The | ||||||
| 8 | clerk of the circuit
court shall pay all monies | ||||||
| 9 | collected from this fee to the county treasurer
for | ||||||
| 10 | deposit in the substance abuse services fund under | ||||||
| 11 | Section 5-1086.1 of
the Counties Code, except as | ||||||
| 12 | provided in an administrative order of the Chief Judge | ||||||
| 13 | of the circuit court. | ||||||
| 14 | The Chief Judge of the circuit court of the county | ||||||
| 15 | may by administrative order establish a program for | ||||||
| 16 | electronic monitoring of offenders, in which a vendor | ||||||
| 17 | supplies and monitors the operation of the electronic | ||||||
| 18 | monitoring device, and collects the fees on behalf of | ||||||
| 19 | the county. The program shall include provisions for | ||||||
| 20 | indigent offenders and the collection of unpaid fees. | ||||||
| 21 | The program shall not unduly burden the offender and | ||||||
| 22 | shall be subject to review by the Chief Judge. | ||||||
| 23 | The Chief Judge of the circuit court may suspend | ||||||
| 24 | any additional charges or fees for late payment, | ||||||
| 25 | interest, or damage to any device; and
| ||||||
| 26 | (v) for persons convicted of offenses other than | ||||||
| |||||||
| |||||||
| 1 | those referenced in
clause (iv) above and who are | ||||||
| 2 | placed on an approved monitoring device as a
condition | ||||||
| 3 | of probation or conditional discharge, the court shall | ||||||
| 4 | impose
a reasonable fee for each day of the use of the | ||||||
| 5 | device, as established by the
county board in | ||||||
| 6 | subsection (g) of this Section, unless after | ||||||
| 7 | determining the
inability of the defendant to pay the | ||||||
| 8 | fee, the court assesses a lesser fee or
no fee as the | ||||||
| 9 | case may be. This fee shall be imposed in addition to | ||||||
| 10 | the fees
imposed under subsections (g) and (i) of this | ||||||
| 11 | Section. The fee
shall be collected by the clerk of the | ||||||
| 12 | circuit court, except as provided in an administrative | ||||||
| 13 | order of the Chief Judge of the circuit court. The | ||||||
| 14 | clerk of the circuit
court shall pay all monies | ||||||
| 15 | collected from this fee
to the county treasurer who | ||||||
| 16 | shall use the monies collected to defray the
costs of | ||||||
| 17 | corrections. The county treasurer shall deposit the | ||||||
| 18 | fee
collected in the probation and court services fund.
| ||||||
| 19 | The Chief Judge of the circuit court of the county may | ||||||
| 20 | by administrative order establish a program for | ||||||
| 21 | electronic monitoring of offenders, in which a vendor | ||||||
| 22 | supplies and monitors the operation of the electronic | ||||||
| 23 | monitoring device, and collects the fees on behalf of | ||||||
| 24 | the county. The program shall include provisions for | ||||||
| 25 | indigent offenders and the collection of unpaid fees. | ||||||
| 26 | The program shall not unduly burden the offender and | ||||||
| |||||||
| |||||||
| 1 | shall be subject to review by the Chief Judge.
| ||||||
| 2 | The Chief Judge of the circuit court may suspend | ||||||
| 3 | any additional charges or fees for late payment, | ||||||
| 4 | interest, or damage to any device. | ||||||
| 5 | (11) comply with the terms and conditions of an order | ||||||
| 6 | of protection issued
by the court pursuant to the Illinois | ||||||
| 7 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
| 8 | or an order of protection issued by the court of
another | ||||||
| 9 | state, tribe, or United States territory. A copy of the | ||||||
| 10 | order of
protection shall be
transmitted to the probation | ||||||
| 11 | officer or agency
having responsibility for the case;
| ||||||
| 12 | (12) reimburse any "local anti-crime program" as | ||||||
| 13 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
| 14 | for any reasonable expenses incurred
by the program on the | ||||||
| 15 | offender's case, not to exceed the maximum amount of
the | ||||||
| 16 | fine authorized for the offense for which the defendant was | ||||||
| 17 | sentenced;
| ||||||
| 18 | (13) contribute a reasonable sum of money, not to | ||||||
| 19 | exceed the maximum
amount of the fine authorized for the
| ||||||
| 20 | offense for which the defendant was sentenced, (i) to a | ||||||
| 21 | "local anti-crime
program", as defined in Section 7 of the | ||||||
| 22 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
| 23 | the jurisdiction of the Department of Natural Resources, to | ||||||
| 24 | the fund established by the Department of Natural Resources | ||||||
| 25 | for the purchase of evidence for investigation purposes and | ||||||
| 26 | to conduct investigations as outlined in Section 805-105 of | ||||||
| |||||||
| |||||||
| 1 | the Department of Natural Resources (Conservation) Law;
| ||||||
| 2 | (14) refrain from entering into a designated | ||||||
| 3 | geographic area except upon
such terms as the court finds | ||||||
| 4 | appropriate. Such terms may include
consideration of the | ||||||
| 5 | purpose of the entry, the time of day, other persons
| ||||||
| 6 | accompanying the defendant, and advance approval by a
| ||||||
| 7 | probation officer, if
the defendant has been placed on | ||||||
| 8 | probation or advance approval by the
court, if the | ||||||
| 9 | defendant was placed on conditional discharge;
| ||||||
| 10 | (15) refrain from having any contact, directly or | ||||||
| 11 | indirectly, with
certain specified persons or particular | ||||||
| 12 | types of persons, including but not
limited to members of | ||||||
| 13 | street gangs and drug users or dealers;
| ||||||
| 14 | (16) refrain from having in his or her body the | ||||||
| 15 | presence of any illicit
drug prohibited by the Cannabis | ||||||
| 16 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
| 17 | Methamphetamine Control and Community Protection Act, | ||||||
| 18 | unless prescribed by a physician, and submit samples of
his | ||||||
| 19 | or her blood or urine or both for tests to determine the | ||||||
| 20 | presence of any
illicit drug;
| ||||||
| 21 | (17) if convicted for an offense committed on or after | ||||||
| 22 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| 23 | would qualify the accused as a child sex offender as | ||||||
| 24 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 25 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| 26 | communicating with or contacting, by means of the Internet, | ||||||
| |||||||
| |||||||
| 1 | a person who is related to the accused and whom the accused | ||||||
| 2 | reasonably believes to be under 18 years of age; for | ||||||
| 3 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
| 4 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
| 5 | 2012; and a person is related to the accused if the person | ||||||
| 6 | is: (i) the spouse, brother, or sister of the accused; (ii) | ||||||
| 7 | a descendant of the accused; (iii) a first or second cousin | ||||||
| 8 | of the accused; or (iv) a step-child or adopted child of | ||||||
| 9 | the accused; | ||||||
| 10 | (18) if convicted for an offense committed on or after | ||||||
| 11 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
| 12 | would qualify as a sex offense as defined in the Sex | ||||||
| 13 | Offender Registration Act: | ||||||
| 14 | (i) not access or use a computer or any other | ||||||
| 15 | device with Internet capability without the prior | ||||||
| 16 | written approval of the offender's probation officer, | ||||||
| 17 | except in connection with the offender's employment or | ||||||
| 18 | search for employment with the prior approval of the | ||||||
| 19 | offender's probation officer; | ||||||
| 20 | (ii) submit to periodic unannounced examinations | ||||||
| 21 | of the offender's computer or any other device with | ||||||
| 22 | Internet capability by the offender's probation | ||||||
| 23 | officer, a law enforcement officer, or assigned | ||||||
| 24 | computer or information technology specialist, | ||||||
| 25 | including the retrieval and copying of all data from | ||||||
| 26 | the computer or device and any internal or external | ||||||
| |||||||
| |||||||
| 1 | peripherals and removal of such information, | ||||||
| 2 | equipment, or device to conduct a more thorough | ||||||
| 3 | inspection; | ||||||
| 4 | (iii) submit to the installation on the offender's | ||||||
| 5 | computer or device with Internet capability, at the | ||||||
| 6 | subject's expense, of one or more hardware or software | ||||||
| 7 | systems to monitor the Internet use; and | ||||||
| 8 | (iv) submit to any other appropriate restrictions | ||||||
| 9 | concerning the offender's use of or access to a | ||||||
| 10 | computer or any other device with Internet capability | ||||||
| 11 | imposed by the offender's probation officer; and | ||||||
| 12 | (19) refrain from possessing a firearm or other | ||||||
| 13 | dangerous weapon where the offense is a misdemeanor that | ||||||
| 14 | did not involve the intentional or knowing infliction of | ||||||
| 15 | bodily harm or threat of bodily harm. | ||||||
| 16 | (c) The court may as a condition of probation or of | ||||||
| 17 | conditional
discharge require that a person under 18 years of | ||||||
| 18 | age found guilty of any
alcohol, cannabis or controlled | ||||||
| 19 | substance violation, refrain from acquiring
a driver's license | ||||||
| 20 | during
the period of probation or conditional discharge. If | ||||||
| 21 | such person
is in possession of a permit or license, the court | ||||||
| 22 | may require that
the minor refrain from driving or operating | ||||||
| 23 | any motor vehicle during the
period of probation or conditional | ||||||
| 24 | discharge, except as may be necessary in
the course of the | ||||||
| 25 | minor's lawful employment.
| ||||||
| 26 | (d) An offender sentenced to probation or to conditional | ||||||
| |||||||
| |||||||
| 1 | discharge
shall be given a certificate setting forth the | ||||||
| 2 | conditions thereof.
| ||||||
| 3 | (e) Except where the offender has committed a fourth or | ||||||
| 4 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
| 5 | Illinois Vehicle Code,
the court shall not require as a | ||||||
| 6 | condition of the sentence of
probation or conditional discharge | ||||||
| 7 | that the offender be committed to a
period of imprisonment in | ||||||
| 8 | excess of 6 months.
This 6-month limit shall not include | ||||||
| 9 | periods of confinement given pursuant to
a sentence of county | ||||||
| 10 | impact incarceration under Section 5-8-1.2.
| ||||||
| 11 | Persons committed to imprisonment as a condition of | ||||||
| 12 | probation or
conditional discharge shall not be committed to | ||||||
| 13 | the Department of
Corrections.
| ||||||
| 14 | (f) The court may combine a sentence of periodic | ||||||
| 15 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
| 16 | incarceration program under
Article 8 with a sentence of | ||||||
| 17 | probation or conditional discharge.
| ||||||
| 18 | (g) An offender sentenced to probation or to conditional | ||||||
| 19 | discharge and
who during the term of either undergoes mandatory | ||||||
| 20 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
| 21 | on an approved electronic monitoring
device, shall be ordered | ||||||
| 22 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
| 23 | testing, or both, and all costs
incidental to such approved | ||||||
| 24 | electronic monitoring in accordance with the
defendant's | ||||||
| 25 | ability to pay those costs. The county board with
the | ||||||
| 26 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
| |||||||
| |||||||
| 1 | the county is located shall establish reasonable fees for
the | ||||||
| 2 | cost of maintenance, testing, and incidental expenses related | ||||||
| 3 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
| 4 | costs incidental to
approved electronic monitoring, involved | ||||||
| 5 | in a successful probation program
for the county. The | ||||||
| 6 | concurrence of the Chief Judge shall be in the form of
an | ||||||
| 7 | administrative order.
The fees shall be collected by the clerk | ||||||
| 8 | of the circuit court, except as provided in an administrative | ||||||
| 9 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
| 10 | circuit court shall pay all moneys collected from these fees to | ||||||
| 11 | the county
treasurer who shall use the moneys collected to | ||||||
| 12 | defray the costs of
drug testing, alcohol testing, and | ||||||
| 13 | electronic monitoring.
The county treasurer shall deposit the | ||||||
| 14 | fees collected in the
county working cash fund under Section | ||||||
| 15 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
| 16 | may be.
The Chief Judge of the circuit court of the county may | ||||||
| 17 | by administrative order establish a program for electronic | ||||||
| 18 | monitoring of offenders, in which a vendor supplies and | ||||||
| 19 | monitors the operation of the electronic monitoring device, and | ||||||
| 20 | collects the fees on behalf of the county. The program shall | ||||||
| 21 | include provisions for indigent offenders and the collection of | ||||||
| 22 | unpaid fees. The program shall not unduly burden the offender | ||||||
| 23 | and shall be subject to review by the Chief Judge.
| ||||||
| 24 | The Chief Judge of the circuit court may suspend any | ||||||
| 25 | additional charges or fees for late payment, interest, or | ||||||
| 26 | damage to any device. | ||||||
| |||||||
| |||||||
| 1 | (h) Jurisdiction over an offender may be transferred from | ||||||
| 2 | the
sentencing court to the court of another circuit with the | ||||||
| 3 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
| 4 | jurisdiction are also
authorized in the same manner. The court | ||||||
| 5 | to which jurisdiction has been
transferred shall have the same | ||||||
| 6 | powers as the sentencing court.
The probation department within | ||||||
| 7 | the circuit to which jurisdiction has been transferred, or | ||||||
| 8 | which has agreed to provide supervision, may impose probation | ||||||
| 9 | fees upon receiving the transferred offender, as provided in | ||||||
| 10 | subsection (i). For all transfer cases, as defined in Section | ||||||
| 11 | 9b of the Probation and Probation Officers Act, the probation | ||||||
| 12 | department from the original sentencing court shall retain all | ||||||
| 13 | probation fees collected prior to the transfer. After the | ||||||
| 14 | transfer,
all probation fees shall be paid to the probation | ||||||
| 15 | department within the
circuit to which jurisdiction has been | ||||||
| 16 | transferred.
| ||||||
| 17 | (i) The court shall impose upon an offender
sentenced to | ||||||
| 18 | probation after January 1, 1989 or to conditional discharge
| ||||||
| 19 | after January 1, 1992 or to community service under the | ||||||
| 20 | supervision of a
probation or court services department after | ||||||
| 21 | January 1, 2004, as a condition of such probation or | ||||||
| 22 | conditional
discharge or supervised community service, a fee of | ||||||
| 23 | $50
for each month of probation or
conditional
discharge | ||||||
| 24 | supervision or supervised community service ordered by the | ||||||
| 25 | court, unless after
determining the inability of the person | ||||||
| 26 | sentenced to probation or conditional
discharge or supervised | ||||||
| |||||||
| |||||||
| 1 | community service to pay the
fee, the court assesses a lesser | ||||||
| 2 | fee. The court may not impose the fee on a
minor who is placed | ||||||
| 3 | in the guardianship or custody of the Department of Children | ||||||
| 4 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
| 5 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
| 6 | an offender who is actively supervised by the
probation and | ||||||
| 7 | court services
department. The fee shall be collected by the | ||||||
| 8 | clerk
of the circuit court. The clerk of the circuit court | ||||||
| 9 | shall pay all monies
collected from this fee to the county | ||||||
| 10 | treasurer for deposit in the
probation and court services fund | ||||||
| 11 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
| 12 | A circuit court may not impose a probation fee under this | ||||||
| 13 | subsection (i) in excess of $25
per month unless the circuit | ||||||
| 14 | court has adopted, by administrative
order issued by the chief | ||||||
| 15 | judge, a standard probation fee guide
determining an offender's | ||||||
| 16 | ability to pay. Of the
amount collected as a probation fee, up | ||||||
| 17 | to $5 of that fee
collected per month may be used to provide | ||||||
| 18 | services to crime victims
and their families. | ||||||
| 19 | The Court may only waive probation fees based on an | ||||||
| 20 | offender's ability to pay. The probation department may | ||||||
| 21 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
| 22 | with the approval of the Director of Court Services or the | ||||||
| 23 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
| 24 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
| 25 | offender that has been assigned to the supervision of a | ||||||
| 26 | probation department, or has been transferred either under | ||||||
| |||||||
| |||||||
| 1 | subsection (h) of this Section or under any interstate compact, | ||||||
| 2 | shall be required to pay probation fees to the department | ||||||
| 3 | supervising the offender, based on the offender's ability to | ||||||
| 4 | pay.
| ||||||
| 5 | Public Act 93-970 deletes the $10 increase in the fee under | ||||||
| 6 | this subsection that was imposed by Public Act 93-616. This | ||||||
| 7 | deletion is intended to control over any other Act of the 93rd | ||||||
| 8 | General Assembly that retains or incorporates that fee | ||||||
| 9 | increase. | ||||||
| 10 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
| 11 | of this Section, in the case of an offender convicted of a | ||||||
| 12 | felony sex offense (as defined in the Sex Offender Management | ||||||
| 13 | Board Act) or an offense that the court or probation department | ||||||
| 14 | has determined to be sexually motivated (as defined in the Sex | ||||||
| 15 | Offender Management Board Act), the court or the probation | ||||||
| 16 | department shall assess additional fees to pay for all costs of | ||||||
| 17 | treatment, assessment, evaluation for risk and treatment, and | ||||||
| 18 | monitoring the offender, based on that offender's ability to | ||||||
| 19 | pay those costs either as they occur or under a payment plan. | ||||||
| 20 | (j) All fines and costs imposed under this Section for any | ||||||
| 21 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 22 | Code, or a similar
provision of a local ordinance, and any | ||||||
| 23 | violation of the Child Passenger
Protection Act, or a similar | ||||||
| 24 | provision of a local ordinance, shall be
collected and | ||||||
| 25 | disbursed by the circuit clerk as provided under the Criminal | ||||||
| 26 | and Traffic Assessment Act.
| ||||||
| |||||||
| |||||||
| 1 | (k) Any offender who is sentenced to probation or | ||||||
| 2 | conditional discharge for a felony sex offense as defined in | ||||||
| 3 | the Sex Offender Management Board Act or any offense that the | ||||||
| 4 | court or probation department has determined to be sexually | ||||||
| 5 | motivated as defined in the Sex Offender Management Board Act | ||||||
| 6 | shall be required to refrain from any contact, directly or | ||||||
| 7 | indirectly, with any persons specified by the court and shall | ||||||
| 8 | be available for all evaluations and treatment programs | ||||||
| 9 | required by the court or the probation department.
| ||||||
| 10 | (l) The court may order an offender who is sentenced to | ||||||
| 11 | probation or conditional
discharge for a violation of an order | ||||||
| 12 | of protection be placed under electronic surveillance as | ||||||
| 13 | provided in Section 5-8A-7 of this Code. | ||||||
| 14 | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | ||||||
| 15 | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | ||||||
| 16 | 1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
| ||||||
| 17 | Section 640. The Private Detention Facility Moratorium Act | ||||||
| 18 | is amended by changing Sections 10 and 20 as follows:
| ||||||
| 19 | (730 ILCS 141/10)
| ||||||
| 20 | Sec. 10. Definition Definitions. In this Act, : "detention | ||||||
| 21 | Detention facility" means any building, facility, or structure | ||||||
| 22 | used to detain individuals, not including State work release | ||||||
| 23 | centers or juvenile or adult residential treatment facilities.
| ||||||
| 24 | (Source: P.A. 101-20, eff. 6-21-19; revised 7-23-19.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 141/20)
| ||||||
| 2 | Sec. 20. Exemptions. This Act does not prohibit the State, | ||||||
| 3 | a unit of local government, or any sheriff that owns, manages, | ||||||
| 4 | or operates a detention facility from contracting with a | ||||||
| 5 | private entity or person to provide ancillary services in that | ||||||
| 6 | facility, such as, medical services, food service, educational | ||||||
| 7 | services, or facility repair and maintenance.
| ||||||
| 8 | (Source: P.A. 101-20, eff. 6-21-19; revised 7-23-19.)
| ||||||
| 9 | Section 645. The Illinois Crime Reduction Act of 2009 is | ||||||
| 10 | amended by changing Section 10 as follows:
| ||||||
| 11 | (730 ILCS 190/10) | ||||||
| 12 | Sec. 10. Evidence-based programming.
| ||||||
| 13 | (a) Purpose. Research and practice have identified new | ||||||
| 14 | strategies and policies that can result in a significant | ||||||
| 15 | reduction in recidivism rates and the successful local | ||||||
| 16 | reintegration of offenders. The purpose of this Section is to | ||||||
| 17 | ensure that State and local agencies direct their resources to | ||||||
| 18 | services and programming that have been demonstrated to be | ||||||
| 19 | effective in reducing recidivism and reintegrating offenders | ||||||
| 20 | into the locality. | ||||||
| 21 | (b) Evidence-based programming in local supervision. | ||||||
| 22 | (1) The Parole Division of the Department of | ||||||
| 23 | Corrections and the Prisoner Review Board shall adopt | ||||||
| |||||||
| |||||||
| 1 | policies, rules, and regulations that, within the first | ||||||
| 2 | year of the adoption, validation, and utilization of the | ||||||
| 3 | statewide, standardized risk assessment tool described in | ||||||
| 4 | this Act, result in at least 25% of supervised individuals | ||||||
| 5 | being supervised in accordance with evidence-based | ||||||
| 6 | practices; within 3 years of the adoption, validation, and | ||||||
| 7 | utilization of the statewide, standardized risk assessment | ||||||
| 8 | tool result in at least 50% of supervised individuals being | ||||||
| 9 | supervised in accordance with evidence-based practices; | ||||||
| 10 | and within 5 years of the adoption, validation, and | ||||||
| 11 | utilization of the statewide, standardized risk assessment | ||||||
| 12 | tool result in at least 75% of supervised individuals being | ||||||
| 13 | supervised in accordance with evidence-based practices. | ||||||
| 14 | The policies, rules, and regulations shall: | ||||||
| 15 | (A) Provide for a standardized individual case | ||||||
| 16 | plan that follows the offender through the criminal | ||||||
| 17 | justice system (including in-prison if the supervised | ||||||
| 18 | individual is in prison) that is:
| ||||||
| 19 | (i) Based on the assets of the individual as | ||||||
| 20 | well as his or her risks and needs identified | ||||||
| 21 | through the assessment tool as described in this | ||||||
| 22 | Act. | ||||||
| 23 | (ii) Comprised of treatment and supervision | ||||||
| 24 | services appropriate to achieve the purpose of | ||||||
| 25 | this Act. | ||||||
| 26 | (iii) Consistently updated, based on program | ||||||
| |||||||
| |||||||
| 1 | participation by the supervised individual and | ||||||
| 2 | other behavior modification exhibited by the | ||||||
| 3 | supervised individual. | ||||||
| 4 | (B) Concentrate resources and services on | ||||||
| 5 | high-risk offenders. | ||||||
| 6 | (C) Provide for the use of evidence-based | ||||||
| 7 | programming related to education, job training, | ||||||
| 8 | cognitive behavioral therapy, and other programming | ||||||
| 9 | designed to reduce criminal behavior. | ||||||
| 10 | (D) Establish a system of graduated responses. | ||||||
| 11 | (i) The system shall set forth a menu of | ||||||
| 12 | presumptive responses for the most common types of | ||||||
| 13 | supervision violations.
| ||||||
| 14 | (ii) The system shall be guided by the model | ||||||
| 15 | list of intermediate sanctions created by the | ||||||
| 16 | Probation Services Division of the State of | ||||||
| 17 | Illinois pursuant to subsection (1) of Section 15 | ||||||
| 18 | of the Probation and Probation Officers Act and the | ||||||
| 19 | system of intermediate sanctions created by the | ||||||
| 20 | Chief Judge of each circuit court pursuant to | ||||||
| 21 | Section 5-6-1 of the Unified Code of Corrections. | ||||||
| 22 | (iii) The system of responses shall take into | ||||||
| 23 | account factors such as the severity of the current | ||||||
| 24 | violation; the supervised individual's risk level | ||||||
| 25 | as determined by a validated assessment tool | ||||||
| 26 | described in this Act; the supervised individual's | ||||||
| |||||||
| |||||||
| 1 | assets; his or her previous criminal record; and | ||||||
| 2 | the number and severity of any previous | ||||||
| 3 | supervision violations. | ||||||
| 4 | (iv) The system shall also define positive | ||||||
| 5 | reinforcements that supervised individuals may | ||||||
| 6 | receive for compliance with conditions of | ||||||
| 7 | supervision. | ||||||
| 8 | (v) Response to violations should be swift and | ||||||
| 9 | certain and should be imposed as soon as | ||||||
| 10 | practicable but no longer than 3 working days of | ||||||
| 11 | detection of the violation behavior. | ||||||
| 12 | (2) Conditions of local supervision (probation and | ||||||
| 13 | mandatory supervised release). Conditions of local | ||||||
| 14 | supervision whether imposed by a sentencing judge or the | ||||||
| 15 | Prisoner Review Board shall be imposed in accordance with | ||||||
| 16 | the offender's risks, assets, and needs as identified | ||||||
| 17 | through the assessment tool described in this Act. | ||||||
| 18 | (3) The Department of Corrections and the Prisoner | ||||||
| 19 | Review Board shall annually publish an exemplar copy of any | ||||||
| 20 | evidence-based assessments, questionnaires, or other | ||||||
| 21 | instruments used to set conditions of release. | ||||||
| 22 | (c) Evidence-based in-prison programming. | ||||||
| 23 | (1) The Department of Corrections shall adopt | ||||||
| 24 | policies, rules, and regulations that, within the first | ||||||
| 25 | year of the adoption, validation, and utilization of the | ||||||
| 26 | statewide, standardized risk assessment tool described in | ||||||
| |||||||
| |||||||
| 1 | this Act, result in at least 25% of incarcerated | ||||||
| 2 | individuals receiving services and programming in | ||||||
| 3 | accordance with evidence-based practices; within 3 years | ||||||
| 4 | of the adoption, validation, and utilization of the | ||||||
| 5 | statewide, standardized risk assessment tool result in at | ||||||
| 6 | least 50% of incarcerated individuals receiving services | ||||||
| 7 | and programming in accordance with evidence-based | ||||||
| 8 | practices; and within 5 years of the adoption, validation, | ||||||
| 9 | and utilization of the statewide, standardized risk | ||||||
| 10 | assessment tool result in at least 75% of incarcerated | ||||||
| 11 | individuals receiving services and programming in | ||||||
| 12 | accordance with evidence-based practices. The policies, | ||||||
| 13 | rules, and regulations shall: | ||||||
| 14 | (A) Provide for the use and development of a case | ||||||
| 15 | plan based on the risks, assets, and needs identified | ||||||
| 16 | through the assessment tool as described in this Act. | ||||||
| 17 | The case plan should be used to determine in-prison | ||||||
| 18 | programming; should be continuously updated based on | ||||||
| 19 | program participation by the prisoner and other | ||||||
| 20 | behavior modification exhibited by the prisoner; and | ||||||
| 21 | should be used when creating the case plan described in | ||||||
| 22 | subsection (b).
| ||||||
| 23 | (B) Provide for the use of evidence-based | ||||||
| 24 | programming related to education, job training, | ||||||
| 25 | cognitive behavioral therapy and other evidence-based | ||||||
| 26 | programming. | ||||||
| |||||||
| |||||||
| 1 | (C) Establish education programs based on a | ||||||
| 2 | teacher to student ratio of no more than 1:30. | ||||||
| 3 | (D) Expand the use of drug prisons, modeled after | ||||||
| 4 | the Sheridan Correctional Center, to provide | ||||||
| 5 | sufficient drug treatment and other support services | ||||||
| 6 | to non-violent inmates with a history of substance | ||||||
| 7 | abuse. | ||||||
| 8 | (2) Participation and completion of programming by | ||||||
| 9 | prisoners can impact earned time credit as determined under | ||||||
| 10 | Section 3-6-3 of the Unified Code of Corrections. | ||||||
| 11 | (3) The Department of Corrections shall provide its | ||||||
| 12 | employees with intensive and ongoing training and | ||||||
| 13 | professional development services to support the | ||||||
| 14 | implementation of evidence-based practices. The training | ||||||
| 15 | and professional development services shall include | ||||||
| 16 | assessment techniques, case planning, cognitive behavioral | ||||||
| 17 | training, risk reduction and intervention strategies, | ||||||
| 18 | effective communication skills, substance abuse treatment | ||||||
| 19 | education and other topics identified by the Department or | ||||||
| 20 | its employees. | ||||||
| 21 | (d) The Parole Division of the Department of Corrections | ||||||
| 22 | and the Prisoner Review Board shall provide their employees | ||||||
| 23 | with intensive and ongoing training and professional | ||||||
| 24 | development services to support the implementation of | ||||||
| 25 | evidence-based practices. The training and professional | ||||||
| 26 | development services shall include assessment techniques, case | ||||||
| |||||||
| |||||||
| 1 | planning, cognitive behavioral training, risk reduction and | ||||||
| 2 | intervention strategies, effective communication skills, | ||||||
| 3 | substance abuse treatment education, and other topics | ||||||
| 4 | identified by the agencies or their employees.
| ||||||
| 5 | (e) The Department of Corrections, the Prisoner Review | ||||||
| 6 | Board, and other correctional entities referenced in the | ||||||
| 7 | policies, rules, and regulations of this Act shall design, | ||||||
| 8 | implement, and make public a system to evaluate the | ||||||
| 9 | effectiveness of evidence-based practices in increasing public | ||||||
| 10 | safety and in successful reintegration of those under | ||||||
| 11 | supervision into the locality. Annually, each agency shall | ||||||
| 12 | submit to the Sentencing Policy Advisory Council a | ||||||
| 13 | comprehensive report on the success of implementing | ||||||
| 14 | evidence-based practices. The data compiled and analyzed by the | ||||||
| 15 | Council shall be delivered annually to the Governor and the | ||||||
| 16 | General Assembly.
| ||||||
| 17 | (f) The Department of Corrections and the Prisoner Review | ||||||
| 18 | Board shall release a report annually published on their | ||||||
| 19 | websites that reports the following information about the usage | ||||||
| 20 | of electronic monitoring and GPS monitoring as a condition of | ||||||
| 21 | parole and mandatory supervised release during the prior | ||||||
| 22 | calendar year: | ||||||
| 23 | (1) demographic data of individuals on electronic | ||||||
| 24 | monitoring and GPS monitoring, separated by the following | ||||||
| 25 | categories: | ||||||
| 26 | (A) race or ethnicity; | ||||||
| |||||||
| |||||||
| 1 | (B) gender; and | ||||||
| 2 | (C) age; | ||||||
| 3 | (2) incarceration data of individuals subject to | ||||||
| 4 | conditions of electronic or GPS monitoring, separated by | ||||||
| 5 | the following categories: | ||||||
| 6 | (A) highest class of offense for which the | ||||||
| 7 | individuals are is currently serving a term of release; | ||||||
| 8 | and | ||||||
| 9 | (B) length of imprisonment served prior to the | ||||||
| 10 | current release period; | ||||||
| 11 | (3) the number of individuals subject to conditions of | ||||||
| 12 | electronic or GPS monitoring, separated by the following | ||||||
| 13 | categories: | ||||||
| 14 | (A) the number of individuals subject to | ||||||
| 15 | monitoring under Section 5-8A-6 of the Unified Code of | ||||||
| 16 | Corrections; | ||||||
| 17 | (B) the number of individuals subject monitoring | ||||||
| 18 | under Section 5-8A-7 of the Unified Code of | ||||||
| 19 | Corrections; | ||||||
| 20 | (C) the number of individuals subject to | ||||||
| 21 | monitoring under a discretionary order of the Prisoner | ||||||
| 22 | Review Board at the time of their release; and | ||||||
| 23 | (D) the number of individuals subject to | ||||||
| 24 | monitoring as a sanction for violations of parole or | ||||||
| 25 | mandatory supervised release, separated by the | ||||||
| 26 | following categories: | ||||||
| |||||||
| |||||||
| 1 | (i) the number of individuals subject to | ||||||
| 2 | monitoring as part of a graduated sanctions | ||||||
| 3 | program; and | ||||||
| 4 | (ii) the number of individuals subject to | ||||||
| 5 | monitoring as a new condition of re-release after a | ||||||
| 6 | revocation hearing before the Prisoner Review | ||||||
| 7 | Board; | ||||||
| 8 | (4) the number of discretionary monitoring orders | ||||||
| 9 | issued by the Prisoner Review Board, separated by the | ||||||
| 10 | following categories: | ||||||
| 11 | (A) less than 30 days; | ||||||
| 12 | (B) 31 to 60 days; | ||||||
| 13 | (C) 61 to 90 days; | ||||||
| 14 | (D) 91 to 120 days; | ||||||
| 15 | (E) 121 to 150 days; | ||||||
| 16 | (F) 151 to 180 days; | ||||||
| 17 | (G) 181 to 364 days; | ||||||
| 18 | (H) 365 days or more; and | ||||||
| 19 | (I) duration of release term; | ||||||
| 20 | (5) the number of discretionary monitoring orders by | ||||||
| 21 | the Board which removed or terminated monitoring prior to | ||||||
| 22 | the completion of the original period ordered; | ||||||
| 23 | (6) the number and severity category for sanctions | ||||||
| 24 | imposed on individuals on electronic or GPS monitoring, | ||||||
| 25 | separated by the following categories: | ||||||
| 26 | (A) absconding from electronic monitoring or GPS; | ||||||
| |||||||
| |||||||
| 1 | (B) tampering or removing the electronic | ||||||
| 2 | monitoring or GPS device; | ||||||
| 3 | (C) unauthorized leaving of the residence; | ||||||
| 4 | (D) presence of the individual in a prohibited | ||||||
| 5 | area; or | ||||||
| 6 | (E) other violations of the terms of the electronic | ||||||
| 7 | monitoring program; | ||||||
| 8 | (7) the number of individuals for whom a parole | ||||||
| 9 | revocation case was filed for failure to comply with the | ||||||
| 10 | terms of electronic or GPS monitoring, separated by the | ||||||
| 11 | following categories: | ||||||
| 12 | (A) cases when failure to comply with the terms of | ||||||
| 13 | monitoring was the sole violation alleged; and | ||||||
| 14 | (B) cases when failure to comply with the terms of | ||||||
| 15 | monitoring was alleged in conjunction with other | ||||||
| 16 | alleged violations; | ||||||
| 17 | (8) residential data for individuals subject to | ||||||
| 18 | electronic or GPS monitoring, separated by the following | ||||||
| 19 | categories: | ||||||
| 20 | (A) the county of the residence address for | ||||||
| 21 | individuals subject to electronic or GPS monitoring as | ||||||
| 22 | a condition of their release; and | ||||||
| 23 | (B) for counties with a population over 3,000,000, | ||||||
| 24 | the zip codes of the residence address for individuals | ||||||
| 25 | subject to electronic or GPS monitoring as a condition | ||||||
| 26 | of their release; | ||||||
| |||||||
| |||||||
| 1 | (9) the number of individuals for whom parole | ||||||
| 2 | revocation cases were filed due to violations of paragraph | ||||||
| 3 | (1) of subsection (a) of Section 3-3-7 of the Unified Code | ||||||
| 4 | of Corrections, separated by the following categories: | ||||||
| 5 | (A) the number of individuals whose violation of | ||||||
| 6 | paragraph (1) of subsection (a) of Section 3-3-7 of the | ||||||
| 7 | Unified Code of Corrections allegedly occurred while | ||||||
| 8 | the individual was subject to conditions of electronic | ||||||
| 9 | or GPS monitoring; | ||||||
| 10 | (B) the number of individuals who had violations of | ||||||
| 11 | paragraph (1) of subsection (a) of Section 3-3-7 of the | ||||||
| 12 | Unified Code of Corrections alleged against them who | ||||||
| 13 | were never subject to electronic or GPS monitoring | ||||||
| 14 | during their current term of release; and | ||||||
| 15 | (C) the number of individuals who had violations of | ||||||
| 16 | paragraph (1) of subsection (a) of Section 3-3-7 of the | ||||||
| 17 | Unified Code of Corrections alleged against them who | ||||||
| 18 | were subject to electronic or GPS monitoring for any | ||||||
| 19 | period of time during their current term of their | ||||||
| 20 | release, but who were not subject to such monitoring at | ||||||
| 21 | the time of the alleged violation of paragraph (1) of | ||||||
| 22 | subsection (a) of Section 3-3-7 of the Unified Code of | ||||||
| 23 | Corrections. | ||||||
| 24 | (Source: P.A. 101-231, eff. 1-1-20; revised 9-12-19.)
| ||||||
| 25 | Section 650. The Code of Civil Procedure is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 2-1401, 5-105, 8-301, and 20-104 and the | ||||||
| 2 | heading of Article VIII Pt. 3 as follows:
| ||||||
| 3 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| ||||||
| 4 | Sec. 2-1401. Relief from judgments.
| ||||||
| 5 | (a) Relief from final orders and judgments, after 30 days | ||||||
| 6 | from the
entry thereof, may be had upon petition as provided in | ||||||
| 7 | this Section.
Writs of error coram nobis and coram vobis, bills | ||||||
| 8 | of review and bills
in the nature of bills of review are | ||||||
| 9 | abolished. All relief heretofore
obtainable and the grounds for | ||||||
| 10 | such relief heretofore available,
whether by any of the | ||||||
| 11 | foregoing remedies or otherwise, shall be
available in every | ||||||
| 12 | case, by proceedings hereunder, regardless of the
nature of the | ||||||
| 13 | order or judgment from which relief is sought or of the
| ||||||
| 14 | proceedings in which it was entered. Except as provided in the | ||||||
| 15 | Illinois Parentage Act of 2015, there shall be no distinction
| ||||||
| 16 | between actions and other proceedings, statutory or otherwise, | ||||||
| 17 | as to
availability of relief, grounds for relief or the relief | ||||||
| 18 | obtainable.
| ||||||
| 19 | (b) The petition must be filed in the same proceeding in | ||||||
| 20 | which the
order or judgment was entered but is not a | ||||||
| 21 | continuation thereof. The
petition must be supported by | ||||||
| 22 | affidavit or other appropriate showing as
to matters not of | ||||||
| 23 | record. A petition to reopen a foreclosure proceeding must | ||||||
| 24 | include as parties to the petition, but is not limited to, all | ||||||
| 25 | parties in the original action in addition to the current | ||||||
| |||||||
| |||||||
| 1 | record title holders of the property, current occupants, and | ||||||
| 2 | any individual or entity that had a recorded interest in the | ||||||
| 3 | property before the filing of the petition. All parties to the | ||||||
| 4 | petition shall be notified
as provided by rule.
| ||||||
| 5 | (b-5) A movant may present a meritorious claim under this | ||||||
| 6 | Section if the allegations in the petition establish each of | ||||||
| 7 | the following by a preponderance of the evidence: | ||||||
| 8 | (1) the movant was convicted of a forcible felony; | ||||||
| 9 | (2) the movant's participation in the offense was | ||||||
| 10 | related to him or her previously having been a victim of | ||||||
| 11 | domestic violence as perpetrated by an intimate partner; | ||||||
| 12 | (3) no evidence of domestic violence against the movant | ||||||
| 13 | was presented at the movant's sentencing hearing; | ||||||
| 14 | (4) the movant was unaware of the mitigating nature of | ||||||
| 15 | the evidence of the domestic violence at the time of | ||||||
| 16 | sentencing and could not have learned of its significance | ||||||
| 17 | sooner through diligence; and | ||||||
| 18 | (5) the new evidence of domestic violence against the | ||||||
| 19 | movant is material and noncumulative to other evidence | ||||||
| 20 | offered at the sentencing hearing, and is of such a | ||||||
| 21 | conclusive character that it would likely change the | ||||||
| 22 | sentence imposed by the original trial court. | ||||||
| 23 | Nothing in this subsection (b-5) shall prevent a movant | ||||||
| 24 | from applying for any other relief under this Section or any | ||||||
| 25 | other law otherwise available to him or her. | ||||||
| 26 | As used in this subsection (b-5): | ||||||
| |||||||
| |||||||
| 1 | "Domestic violence" means abuse as defined in Section | ||||||
| 2 | 103
of the Illinois Domestic Violence Act of 1986. | ||||||
| 3 | "Forcible felony" has the meaning ascribed to the term | ||||||
| 4 | in
Section 2-8 of the Criminal Code of 2012. | ||||||
| 5 | "Intimate partner" means a spouse or former spouse, | ||||||
| 6 | persons
who have or allegedly have had a child in common, | ||||||
| 7 | or persons who
have or have had a dating or engagement | ||||||
| 8 | relationship. | ||||||
| 9 | (b-10) A movant may present a meritorious claim under this | ||||||
| 10 | Section if the allegations in the petition establish each of | ||||||
| 11 | the following by a preponderance of the evidence: | ||||||
| 12 | (A) she was convicted of a forcible felony; | ||||||
| 13 | (B) her participation in the offense was a direct | ||||||
| 14 | result of her suffering from post-partum depression or | ||||||
| 15 | post-partum psychosis; | ||||||
| 16 | (C) no evidence of post-partum depression or | ||||||
| 17 | post-partum psychosis was presented by a qualified medical | ||||||
| 18 | person at trial or sentencing, or both; | ||||||
| 19 | (D) she was unaware of the mitigating nature of the | ||||||
| 20 | evidence or, if aware, was at the time unable to present | ||||||
| 21 | this defense due to suffering from post-partum depression | ||||||
| 22 | or post-partum psychosis, or, at the time of trial or | ||||||
| 23 | sentencing, neither was a recognized mental illness and as | ||||||
| 24 | such, she was unable to receive proper treatment;
and | ||||||
| 25 | (E) evidence of post-partum depression or post-partum | ||||||
| 26 | psychosis as suffered by the person is material and | ||||||
| |||||||
| |||||||
| 1 | noncumulative to other evidence offered at the time of | ||||||
| 2 | trial or sentencing, and it is of such a conclusive | ||||||
| 3 | character that it would likely change the sentence imposed | ||||||
| 4 | by the original court. | ||||||
| 5 | Nothing in this subsection (b-10) prevents a person from | ||||||
| 6 | applying for any other relief under this Article or any other | ||||||
| 7 | law otherwise available to her. | ||||||
| 8 | As used in this subsection (b-10): | ||||||
| 9 | "Post-partum depression" means a mood disorder which | ||||||
| 10 | strikes many women during and after pregnancy and usually | ||||||
| 11 | occurs during pregnancy and up to 12 months after delivery. | ||||||
| 12 | This depression can include anxiety disorders. | ||||||
| 13 | "Post-partum psychosis" means an extreme form of | ||||||
| 14 | post-partum depression which can occur during pregnancy | ||||||
| 15 | and up to 12 months after delivery. This can include losing | ||||||
| 16 | touch with reality, distorted thinking, delusions, | ||||||
| 17 | auditory and visual hallucinations, paranoia, | ||||||
| 18 | hyperactivity and rapid speech, or mania. | ||||||
| 19 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
| 20 | and Section
2-32 of the Juvenile Court Act of 1987 or in a | ||||||
| 21 | petition based
upon Section 116-3 of the Code of Criminal | ||||||
| 22 | Procedure of 1963 or subsection (b-10) of this Section, or in a | ||||||
| 23 | motion to vacate and expunge convictions under the Cannabis | ||||||
| 24 | Control Act as provided by subsection (i) of Section 5.2 of the | ||||||
| 25 | Criminal Identification Act, the petition
must be filed not | ||||||
| 26 | later than 2 years after the entry of the order or judgment.
| ||||||
| |||||||
| |||||||
| 1 | Time during which the person seeking relief is under legal | ||||||
| 2 | disability or
duress or the ground for relief is fraudulently | ||||||
| 3 | concealed shall be excluded
in computing the period of 2 years.
| ||||||
| 4 | (d) The filing of a petition under this Section does not | ||||||
| 5 | affect the
order or judgment, or suspend its operation.
| ||||||
| 6 | (e) Unless lack of jurisdiction affirmatively appears from | ||||||
| 7 | the
record proper, the vacation or modification of an order or | ||||||
| 8 | judgment
pursuant to the provisions of this Section does not | ||||||
| 9 | affect the right,
title or interest in or to any real or | ||||||
| 10 | personal property of any person,
not a party to the original | ||||||
| 11 | action, acquired for value after the entry
of the order or | ||||||
| 12 | judgment but before the filing of the petition, nor
affect any | ||||||
| 13 | right of any person not a party to the original action under
| ||||||
| 14 | any certificate of sale issued before the filing of the | ||||||
| 15 | petition,
pursuant to a sale based on the order or judgment. | ||||||
| 16 | When a petition is filed pursuant to this Section to reopen a | ||||||
| 17 | foreclosure proceeding, notwithstanding the provisions of | ||||||
| 18 | Section 15-1701 of this Code, the purchaser or successor | ||||||
| 19 | purchaser of real property subject to a foreclosure sale who | ||||||
| 20 | was not a party to the mortgage foreclosure proceedings is | ||||||
| 21 | entitled to remain in possession of the property until the | ||||||
| 22 | foreclosure action is defeated or the previously foreclosed | ||||||
| 23 | defendant redeems from the foreclosure sale if the purchaser | ||||||
| 24 | has been in possession of the property for more than 6 months.
| ||||||
| 25 | (f) Nothing contained in this Section affects any existing | ||||||
| 26 | right to
relief from a void order or judgment, or to employ any | ||||||
| |||||||
| |||||||
| 1 | existing method
to procure that relief.
| ||||||
| 2 | (Source: P.A. 100-1048, eff. 8-23-18; 101-27, eff. 6-25-19; | ||||||
| 3 | 101-411, eff. 8-16-19; revised 9-17-19.)
| ||||||
| 4 | (735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
| ||||||
| 5 | Sec. 5-105. Waiver of court fees, costs, and charges.
| ||||||
| 6 | (a) As used in this Section:
| ||||||
| 7 | (1) "Fees, costs, and charges" means payments imposed | ||||||
| 8 | on a party in
connection with the prosecution or defense of | ||||||
| 9 | a civil action, including, but
not limited to: fees set | ||||||
| 10 | forth in Section 27.1b of the Clerks of Courts Act; fees | ||||||
| 11 | for service of process and
other papers served either | ||||||
| 12 | within or outside this State, including service by
| ||||||
| 13 | publication pursuant to Section 2-206 of this Code and | ||||||
| 14 | publication of necessary
legal notices; motion fees; | ||||||
| 15 | charges for participation in, or
attendance at, any | ||||||
| 16 | mandatory process or procedure including, but not limited
| ||||||
| 17 | to, conciliation, mediation, arbitration, counseling, | ||||||
| 18 | evaluation, "Children
First", "Focus on Children" or | ||||||
| 19 | similar programs; fees for supplementary
proceedings; | ||||||
| 20 | charges for translation services; guardian ad litem fees;
| ||||||
| 21 | and all other processes and
procedures deemed by the court | ||||||
| 22 | to be necessary to commence, prosecute, defend,
or enforce | ||||||
| 23 | relief in a
civil action.
| ||||||
| 24 | (2) "Indigent person" means any person who meets one or | ||||||
| 25 | more of the
following criteria:
| ||||||
| |||||||
| |||||||
| 1 | (i) He or she is receiving assistance under one or | ||||||
| 2 | more of the
following means-based
governmental public | ||||||
| 3 | benefits programs: Supplemental Security Income (SSI), | ||||||
| 4 | Aid to the Aged,
Blind and Disabled (AABD), Temporary | ||||||
| 5 | Assistance for Needy Families (TANF), Supplemental | ||||||
| 6 | Nutrition Assistance Program (SNAP), General | ||||||
| 7 | Assistance, Transitional Assistance, or State Children
| ||||||
| 8 | and Family Assistance.
| ||||||
| 9 | (ii) His or her available personal income is 125% | ||||||
| 10 | or less of the current
poverty
level, unless the | ||||||
| 11 | applicant's assets that are not exempt under Part 9 or | ||||||
| 12 | 10
of Article XII of this Code are of a nature and | ||||||
| 13 | value that the court determines
that the applicant is | ||||||
| 14 | able to pay the fees, costs, and charges.
| ||||||
| 15 | (iii) He or she is, in the discretion of the court, | ||||||
| 16 | unable to proceed
in
an action without payment of fees, | ||||||
| 17 | costs, and charges and whose payment of
those
fees, | ||||||
| 18 | costs, and charges would result in substantial | ||||||
| 19 | hardship to the person or
his or her family.
| ||||||
| 20 | (iv) He or she is an indigent person pursuant to | ||||||
| 21 | Section 5-105.5 of this
Code.
| ||||||
| 22 | (3) "Poverty level" means the current poverty level as | ||||||
| 23 | established by the United States Department of Health and | ||||||
| 24 | Human Services. | ||||||
| 25 | (b) On the application of any person, before or after the | ||||||
| 26 | commencement of
an action: | ||||||
| |||||||
| |||||||
| 1 | (1) If the court finds that the applicant is an | ||||||
| 2 | indigent person, the court shall
grant the applicant a full | ||||||
| 3 | fees, costs, and charges waiver entitling him or her to sue | ||||||
| 4 | or defend the action without payment of any of the
fees, | ||||||
| 5 | costs, and charges. | ||||||
| 6 | (2) If the court finds that the applicant satisfies any | ||||||
| 7 | of the criteria contained in items (i), (ii), or (iii) of | ||||||
| 8 | this subdivision (b)(2), the court shall grant the | ||||||
| 9 | applicant a partial fees, costs, and charges waiver | ||||||
| 10 | entitling him or her to sue or defend the action upon | ||||||
| 11 | payment of the applicable percentage of the assessments, | ||||||
| 12 | costs, and charges of the action, as follows: | ||||||
| 13 | (i) the court shall waive 75% of all fees, costs, | ||||||
| 14 | and charges if the available income of the applicant is | ||||||
| 15 | greater than 125% but does not exceed 150% of the | ||||||
| 16 | poverty level, unless the assets of the applicant that | ||||||
| 17 | are not exempt under Part 9 or 10 of Article XII of | ||||||
| 18 | this Code are such that the applicant is able, without | ||||||
| 19 | undue hardship, to pay a greater portion of the fees, | ||||||
| 20 | costs, and charges; | ||||||
| 21 | (ii) the court shall waive 50% of all fees, costs, | ||||||
| 22 | and charges if the available income is greater than | ||||||
| 23 | 150% but does not exceed 175% of the poverty level, | ||||||
| 24 | unless the assets of the applicant that are not exempt | ||||||
| 25 | under Part 9 or 10 of Article XII of this Code are such | ||||||
| 26 | that the applicant is able, without undue hardship, to | ||||||
| |||||||
| |||||||
| 1 | pay a greater portion of the fees, costs, and charges; | ||||||
| 2 | and | ||||||
| 3 | (iii) the court shall waive 25% of all fees, costs, | ||||||
| 4 | and charges if the available income of the applicant is | ||||||
| 5 | greater than 175% but does not exceed 200% of the | ||||||
| 6 | current poverty level, unless the assets of the | ||||||
| 7 | applicant that are not exempt under Part 9 or 10 of | ||||||
| 8 | Article XII of this Code are such that the applicant is | ||||||
| 9 | able, without undue hardship, to pay a greater portion | ||||||
| 10 | of the fees, costs, and charges.
| ||||||
| 11 | (c) An application for waiver of court fees, costs, and | ||||||
| 12 | charges
shall be in writing and signed by the applicant, or, if | ||||||
| 13 | the
applicant is a minor or an incompetent adult, by another
| ||||||
| 14 | person having knowledge of the facts. The contents of the | ||||||
| 15 | application for waiver of court fees, costs, and charges, and | ||||||
| 16 | the procedure for the decision of the applications, shall be
| ||||||
| 17 | established by Supreme Court Rule. Factors to consider in | ||||||
| 18 | evaluating an application shall include: | ||||||
| 19 | (1) the applicant's receipt of needs based | ||||||
| 20 | governmental public benefits, including Supplemental | ||||||
| 21 | Security Income (SSI); Aid to the Aged, Blind and Disabled | ||||||
| 22 | (AABD ADBD); Temporary Assistance for Needy Families | ||||||
| 23 | (TANF); Supplemental Nutrition Assistance Program (SNAP or | ||||||
| 24 | "food stamps"); General Assistance; Transitional | ||||||
| 25 | Assistance; or State Children and Family Assistance; | ||||||
| 26 | (2) the employment status of the applicant and amount | ||||||
| |||||||
| |||||||
| 1 | of monthly income, if any; | ||||||
| 2 | (3) income received from the applicant's pension, | ||||||
| 3 | Social Security benefits, unemployment benefits, and other | ||||||
| 4 | sources; | ||||||
| 5 | (4) income received by the applicant from other | ||||||
| 6 | household members; | ||||||
| 7 | (5) the applicant's monthly expenses, including rent, | ||||||
| 8 | home mortgage, other mortgage, utilities, food, medical, | ||||||
| 9 | vehicle, childcare, debts, child support, and other | ||||||
| 10 | expenses; and | ||||||
| 11 | (6) financial affidavits or other similar supporting | ||||||
| 12 | documentation provided by the applicant showing that | ||||||
| 13 | payment of the imposed fees, costs, and charges would | ||||||
| 14 | result in substantial hardship to the applicant or the | ||||||
| 15 | applicant's family. | ||||||
| 16 | (c-5) The court shall provide, through the
office of the | ||||||
| 17 | clerk of the court, the application for waiver of court fees, | ||||||
| 18 | costs, and charges to any person
seeking to sue or defend an | ||||||
| 19 | action who indicates an inability to pay the fees,
costs, and | ||||||
| 20 | charges of the action. The clerk of the court shall post in
a | ||||||
| 21 | conspicuous place in the courthouse a notice no smaller than | ||||||
| 22 | 8.5 x 11 inches,
using no smaller than 30-point typeface | ||||||
| 23 | printed in English and in Spanish,
advising
the public that | ||||||
| 24 | they may ask the court for permission to sue or defend a civil
| ||||||
| 25 | action without payment of fees, costs, and charges. The notice | ||||||
| 26 | shall be
substantially as follows:
| ||||||
| |||||||
| |||||||
| 1 | "If you are unable to pay the fees, costs, and charges | ||||||
| 2 | of an action you may
ask the court to allow you to proceed | ||||||
| 3 | without paying them. Ask the clerk of
the court for forms."
| ||||||
| 4 | (d) (Blank).
| ||||||
| 5 | (e) The clerk of the court shall not refuse to accept and | ||||||
| 6 | file any
complaint,
appearance, or other paper presented by the | ||||||
| 7 | applicant if accompanied by an
application for waiver of court | ||||||
| 8 | fees, costs, and charges, and those papers shall be
considered | ||||||
| 9 | filed on the date the application is presented. If the | ||||||
| 10 | application
is denied or a partial fees, costs, and charges | ||||||
| 11 | waiver is granted, the order shall state a date certain by | ||||||
| 12 | which the necessary fees,
costs, and charges must be paid. For | ||||||
| 13 | good cause shown, the court may allow an
applicant who receives | ||||||
| 14 | a partial fees, costs, and charges waiver to defer payment of | ||||||
| 15 | fees, costs, and
charges, make installment payments, or make | ||||||
| 16 | payment upon reasonable terms and
conditions stated in the | ||||||
| 17 | order. The court may dismiss the claims or strike the defenses | ||||||
| 18 | of
any party failing to pay the fees, costs, and charges within | ||||||
| 19 | the time and in the
manner ordered by the court. A judicial | ||||||
| 20 | ruling on an application for waiver of court assessments does | ||||||
| 21 | not constitute a decision of a substantial issue in the case | ||||||
| 22 | under Section 2-1001 of this Code.
| ||||||
| 23 | (f) The order granting a full or partial fees, costs, and | ||||||
| 24 | charges waiver shall expire after one year. Upon expiration of | ||||||
| 25 | the waiver, or a reasonable period of time before expiration, | ||||||
| 26 | the party whose fees, costs, and charges were waived may file | ||||||
| |||||||
| |||||||
| 1 | another application for waiver and the court shall consider the | ||||||
| 2 | application in accordance with the applicable Supreme Court | ||||||
| 3 | Rule.
| ||||||
| 4 | (f-5) If, before or at the time of final disposition of the | ||||||
| 5 | case, the court obtains information, including information | ||||||
| 6 | from the court file, suggesting that a person whose fees, | ||||||
| 7 | costs, and charges were initially waived was not entitled to a | ||||||
| 8 | full or partial waiver at the time of application, the court | ||||||
| 9 | may require the person to appear at a court hearing by giving | ||||||
| 10 | the applicant no less than 10 days' written notice of the | ||||||
| 11 | hearing and the specific reasons why the initial waiver might | ||||||
| 12 | be reconsidered. The court may require the applicant to provide | ||||||
| 13 | reasonably available evidence, including financial | ||||||
| 14 | information, to support his or her eligibility for the waiver, | ||||||
| 15 | but the court shall not require submission of information that | ||||||
| 16 | is unrelated to the criteria for eligibility and application | ||||||
| 17 | requirements set forth in subdivision (b)(1) or (b)(2) of this | ||||||
| 18 | Section. If the court finds that the person was not initially | ||||||
| 19 | entitled to any waiver, the person shall pay all fees, costs, | ||||||
| 20 | and charges relating to the civil action, including any | ||||||
| 21 | previously waived fees, costs, and charges. The order may state | ||||||
| 22 | terms of payment in accordance with subsection (e). The court | ||||||
| 23 | shall not conduct a hearing under this subsection more often | ||||||
| 24 | than once every 6 months. | ||||||
| 25 | (f-10) If, before or at the time of final disposition of | ||||||
| 26 | the case, the court obtains information, including information | ||||||
| |||||||
| |||||||
| 1 | from the court file, suggesting that a person who received a | ||||||
| 2 | full or partial waiver has experienced a change in financial | ||||||
| 3 | condition so that he or she is no longer eligible for that | ||||||
| 4 | waiver, the court may require the person to appear at a court | ||||||
| 5 | hearing by giving the applicant no less than 10 days' written | ||||||
| 6 | notice of the hearing and the specific reasons why the waiver | ||||||
| 7 | might be reconsidered. The court may require the person to | ||||||
| 8 | provide reasonably available evidence, including financial | ||||||
| 9 | information, to support his or her continued eligibility for | ||||||
| 10 | the waiver, but shall not require submission of information | ||||||
| 11 | that is unrelated to the criteria for eligibility and | ||||||
| 12 | application requirements set forth in subdivisions (b)(1) and | ||||||
| 13 | (b)(2) of this Section. If the court enters an order finding | ||||||
| 14 | that the person is no longer entitled to a waiver, or is | ||||||
| 15 | entitled to a partial waiver different than that which the | ||||||
| 16 | person had previously received, the person shall pay the | ||||||
| 17 | requisite fees, costs, and charges from the date of the order | ||||||
| 18 | going forward. The order may state terms of payment in | ||||||
| 19 | accordance with subsection (e) of this Section. The court shall | ||||||
| 20 | not conduct a hearing under this subsection more often than | ||||||
| 21 | once every 6 months. | ||||||
| 22 | (g) A court, in its discretion, may appoint counsel to | ||||||
| 23 | represent an indigent
person, and that counsel shall perform | ||||||
| 24 | his or her duties without fees, charges,
or reward.
| ||||||
| 25 | (h) Nothing in this Section shall be construed to affect | ||||||
| 26 | the right of a
party to sue or defend an action in forma | ||||||
| |||||||
| |||||||
| 1 | pauperis without the payment of fees,
costs, charges, or the | ||||||
| 2 | right of a party to court-appointed counsel, as
authorized by | ||||||
| 3 | any other provision of law or by the rules of the Illinois
| ||||||
| 4 | Supreme Court. Nothing in this Section shall be construed to | ||||||
| 5 | limit the authority of a court to order another party to the | ||||||
| 6 | action to pay the fees, costs, and charges of the action.
| ||||||
| 7 | (h-5) If a party is represented by a civil legal services | ||||||
| 8 | provider or an attorney in a court-sponsored pro bono program | ||||||
| 9 | as defined in Section 5-105.5 of this Code, the attorney | ||||||
| 10 | representing that party shall file a certification with the | ||||||
| 11 | court in accordance with Supreme Court Rule 298 and that party | ||||||
| 12 | shall be allowed to sue or defend without payment of fees, | ||||||
| 13 | costs, and charges without filing an application under this | ||||||
| 14 | Section. | ||||||
| 15 | (h-10) (Blank). | ||||||
| 16 | (i) The provisions of this Section are severable under | ||||||
| 17 | Section 1.31 of the
Statute on Statutes.
| ||||||
| 18 | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; | ||||||
| 19 | 101-36, eff. 6-28-19; revised 8-6-19.)
| ||||||
| 20 | (735 ILCS 5/Art. VIII Pt. 3 heading) | ||||||
| 21 | Part 3. Surviving Partner or Joint Contractor Joint-Contractor
| ||||||
| 22 | (735 ILCS 5/8-301) (from Ch. 110, par. 8-301)
| ||||||
| 23 | Sec. 8-301. Surviving partner or joint contractor | ||||||
| 24 | joint-contractor. In any action or
proceeding by or against any | ||||||
| |||||||
| |||||||
| 1 | surviving
partner or partners, or joint contractor or joint | ||||||
| 2 | contractors, no adverse
party or person adversely interested in | ||||||
| 3 | the event thereof, shall, by
virtue of Section 8-101 of this | ||||||
| 4 | Act, be rendered a competent witness to
testify to any | ||||||
| 5 | admission or conversation by any deceased partner or
joint | ||||||
| 6 | contractor, unless some one or more of the surviving partners | ||||||
| 7 | or
joint contractors were also present at the time of such | ||||||
| 8 | admission or
conversation; and in every action or proceeding a | ||||||
| 9 | party to the
same who has contracted with an agent of the | ||||||
| 10 | adverse party - the agent
having since died - shall not be a | ||||||
| 11 | competent witness as to any admission
or conversation between | ||||||
| 12 | himself or herself and such agent, unless such admission or
| ||||||
| 13 | conversation with the deceased agent was had or made in the
| ||||||
| 14 | presence of a surviving agent or agents of such adverse party, | ||||||
| 15 | and then
only except where the conditions are such that under | ||||||
| 16 | the provisions of
Sections 8-201 and 8-401 of this Act he or | ||||||
| 17 | she would have been permitted to
testify if
the deceased person | ||||||
| 18 | had been a principal and not an agent.
| ||||||
| 19 | (Source: P.A. 82-280; revised 7-16-19.)
| ||||||
| 20 | (735 ILCS 5/20-104) (from Ch. 110, par. 20-104)
| ||||||
| 21 | Sec. 20-104.
(a) Before any action is instituted pursuant | ||||||
| 22 | to this Act,
the State or local governmental unit shall make a | ||||||
| 23 | good faith attempt to
collect amounts owed to it by using | ||||||
| 24 | informal procedures and methods. Civil
recoveries provided for | ||||||
| 25 | in this Article shall be
recoverable only: (1) in actions on | ||||||
| |||||||
| |||||||
| 1 | behalf of the State, by the Attorney
General; (2) in actions on | ||||||
| 2 | behalf of a municipality with a population over
500,000, by the | ||||||
| 3 | corporation counsel of such municipality; and (3) in
actions on | ||||||
| 4 | behalf of any other local governmental unit, by counsel
| ||||||
| 5 | designated by the local government unit or, if so requested by | ||||||
| 6 | the local
governmental unit and the state's attorney so agrees, | ||||||
| 7 | by the state's attorney.
However, nothing in clause (3) of this | ||||||
| 8 | subsection (a) shall affect
agreements made pursuant to the | ||||||
| 9 | State's Attorneys Attorney Appellate Prosecutor's
Act, as | ||||||
| 10 | amended. If the state's attorney of a county brings an action | ||||||
| 11 | on behalf
of another unit of local government pursuant to this | ||||||
| 12 | Section, the county
shall be reimbursed by the unit of local | ||||||
| 13 | government in an amount mutually
agreed upon before the action | ||||||
| 14 | is initiated.
| ||||||
| 15 | (b) Notwithstanding any other provision in this Section, | ||||||
| 16 | any private
citizen residing within the boundaries of the | ||||||
| 17 | governmental unit affected
may bring an action to recover the | ||||||
| 18 | damages authorized in this Article on behalf
of such | ||||||
| 19 | governmental unit if: (a) the citizen has sent a letter by
| ||||||
| 20 | certified mail, return receipt requested, to the appropriate | ||||||
| 21 | government
official stating his intention to file suit for | ||||||
| 22 | recovery under this Article and
(b) the appropriate | ||||||
| 23 | governmental official has not, within 60 days of the
date of | ||||||
| 24 | delivery on the citizen's return receipt, either instituted an
| ||||||
| 25 | action for recovery or sent notice to the citizen by
certified | ||||||
| 26 | mail, return receipt requested, that the official has arranged
| ||||||
| |||||||
| |||||||
| 1 | for a settlement with the party alleged to have illegally | ||||||
| 2 | obtained the
compensation or that the official intends to | ||||||
| 3 | commence suit within 60 days
of the date of the notice. A | ||||||
| 4 | denial by the official of the liability of
the party alleged | ||||||
| 5 | liable by the citizen, failure to have actually arranged
for a | ||||||
| 6 | settlement as stated, or failure to commence a suit within the
| ||||||
| 7 | designated period after having stated the intention in the | ||||||
| 8 | notice to do so
shall also permit the citizen to commence the | ||||||
| 9 | action.
| ||||||
| 10 | For purposes of this subsection (b), "appropriate | ||||||
| 11 | government official"
shall mean: (1) the Attorney General, | ||||||
| 12 | where the government unit alleged
damaged is the State; (2) the | ||||||
| 13 | corporation counsel where the government unit
alleged damaged | ||||||
| 14 | is a municipality with a population of over 500,000; and
(3) | ||||||
| 15 | the chief executive officer of any other local government unit | ||||||
| 16 | where
that unit is alleged damaged.
| ||||||
| 17 | Any private citizen commencing an action in compliance with | ||||||
| 18 | this
subsection which is reasonable and commenced in good faith | ||||||
| 19 | shall be
entitled to recover court costs and litigation | ||||||
| 20 | expenses, including
reasonable attorney's fees, from any | ||||||
| 21 | defendant found liable under this Article.
| ||||||
| 22 | (Source: P.A. 84-1462; revised 7-16-19.)
| ||||||
| 23 | Section 655. The Adoption Act is amended by changing | ||||||
| 24 | Section 1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
| 2 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
| 3 | context
otherwise requires:
| ||||||
| 4 | A. "Child" means a person under legal age subject to | ||||||
| 5 | adoption under
this Act.
| ||||||
| 6 | B. "Related child" means a child subject to adoption where | ||||||
| 7 | either or both of
the adopting parents stands in any of the | ||||||
| 8 | following relationships to the child
by blood, marriage, | ||||||
| 9 | adoption, or civil union: parent, grand-parent, | ||||||
| 10 | great-grandparent, brother, sister, step-parent,
| ||||||
| 11 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
| 12 | great-uncle,
great-aunt, first cousin, or second cousin. A | ||||||
| 13 | person is related to the child as a first cousin or second | ||||||
| 14 | cousin if they are both related to the same ancestor as either | ||||||
| 15 | grandchild or great-grandchild. A child whose parent has | ||||||
| 16 | executed
a consent to adoption, a surrender, or a waiver | ||||||
| 17 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
| 18 | denial of paternity pursuant to Section 12 of the Vital Records | ||||||
| 19 | Act or Section 12a of this Act, or whose parent has had his or | ||||||
| 20 | her parental rights
terminated, is not a related child to that | ||||||
| 21 | person, unless (1) the consent is
determined to be void or is | ||||||
| 22 | void pursuant to subsection O of Section 10 of this Act;
or (2) | ||||||
| 23 | the parent of the child executed a consent to adoption by a | ||||||
| 24 | specified person or persons pursuant to subsection A-1 of | ||||||
| 25 | Section 10 of this Act and a court of competent jurisdiction | ||||||
| 26 | finds that such consent is void; or (3) the order terminating | ||||||
| |||||||
| |||||||
| 1 | the parental rights of the parent is vacated by a court of | ||||||
| 2 | competent jurisdiction.
| ||||||
| 3 | C. "Agency" for the purpose of this Act means a public | ||||||
| 4 | child welfare agency
or a licensed child welfare agency.
| ||||||
| 5 | D. "Unfit person" means any person whom the court shall | ||||||
| 6 | find to be unfit
to have a child, without regard to the | ||||||
| 7 | likelihood that the child will be
placed for adoption. The | ||||||
| 8 | grounds of unfitness are any one or more
of the following, | ||||||
| 9 | except that a person shall not be considered an unfit
person | ||||||
| 10 | for the sole reason that the person has relinquished a child in
| ||||||
| 11 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
| 12 | (a) Abandonment of the child.
| ||||||
| 13 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
| 14 | (a-2) Abandonment of a newborn infant in any setting | ||||||
| 15 | where the evidence
suggests that the parent intended to | ||||||
| 16 | relinquish his or her parental rights.
| ||||||
| 17 | (b) Failure to maintain a reasonable degree of | ||||||
| 18 | interest, concern or
responsibility as to the child's | ||||||
| 19 | welfare.
| ||||||
| 20 | (c) Desertion of the child for more than 3 months next | ||||||
| 21 | preceding the
commencement of the Adoption proceeding.
| ||||||
| 22 | (d) Substantial neglect
of the
child if continuous or | ||||||
| 23 | repeated.
| ||||||
| 24 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
| 25 | of any child
residing in the household which resulted in | ||||||
| 26 | the death of that child.
| ||||||
| |||||||
| |||||||
| 1 | (e) Extreme or repeated cruelty to the child.
| ||||||
| 2 | (f) There is a rebuttable presumption, which can be | ||||||
| 3 | overcome only by clear and convincing evidence, that a | ||||||
| 4 | parent is unfit if:
| ||||||
| 5 | (1) Two or more findings of physical abuse have | ||||||
| 6 | been entered regarding any children under Section 2-21 | ||||||
| 7 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
| 8 | which was determined by the juvenile court
hearing the | ||||||
| 9 | matter to be supported by clear and convincing | ||||||
| 10 | evidence; or | ||||||
| 11 | (2) The parent has been convicted or found not | ||||||
| 12 | guilty by reason of insanity and the conviction or | ||||||
| 13 | finding resulted from the death of any child by | ||||||
| 14 | physical abuse; or
| ||||||
| 15 | (3) There is a finding of physical child abuse | ||||||
| 16 | resulting from the death of any
child under Section | ||||||
| 17 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
| 18 | No conviction or finding of delinquency pursuant to | ||||||
| 19 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
| 20 | considered a criminal conviction for the purpose of | ||||||
| 21 | applying any presumption under this item (f).
| ||||||
| 22 | (g) Failure to protect the child from conditions within | ||||||
| 23 | his environment
injurious to the child's welfare.
| ||||||
| 24 | (h) Other neglect of, or misconduct toward the child; | ||||||
| 25 | provided that in
making a finding of unfitness the court | ||||||
| 26 | hearing the adoption proceeding
shall not be bound by any | ||||||
| |||||||
| |||||||
| 1 | previous finding, order or judgment affecting
or | ||||||
| 2 | determining the rights of the parents toward the child | ||||||
| 3 | sought to be adopted
in any other proceeding except such | ||||||
| 4 | proceedings terminating parental rights
as shall be had | ||||||
| 5 | under either this Act, the Juvenile Court Act or
the | ||||||
| 6 | Juvenile Court Act of 1987.
| ||||||
| 7 | (i) Depravity. Conviction of any one of the following
| ||||||
| 8 | crimes shall create a presumption that a parent is depraved | ||||||
| 9 | which can be
overcome only by clear and convincing | ||||||
| 10 | evidence:
(1) first degree murder in violation of paragraph | ||||||
| 11 | (1) 1 or (2)
2 of subsection (a) of Section 9-1 of the | ||||||
| 12 | Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
| 13 | conviction
of second degree murder in violation of | ||||||
| 14 | subsection (a) of Section 9-2 of the
Criminal Code of 1961 | ||||||
| 15 | or the Criminal Code of 2012 of a parent of the child to be | ||||||
| 16 | adopted; (2)
first degree murder or second degree murder of | ||||||
| 17 | any child in
violation of the Criminal Code of 1961 or the | ||||||
| 18 | Criminal Code of 2012; (3)
attempt or conspiracy to commit | ||||||
| 19 | first degree murder or second degree murder
of any child in | ||||||
| 20 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
| 21 | of 2012; (4)
solicitation to commit murder of any child, | ||||||
| 22 | solicitation to
commit murder of any child for hire, or | ||||||
| 23 | solicitation to commit second
degree murder of any child in | ||||||
| 24 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
| 25 | of 2012; (5)
predatory criminal sexual assault of a child | ||||||
| 26 | in violation of
Section 11-1.40 or 12-14.1 of the Criminal | ||||||
| |||||||
| |||||||
| 1 | Code of 1961 or the Criminal Code of 2012; (6) heinous | ||||||
| 2 | battery of any child in violation of the Criminal Code of | ||||||
| 3 | 1961; (7) aggravated battery of any child in violation of | ||||||
| 4 | the Criminal Code of 1961 or the Criminal Code of 2012; (8) | ||||||
| 5 | any violation of Section 11-1.20 or Section 12-13 of the | ||||||
| 6 | Criminal Code of 1961 or the Criminal Code of 2012; (9) any | ||||||
| 7 | violation of subsection (a) of Section 11-1.50 or Section | ||||||
| 8 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 9 | 2012; (10) any violation of Section 11-9.1 of the Criminal | ||||||
| 10 | Code of 1961 or the Criminal Code of 2012; (11) any | ||||||
| 11 | violation of Section 11-9.1A of the Criminal Code of 1961 | ||||||
| 12 | or the Criminal Code of 2012; or (12) an offense in any | ||||||
| 13 | other state the elements of which are similar and bear a
| ||||||
| 14 | substantial relationship to any of the enumerated offenses | ||||||
| 15 | in this subsection (i).
| ||||||
| 16 | There is a rebuttable presumption that a parent is | ||||||
| 17 | depraved if the parent
has been criminally convicted of at | ||||||
| 18 | least 3 felonies under the laws of this
State or any other | ||||||
| 19 | state, or under federal law, or the criminal laws of any
| ||||||
| 20 | United States territory; and at least
one of these
| ||||||
| 21 | convictions took place within 5 years of the filing of the | ||||||
| 22 | petition or motion
seeking termination of parental rights.
| ||||||
| 23 | There is a rebuttable presumption that a parent is | ||||||
| 24 | depraved if that
parent
has
been criminally convicted of | ||||||
| 25 | either first or second degree murder of any person
as | ||||||
| 26 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
| |||||||
| |||||||
| 1 | of 2012 within 10 years of the filing date of
the petition | ||||||
| 2 | or motion to terminate parental rights. | ||||||
| 3 | No conviction or finding of delinquency pursuant to | ||||||
| 4 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
| 5 | considered a criminal conviction for the purpose of | ||||||
| 6 | applying any presumption under this item (i).
| ||||||
| 7 | (j) Open and notorious adultery or fornication.
| ||||||
| 8 | (j-1) (Blank).
| ||||||
| 9 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
| 10 | than those
prescribed by a physician, for at least one year | ||||||
| 11 | immediately
prior to the commencement of the unfitness | ||||||
| 12 | proceeding.
| ||||||
| 13 | There is a rebuttable presumption that a parent is | ||||||
| 14 | unfit under this
subsection
with respect to any child to | ||||||
| 15 | which that parent gives birth where there is a
confirmed
| ||||||
| 16 | test result that at birth the child's blood, urine, or | ||||||
| 17 | meconium contained any
amount of a controlled substance as | ||||||
| 18 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
| 19 | Controlled Substances Act or metabolites of such | ||||||
| 20 | substances, the
presence of which in the newborn infant was | ||||||
| 21 | not the result of medical treatment
administered to the | ||||||
| 22 | mother or the newborn infant; and the biological mother of
| ||||||
| 23 | this child is the biological mother of at least one other | ||||||
| 24 | child who was
adjudicated a neglected minor under | ||||||
| 25 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
| 26 | 1987.
| ||||||
| |||||||
| |||||||
| 1 | (l) Failure to demonstrate a reasonable degree of | ||||||
| 2 | interest, concern or
responsibility as to the welfare of a | ||||||
| 3 | new born child during the first 30
days after its birth.
| ||||||
| 4 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
| 5 | to correct the
conditions that were the basis for the | ||||||
| 6 | removal of the child from the
parent during any 9-month | ||||||
| 7 | period following the adjudication of neglected or abused | ||||||
| 8 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
| 9 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
| 10 | to make reasonable progress
toward the return of the
child | ||||||
| 11 | to the parent during any 9-month period following the | ||||||
| 12 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
| 13 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
| 14 | Section 2-4 of that Act.
If a service plan has been | ||||||
| 15 | established as
required under
Section 8.2 of the Abused and | ||||||
| 16 | Neglected Child Reporting Act to correct the
conditions | ||||||
| 17 | that were the basis for the removal of the child from the | ||||||
| 18 | parent
and if those services were available,
then, for | ||||||
| 19 | purposes of this Act, "failure to make reasonable progress | ||||||
| 20 | toward the
return of the child to the parent" includes the | ||||||
| 21 | parent's failure to substantially fulfill his or her | ||||||
| 22 | obligations
under
the service plan and correct the | ||||||
| 23 | conditions that brought the child into care
during any | ||||||
| 24 | 9-month period
following the adjudication under Section | ||||||
| 25 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
| 26 | Notwithstanding any other provision, when a petition or | ||||||
| |||||||
| |||||||
| 1 | motion seeks to terminate parental rights on the basis of | ||||||
| 2 | item (ii) of this subsection (m), the petitioner shall file | ||||||
| 3 | with the court and serve on the parties a pleading that | ||||||
| 4 | specifies the 9-month period or periods relied on. The | ||||||
| 5 | pleading shall be filed and served on the parties no later | ||||||
| 6 | than 3 weeks before the date set by the court for closure | ||||||
| 7 | of discovery, and the allegations in the pleading shall be | ||||||
| 8 | treated as incorporated into the petition or motion. | ||||||
| 9 | Failure of a respondent to file a written denial of the | ||||||
| 10 | allegations in the pleading shall not be treated as an | ||||||
| 11 | admission that the allegations are true.
| ||||||
| 12 | (m-1) (Blank).
| ||||||
| 13 | (n) Evidence of intent to forgo his or her parental | ||||||
| 14 | rights,
whether or
not the child is a ward of the court, | ||||||
| 15 | (1) as manifested
by his or her failure for a period of 12 | ||||||
| 16 | months: (i) to visit the child,
(ii) to communicate with | ||||||
| 17 | the child or agency, although able to do so and
not | ||||||
| 18 | prevented from doing so by an agency or by court order, or | ||||||
| 19 | (iii) to
maintain contact with or plan for the future of | ||||||
| 20 | the child, although physically
able to do so, or (2) as | ||||||
| 21 | manifested by the father's failure, where he
and the mother | ||||||
| 22 | of the child were unmarried to each other at the time of | ||||||
| 23 | the
child's birth, (i) to commence legal proceedings to | ||||||
| 24 | establish his paternity
under the Illinois Parentage Act of | ||||||
| 25 | 1984, the Illinois Parentage Act of 2015, or the law of the | ||||||
| 26 | jurisdiction of
the child's birth within 30 days of being | ||||||
| |||||||
| |||||||
| 1 | informed, pursuant to Section 12a
of this Act, that he is | ||||||
| 2 | the father or the likely father of the child or,
after | ||||||
| 3 | being so informed where the child is not yet born, within | ||||||
| 4 | 30 days of
the child's birth, or (ii) to make a good faith | ||||||
| 5 | effort to pay a reasonable
amount of the expenses related | ||||||
| 6 | to the birth of the child and to provide a
reasonable | ||||||
| 7 | amount for the financial support of the child, the court to
| ||||||
| 8 | consider in its determination all relevant circumstances, | ||||||
| 9 | including the
financial condition of both parents; | ||||||
| 10 | provided that the ground for
termination provided in this | ||||||
| 11 | subparagraph (n)(2)(ii) shall only be
available where the | ||||||
| 12 | petition is brought by the mother or the husband of
the | ||||||
| 13 | mother.
| ||||||
| 14 | Contact or communication by a parent with his or her | ||||||
| 15 | child that does not
demonstrate affection and concern does | ||||||
| 16 | not constitute reasonable contact
and planning under | ||||||
| 17 | subdivision (n). In the absence of evidence to the
| ||||||
| 18 | contrary, the ability to visit, communicate, maintain | ||||||
| 19 | contact, pay
expenses and plan for the future shall be | ||||||
| 20 | presumed. The subjective intent
of the parent, whether | ||||||
| 21 | expressed or otherwise, unsupported by evidence of
the | ||||||
| 22 | foregoing parental acts manifesting that intent, shall not | ||||||
| 23 | preclude a
determination that the parent has intended to | ||||||
| 24 | forgo his or her
parental
rights. In making this | ||||||
| 25 | determination, the court may consider but shall not
require | ||||||
| 26 | a showing of diligent efforts by an authorized agency to | ||||||
| |||||||
| |||||||
| 1 | encourage
the parent to perform the acts specified in | ||||||
| 2 | subdivision (n).
| ||||||
| 3 | It shall be an affirmative defense to any allegation | ||||||
| 4 | under paragraph
(2) of this subsection that the father's | ||||||
| 5 | failure was due to circumstances
beyond his control or to | ||||||
| 6 | impediments created by the mother or any other
person | ||||||
| 7 | having legal custody. Proof of that fact need only be by a
| ||||||
| 8 | preponderance of the evidence.
| ||||||
| 9 | (o) Repeated or continuous failure by the parents, | ||||||
| 10 | although physically
and financially able, to provide the | ||||||
| 11 | child with adequate food, clothing,
or shelter.
| ||||||
| 12 | (p) Inability to discharge parental responsibilities | ||||||
| 13 | supported by
competent evidence from a psychiatrist, | ||||||
| 14 | licensed clinical social
worker, or clinical psychologist | ||||||
| 15 | of mental
impairment, mental illness or an intellectual | ||||||
| 16 | disability as defined in Section
1-116 of the Mental Health | ||||||
| 17 | and Developmental Disabilities Code, or
developmental | ||||||
| 18 | disability as defined in Section 1-106 of that Code, and
| ||||||
| 19 | there is sufficient justification to believe that the | ||||||
| 20 | inability to
discharge parental responsibilities shall | ||||||
| 21 | extend beyond a reasonable
time period. However, this | ||||||
| 22 | subdivision (p) shall not be construed so as to
permit a | ||||||
| 23 | licensed clinical social worker to conduct any medical | ||||||
| 24 | diagnosis to
determine mental illness or mental | ||||||
| 25 | impairment.
| ||||||
| 26 | (q) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (r) The child is in the temporary custody or | ||||||
| 2 | guardianship of the
Department of Children and Family | ||||||
| 3 | Services, the parent is incarcerated as a
result of | ||||||
| 4 | criminal conviction at the time the petition or motion for
| ||||||
| 5 | termination of parental rights is filed, prior to | ||||||
| 6 | incarceration the parent had
little or no contact with the | ||||||
| 7 | child or provided little or no support for the
child, and | ||||||
| 8 | the parent's incarceration will prevent the parent from | ||||||
| 9 | discharging
his or her parental responsibilities for the | ||||||
| 10 | child for a period in excess of 2
years after the filing of | ||||||
| 11 | the petition or motion for termination of parental
rights.
| ||||||
| 12 | (s) The child is in the temporary custody or | ||||||
| 13 | guardianship of the
Department of Children and Family | ||||||
| 14 | Services, the parent is incarcerated at the
time the | ||||||
| 15 | petition or motion for termination of parental rights is | ||||||
| 16 | filed, the
parent has been repeatedly incarcerated as a | ||||||
| 17 | result of criminal convictions,
and the parent's repeated | ||||||
| 18 | incarceration has prevented the parent from
discharging | ||||||
| 19 | his or her parental responsibilities for the child.
| ||||||
| 20 | (t) A finding that at birth the child's blood,
urine, | ||||||
| 21 | or meconium contained any amount of a controlled substance | ||||||
| 22 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
| 23 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
| 24 | substance, with the exception of
controlled substances or | ||||||
| 25 | metabolites of such substances, the presence of which
in | ||||||
| 26 | the newborn infant was the result of medical treatment | ||||||
| |||||||
| |||||||
| 1 | administered to the
mother or the newborn infant, and that | ||||||
| 2 | the biological mother of this child is
the biological | ||||||
| 3 | mother of at least one other child who was adjudicated a
| ||||||
| 4 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
| 5 | Juvenile Court Act
of 1987, after which the biological | ||||||
| 6 | mother had the opportunity to enroll in
and participate in | ||||||
| 7 | a clinically appropriate substance abuse
counseling, | ||||||
| 8 | treatment, and rehabilitation program.
| ||||||
| 9 | E. "Parent" means a person who is the legal mother or legal | ||||||
| 10 | father of the child as defined in subsection X or Y of this | ||||||
| 11 | Section. For the purpose of this Act, a parent who has executed | ||||||
| 12 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
| 13 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
| 14 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
| 15 | of this Act, or whose parental rights have been terminated by a | ||||||
| 16 | court, is not a parent of the child who was the subject of the | ||||||
| 17 | consent, surrender, waiver, or denial unless (1) the consent is | ||||||
| 18 | void pursuant to subsection O of Section 10 of this Act; or (2) | ||||||
| 19 | the person executed a consent to adoption by a specified person | ||||||
| 20 | or persons pursuant to subsection A-1 of Section 10 of this Act | ||||||
| 21 | and a court of competent jurisdiction finds that the consent is | ||||||
| 22 | void; or (3) the order terminating the parental rights of the | ||||||
| 23 | person is vacated by a court of competent jurisdiction.
| ||||||
| 24 | F. A person is available for adoption when the person is:
| ||||||
| 25 | (a) a child who has been surrendered for adoption to an | ||||||
| 26 | agency and to
whose adoption the agency has thereafter | ||||||
| |||||||
| |||||||
| 1 | consented;
| ||||||
| 2 | (b) a child to whose adoption a person authorized by | ||||||
| 3 | law, other than his
parents, has consented, or to whose | ||||||
| 4 | adoption no consent is required pursuant
to Section 8 of | ||||||
| 5 | this Act;
| ||||||
| 6 | (c) a child who is in the custody of persons who intend | ||||||
| 7 | to adopt him
through placement made by his parents;
| ||||||
| 8 | (c-1) a child for whom a parent has signed a specific | ||||||
| 9 | consent pursuant
to subsection O of Section 10;
| ||||||
| 10 | (d) an adult who meets the conditions set forth in | ||||||
| 11 | Section 3 of this
Act; or
| ||||||
| 12 | (e) a child who has been relinquished as defined in | ||||||
| 13 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
| 14 | A person who would otherwise be available for adoption | ||||||
| 15 | shall not be
deemed unavailable for adoption solely by reason | ||||||
| 16 | of his or her death.
| ||||||
| 17 | G. The singular includes the plural and the plural includes
| ||||||
| 18 | the singular and the "male" includes the "female", as the | ||||||
| 19 | context of this
Act may require.
| ||||||
| 20 | H. (Blank).
| ||||||
| 21 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
| 22 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
| 23 | promulgated thereunder.
| ||||||
| 24 | J. "Immediate relatives" means the biological parents, the | ||||||
| 25 | parents of
the biological parents and siblings of the | ||||||
| 26 | biological parents.
| ||||||
| |||||||
| |||||||
| 1 | K. "Intercountry adoption" is a process by which a child | ||||||
| 2 | from a country
other than the United States is adopted by | ||||||
| 3 | persons who are habitual residents of the United States, or the | ||||||
| 4 | child is a habitual resident of the United States who is | ||||||
| 5 | adopted by persons who are habitual residents of a country | ||||||
| 6 | other than the United States.
| ||||||
| 7 | L. (Blank).
| ||||||
| 8 | M. "Interstate Compact on the Placement of Children" is a | ||||||
| 9 | law enacted by all
states and certain territories for the | ||||||
| 10 | purpose of establishing uniform procedures for handling
the | ||||||
| 11 | interstate placement of children in foster homes, adoptive | ||||||
| 12 | homes, or
other child care facilities.
| ||||||
| 13 | N. (Blank).
| ||||||
| 14 | O. "Preadoption requirements" means any conditions or | ||||||
| 15 | standards established by the laws or administrative rules of | ||||||
| 16 | this State that must be met by a prospective adoptive parent
| ||||||
| 17 | prior to the placement of a child in an adoptive home.
| ||||||
| 18 | P. "Abused child" means a child whose parent or immediate | ||||||
| 19 | family member,
or any person responsible for the child's | ||||||
| 20 | welfare, or any individual
residing in the same home as the | ||||||
| 21 | child, or a paramour of the child's parent:
| ||||||
| 22 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
| 23 | inflicted upon
the child physical injury, by other than | ||||||
| 24 | accidental means, that causes
death, disfigurement, | ||||||
| 25 | impairment of physical or emotional health, or loss
or | ||||||
| 26 | impairment of any bodily function;
| ||||||
| |||||||
| |||||||
| 1 | (b) creates a substantial risk of physical injury to | ||||||
| 2 | the child by
other than accidental means which would be | ||||||
| 3 | likely to cause death,
disfigurement, impairment of | ||||||
| 4 | physical or emotional health, or loss or
impairment of any | ||||||
| 5 | bodily function;
| ||||||
| 6 | (c) commits or allows to be committed any sex offense | ||||||
| 7 | against the child,
as sex offenses are defined in the | ||||||
| 8 | Criminal Code of 2012
and extending those definitions of | ||||||
| 9 | sex offenses to include children under
18 years of age;
| ||||||
| 10 | (d) commits or allows to be committed an act or acts of | ||||||
| 11 | torture upon
the child; or
| ||||||
| 12 | (e) inflicts excessive corporal punishment.
| ||||||
| 13 | Q. "Neglected child" means any child whose parent or other | ||||||
| 14 | person
responsible for the child's welfare withholds or denies | ||||||
| 15 | nourishment or
medically indicated treatment including food or | ||||||
| 16 | care denied solely on the
basis of the present or anticipated | ||||||
| 17 | mental or physical impairment as determined
by a physician | ||||||
| 18 | acting alone or in consultation with other physicians or
| ||||||
| 19 | otherwise does not provide the proper or necessary support, | ||||||
| 20 | education
as required by law, or medical or other remedial care | ||||||
| 21 | recognized under State
law as necessary for a child's | ||||||
| 22 | well-being, or other care necessary for his
or her well-being, | ||||||
| 23 | including adequate food, clothing and shelter; or who
is | ||||||
| 24 | abandoned by his or her parents or other person responsible for | ||||||
| 25 | the child's
welfare.
| ||||||
| 26 | A child shall not be considered neglected or abused for the
| ||||||
| |||||||
| |||||||
| 1 | sole reason that the child's parent or other person responsible | ||||||
| 2 | for his
or her welfare depends upon spiritual means through | ||||||
| 3 | prayer alone for the
treatment or cure of disease or remedial | ||||||
| 4 | care as provided under Section 4
of the Abused and Neglected | ||||||
| 5 | Child Reporting Act.
A child shall not be considered neglected | ||||||
| 6 | or abused for the sole reason that
the child's parent or other | ||||||
| 7 | person responsible for the child's welfare failed
to vaccinate, | ||||||
| 8 | delayed vaccination, or refused vaccination for the child
due | ||||||
| 9 | to a waiver on religious or medical grounds as permitted by | ||||||
| 10 | law.
| ||||||
| 11 | R. "Putative father" means a man who may be a child's | ||||||
| 12 | father, but who (1) is
not married to the child's mother on or | ||||||
| 13 | before the date that the child was or
is to be born and (2) has | ||||||
| 14 | not established paternity of the child in a court
proceeding | ||||||
| 15 | before the filing of a petition for the adoption of the child. | ||||||
| 16 | The
term includes a male who is less than 18 years of age. | ||||||
| 17 | "Putative father" does
not mean a man who is the child's father | ||||||
| 18 | as a result of criminal sexual abuse
or assault as defined | ||||||
| 19 | under Article 11 of the Criminal Code of 2012.
| ||||||
| 20 | S. "Standby adoption" means an adoption in which a parent
| ||||||
| 21 | consents to custody and termination of parental rights to | ||||||
| 22 | become
effective upon the occurrence of a future event, which | ||||||
| 23 | is either the death of
the
parent or the request of the parent
| ||||||
| 24 | for the entry of a final judgment of adoption.
| ||||||
| 25 | T. (Blank).
| ||||||
| 26 | T-5. "Biological parent", "birth parent", or "natural | ||||||
| |||||||
| |||||||
| 1 | parent" of a child are interchangeable terms that mean a person | ||||||
| 2 | who is biologically or genetically related to that child as a | ||||||
| 3 | parent. | ||||||
| 4 | U. "Interstate adoption" means the placement of a minor | ||||||
| 5 | child with a prospective adoptive parent for the purpose of | ||||||
| 6 | pursuing an adoption for that child that is subject to the | ||||||
| 7 | provisions of the Interstate Compact on the Placement of | ||||||
| 8 | Children. | ||||||
| 9 | V. (Blank). | ||||||
| 10 | W. (Blank). | ||||||
| 11 | X. "Legal father" of a child means a man who is recognized | ||||||
| 12 | as or presumed to be that child's father: | ||||||
| 13 | (1) because of his marriage to or civil union with the | ||||||
| 14 | child's parent at the time of the child's birth or within | ||||||
| 15 | 300 days prior to that child's birth, unless he signed a | ||||||
| 16 | denial of paternity pursuant to Section 12 of the Vital | ||||||
| 17 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
| 18 | or | ||||||
| 19 | (2) because his paternity of the child has been | ||||||
| 20 | established pursuant to the Illinois Parentage Act, the | ||||||
| 21 | Illinois Parentage Act of 1984, or the Gestational | ||||||
| 22 | Surrogacy Act; or | ||||||
| 23 | (3) because he is listed as the child's father or | ||||||
| 24 | parent on the child's birth certificate, unless he is | ||||||
| 25 | otherwise determined by an administrative or judicial | ||||||
| 26 | proceeding not to be the parent of the child or unless he | ||||||
| |||||||
| |||||||
| 1 | rescinds his acknowledgment of paternity pursuant to the | ||||||
| 2 | Illinois Parentage Act of 1984; or | ||||||
| 3 | (4) because his paternity or adoption of the child has | ||||||
| 4 | been established by a court of competent jurisdiction. | ||||||
| 5 | The definition in this subsection X shall not be construed | ||||||
| 6 | to provide greater or lesser rights as to the number of parents | ||||||
| 7 | who can be named on a final judgment order of adoption or | ||||||
| 8 | Illinois birth certificate that otherwise exist under Illinois | ||||||
| 9 | law. | ||||||
| 10 | Y. "Legal mother" of a child means a woman who is | ||||||
| 11 | recognized as or presumed to be that child's mother: | ||||||
| 12 | (1) because she gave birth to the child except as | ||||||
| 13 | provided in the Gestational Surrogacy Act; or | ||||||
| 14 | (2) because her maternity of the child has been | ||||||
| 15 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
| 16 | or the Gestational Surrogacy Act; or | ||||||
| 17 | (3) because her maternity or adoption of the child has | ||||||
| 18 | been established by a court of competent jurisdiction; or | ||||||
| 19 | (4) because of her marriage to or civil union with the | ||||||
| 20 | child's other parent at the time of the child's birth or | ||||||
| 21 | within 300 days prior to the time of birth; or | ||||||
| 22 | (5) because she is listed as the child's mother or | ||||||
| 23 | parent on the child's birth certificate unless she is | ||||||
| 24 | otherwise determined by an administrative or judicial | ||||||
| 25 | proceeding not to be the parent of the child. | ||||||
| 26 | The definition in this subsection Y shall not be construed | ||||||
| |||||||
| |||||||
| 1 | to provide greater or lesser rights as to the number of parents | ||||||
| 2 | who can be named on a final judgment order of adoption or | ||||||
| 3 | Illinois birth certificate that otherwise exist under Illinois | ||||||
| 4 | law. | ||||||
| 5 | Z. "Department" means the Illinois Department of Children | ||||||
| 6 | and Family Services. | ||||||
| 7 | AA. "Placement disruption" means a circumstance where the | ||||||
| 8 | child is removed from an adoptive placement before the adoption | ||||||
| 9 | is finalized. | ||||||
| 10 | BB. "Secondary placement" means a placement, including but | ||||||
| 11 | not limited to the placement of a youth in care as defined in | ||||||
| 12 | Section 4d of the Children and Family Services Act, that occurs | ||||||
| 13 | after a placement disruption or an adoption dissolution. | ||||||
| 14 | "Secondary placement" does not mean secondary placements | ||||||
| 15 | arising due to the death of the adoptive parent of the child. | ||||||
| 16 | CC. "Adoption dissolution" means a circumstance where the | ||||||
| 17 | child is removed from an adoptive placement after the adoption | ||||||
| 18 | is finalized. | ||||||
| 19 | DD. "Unregulated placement" means the secondary placement | ||||||
| 20 | of a child that occurs without the oversight of the courts, the | ||||||
| 21 | Department, or a licensed child welfare agency. | ||||||
| 22 | EE. "Post-placement and post-adoption support services" | ||||||
| 23 | means support services for placed or adopted children and | ||||||
| 24 | families that include, but are not limited to, mental health | ||||||
| 25 | treatment, including counseling and other support services for | ||||||
| 26 | emotional, behavioral, or developmental needs, and treatment | ||||||
| |||||||
| |||||||
| 1 | for substance abuse. | ||||||
| 2 | (Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20; | ||||||
| 3 | 101-529, eff. 1-1-20; revised 9-17-19.)
| ||||||
| 4 | Section 660. The Probate Act of 1975 is amended by changing | ||||||
| 5 | Section 11-1 as follows:
| ||||||
| 6 | (755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1)
| ||||||
| 7 | Sec. 11-1. Definitions. As used in this Article: | ||||||
| 8 | "Administrative separation" means a parent's, legal | ||||||
| 9 | guardian's, legal custodian's, or primary caretaker's: (1) | ||||||
| 10 | arrest, detention, incarceration, removal, or deportation in | ||||||
| 11 | connection with federal immigration enforcement; or (2) | ||||||
| 12 | receipt of official communication by federal, State, or local | ||||||
| 13 | authorities regarding immigration enforcement that gives | ||||||
| 14 | reasonable notice that care and supervision of the child by the | ||||||
| 15 | parent, legal guardian, legal custodian, or primary caretaker | ||||||
| 16 | will be interrupted or cannot be provided. | ||||||
| 17 | "Minor" means is a person who has not
attained the age of | ||||||
| 18 | 18 years. A person who has attained the age of 18 years
is of | ||||||
| 19 | legal age for all purposes except as otherwise provided
in the | ||||||
| 20 | Illinois Uniform Transfers to Minors Act.
| ||||||
| 21 | (Source: P.A. 101-120, eff. 7-23-19; revised 9-12-19.)
| ||||||
| 22 | Section 665. The Illinois Residential Real Property | ||||||
| 23 | Transfer on Death Instrument Act is amended by changing Section | ||||||
| |||||||
| |||||||
| 1 | 5 as follows:
| ||||||
| 2 | (755 ILCS 27/5) | ||||||
| 3 | Sec. 5. Definitions. In this Act: | ||||||
| 4 | "Beneficiary" means a person that receives residential | ||||||
| 5 | real estate under a transfer on death instrument. | ||||||
| 6 | "Designated beneficiary" means a person designated to | ||||||
| 7 | receive residential real estate in a transfer on death | ||||||
| 8 | instrument. | ||||||
| 9 | "Joint owner" means an individual who owns residential real | ||||||
| 10 | estate concurrently with one or more other individuals with a | ||||||
| 11 | right of survivorship. The term includes a joint tenant or a | ||||||
| 12 | tenant by the entirety. The term does not include a tenant in | ||||||
| 13 | common. | ||||||
| 14 | "Owner" means an individual who makes a transfer on death | ||||||
| 15 | instrument. | ||||||
| 16 | "Person" means an individual, corporation, business trust, | ||||||
| 17 | land trust, estate, inter vivos inter-vivos revocable or | ||||||
| 18 | irrevocable trust, testamentary trust, partnership, limited | ||||||
| 19 | liability company, association, joint venture, public | ||||||
| 20 | corporation, government or governmental subdivision, agency, | ||||||
| 21 | or instrumentality, or any other legal or commercial entity. | ||||||
| 22 | "Residential real estate" means real property improved | ||||||
| 23 | with not less than one nor more than 4 residential dwelling | ||||||
| 24 | units; a residential condominium unit, including, but not | ||||||
| 25 | limited to, the common elements allocated to the exclusive use | ||||||
| |||||||
| |||||||
| 1 | thereof that form an integral part of the condominium unit and | ||||||
| 2 | any parking unit or units specified by the declaration to be | ||||||
| 3 | allocated to a specific residential condominium unit; or a | ||||||
| 4 | single tract of agriculture real estate consisting of 40 acres | ||||||
| 5 | or less which is improved with a single family residence. If a | ||||||
| 6 | declaration of condominium ownership provides for individually | ||||||
| 7 | owned and transferable parking units, "residential real | ||||||
| 8 | estate" does not include the parking unit of a specific | ||||||
| 9 | residential condominium unit unless the parking unit is | ||||||
| 10 | included in the legal description of the property being | ||||||
| 11 | transferred by a transfer on death instrument. | ||||||
| 12 | "Transfer on death instrument" means an instrument | ||||||
| 13 | authorized under this Act.
| ||||||
| 14 | (Source: P.A. 97-555, eff. 1-1-12; 98-821, eff. 1-1-15; revised | ||||||
| 15 | 7-16-19.)
| ||||||
| 16 | Section 670. The Illinois Trust Code is amended by changing | ||||||
| 17 | Sections 816, 913, 1005, and 1219 as follows:
| ||||||
| 18 | (760 ILCS 3/816)
| ||||||
| 19 | Sec. 816. Specific powers of trustee. Without limiting the | ||||||
| 20 | authority conferred by Section 815, a trustee may:
| ||||||
| 21 | (1) collect trust property and accept or reject | ||||||
| 22 | additions to the trust property from a settlor or any other | ||||||
| 23 | person;
| ||||||
| 24 | (2) acquire or sell property, for cash or on credit, at | ||||||
| |||||||
| |||||||
| 1 | public or private sale;
| ||||||
| 2 | (3) exchange, partition, or otherwise change the | ||||||
| 3 | character of trust property;
| ||||||
| 4 | (4) deposit trust money in an account in a regulated | ||||||
| 5 | financial-service institution;
| ||||||
| 6 | (5) borrow money, with or without security, and | ||||||
| 7 | mortgage or pledge or otherwise encumber trust property for | ||||||
| 8 | a period within or extending beyond the duration of the | ||||||
| 9 | trust;
| ||||||
| 10 | (6) with respect to an interest in a proprietorship, | ||||||
| 11 | partnership, limited liability company, business trust, | ||||||
| 12 | corporation, or other form of business or enterprise, | ||||||
| 13 | continue the business or other enterprise and take any | ||||||
| 14 | action that may be taken by shareholders, members, or | ||||||
| 15 | property owners, including merging, dissolving, pledging | ||||||
| 16 | other trust assets or guaranteeing a debt obligation of the | ||||||
| 17 | business or enterprise, or otherwise changing the form of | ||||||
| 18 | business organization or contributing additional capital;
| ||||||
| 19 | (7) with respect to stocks or other securities, | ||||||
| 20 | exercise the rights of an absolute owner, including the | ||||||
| 21 | right to:
| ||||||
| 22 | (A) vote, or give proxies to vote, with or without | ||||||
| 23 | power of substitution, or enter into or continue a | ||||||
| 24 | voting trust agreement;
| ||||||
| 25 | (B) hold a security in the name of a nominee or in | ||||||
| 26 | other form without disclosure of the trust so that | ||||||
| |||||||
| |||||||
| 1 | title may pass by delivery;
| ||||||
| 2 | (C) pay calls, assessments, and other sums | ||||||
| 3 | chargeable or accruing against the securities, and | ||||||
| 4 | sell or exercise stock subscription or conversion | ||||||
| 5 | rights;
| ||||||
| 6 | (D) deposit the securities with a depository or | ||||||
| 7 | other regulated financial-service institution; and
| ||||||
| 8 | (E) participate in mergers, consolidations, | ||||||
| 9 | foreclosures, reorganizations, and liquidations;
| ||||||
| 10 | (8) with respect to an interest in real property, | ||||||
| 11 | construct, or make ordinary or extraordinary repairs to, | ||||||
| 12 | alterations to, or improvements in, buildings or other | ||||||
| 13 | structures, demolish improvements, raze existing or erect | ||||||
| 14 | new party walls or buildings, subdivide or develop land, | ||||||
| 15 | dedicate any interest in real estate, dedicate land to | ||||||
| 16 | public use or grant public or private easements, enter into | ||||||
| 17 | contracts relating to real estate, and make or vacate plats | ||||||
| 18 | and adjust boundaries;
| ||||||
| 19 | (9) enter into a lease for any purpose as lessor or | ||||||
| 20 | lessee, including a lease or other arrangement for | ||||||
| 21 | exploration and removal of natural resources, with or | ||||||
| 22 | without the option to purchase or renew, for a period | ||||||
| 23 | within or extending beyond the duration of the trust;
| ||||||
| 24 | (10) grant an option involving a sale, lease, or other | ||||||
| 25 | disposition of trust property or acquire an option for the | ||||||
| 26 | acquisition of property, including an option exercisable | ||||||
| |||||||
| |||||||
| 1 | beyond the duration of the trust, and exercise an option so | ||||||
| 2 | acquired;
| ||||||
| 3 | (11) insure the property of the trust against damage or | ||||||
| 4 | loss and insure the trustee, the trustee's agents, and | ||||||
| 5 | beneficiaries against liability arising from the | ||||||
| 6 | administration of the trust;
| ||||||
| 7 | (12) abandon or decline to administer property of no | ||||||
| 8 | value or of insufficient value to justify its collection or | ||||||
| 9 | continued administration;
| ||||||
| 10 | (13) with respect to possible liability for violation | ||||||
| 11 | of environmental law:
| ||||||
| 12 | (A) inspect or investigate property the trustee | ||||||
| 13 | holds or has been asked to hold, or property owned or | ||||||
| 14 | operated by an organization in which the trustee holds | ||||||
| 15 | or has been asked to hold an interest, for the purpose | ||||||
| 16 | of determining the application of environmental law | ||||||
| 17 | with respect to the property; | ||||||
| 18 | (B) take action to prevent, abate, or otherwise | ||||||
| 19 | remedy any actual or potential violation of any | ||||||
| 20 | environmental law affecting property held directly or | ||||||
| 21 | indirectly by the trustee, whether taken before or | ||||||
| 22 | after the assertion of a claim or the initiation of | ||||||
| 23 | governmental enforcement;
| ||||||
| 24 | (C) decline to accept property into trust or | ||||||
| 25 | disclaim any power with respect to property that is or | ||||||
| 26 | may be burdened with liability for violation of | ||||||
| |||||||
| |||||||
| 1 | environmental law;
| ||||||
| 2 | (D) compromise claims against the trust that may be | ||||||
| 3 | asserted for an alleged violation of environmental | ||||||
| 4 | law; and
| ||||||
| 5 | (E) pay the expense of any inspection, review, | ||||||
| 6 | abatement, or remedial action to comply with | ||||||
| 7 | environmental law;
| ||||||
| 8 | (14) pay, contest, prosecute, or abandon any claim, | ||||||
| 9 | settle a claim or charges in favor of or against the trust, | ||||||
| 10 | and release, in whole or in part, a claim belonging to the | ||||||
| 11 | trust;
| ||||||
| 12 | (15) pay taxes, assessments, compensation of the | ||||||
| 13 | trustee and of employees and agents of the trust, and other | ||||||
| 14 | expenses incurred in the administration of the trust;
| ||||||
| 15 | (16) exercise elections with respect to federal, | ||||||
| 16 | state, and local taxes;
| ||||||
| 17 | (17) select a mode of payment under any employee | ||||||
| 18 | benefit or retirement plan, annuity, or life insurance | ||||||
| 19 | payable to the trustee, exercise rights related to the | ||||||
| 20 | employee benefit or retirement plan, annuity, or life | ||||||
| 21 | insurance payable to the trustee, including exercise the | ||||||
| 22 | right to indemnification for expenses and against | ||||||
| 23 | liabilities, and take appropriate action to collect the | ||||||
| 24 | proceeds;
| ||||||
| 25 | (18) make loans out of trust property, including loans | ||||||
| 26 | to a beneficiary on terms and conditions the trustee | ||||||
| |||||||
| |||||||
| 1 | considers to be fair and reasonable under the | ||||||
| 2 | circumstances, and the trustee has a lien on future | ||||||
| 3 | distributions for repayment of those loans;
| ||||||
| 4 | (19) pledge trust property to guarantee loans made by | ||||||
| 5 | others to the beneficiary;
| ||||||
| 6 | (20) appoint a trustee to act in another jurisdiction | ||||||
| 7 | to act as sole or co-trustee with respect to any part or | ||||||
| 8 | all of trust property located in the other jurisdiction, | ||||||
| 9 | confer upon the appointed trustee any or all of the rights, | ||||||
| 10 | powers, and duties of the appointing trustee, require that | ||||||
| 11 | the appointed trustee furnish security, and remove any | ||||||
| 12 | trustee so appointed;
| ||||||
| 13 | (21) distribute income and principal in one or more of | ||||||
| 14 | the following ways, without being required to see to the | ||||||
| 15 | application of any distribution, as the trustee believes to | ||||||
| 16 | be for the best interests of any beneficiary who at the | ||||||
| 17 | time of distribution is incapacitated or in the opinion of | ||||||
| 18 | the trustee is unable to manage property or business | ||||||
| 19 | affairs because of incapacity:
| ||||||
| 20 | (A) directly to the beneficiary;
| ||||||
| 21 | (B) to the guardian of the estate, or if none, the | ||||||
| 22 | guardian of the person of the beneficiary;
| ||||||
| 23 | (C) to a custodian for the beneficiary under any | ||||||
| 24 | state's Uniform Transfers to Minors Act, Uniform Gifts | ||||||
| 25 | to Minors Act or Uniform Custodial Trust Act, and, for | ||||||
| 26 | that purpose, to create a custodianship or custodial | ||||||
| |||||||
| |||||||
| 1 | trust;
| ||||||
| 2 | (D) to an adult relative of the beneficiary to be | ||||||
| 3 | expended on the beneficiary's behalf;
| ||||||
| 4 | (E) by expending the money or using the property | ||||||
| 5 | directly for the benefit of the beneficiary;
| ||||||
| 6 | (F) to a trust, created before the distribution | ||||||
| 7 | becomes payable, for the sole benefit of the | ||||||
| 8 | beneficiary and those dependent upon the beneficiary | ||||||
| 9 | during his or her lifetime, to be administered as a | ||||||
| 10 | part of the trust, except that any amount distributed | ||||||
| 11 | to the trust under this subparagraph (F) shall be | ||||||
| 12 | separately accounted for by the trustee of the trust | ||||||
| 13 | and shall be indefeasibly vested in the beneficiary so | ||||||
| 14 | that if the beneficiary dies before complete | ||||||
| 15 | distribution of the amounts, the amounts and the | ||||||
| 16 | accretions, earnings, and income, if any, shall be paid | ||||||
| 17 | to the beneficiary's estate, except that this | ||||||
| 18 | subparagraph (F) does not apply to the extent that it | ||||||
| 19 | would cause a trust otherwise qualifying for the | ||||||
| 20 | federal estate tax marital deduction not to qualify; | ||||||
| 21 | and
| ||||||
| 22 | (G) by managing it as a separate fund on the | ||||||
| 23 | beneficiary's behalf, subject to the beneficiary's | ||||||
| 24 | continuing right to withdraw the distribution;
| ||||||
| 25 | (22) on distribution of trust property or the division | ||||||
| 26 | or termination of a trust, make distributions in divided or | ||||||
| |||||||
| |||||||
| 1 | undivided interests, allocate particular assets in | ||||||
| 2 | proportionate or disproportionate shares, value the trust | ||||||
| 3 | property for those purposes, and adjust for resulting | ||||||
| 4 | differences in valuation; | ||||||
| 5 | (23) resolve a dispute concerning the interpretation | ||||||
| 6 | of the trust or its administration by judicial proceeding, | ||||||
| 7 | nonjudicial settlement agreement under Section 111, | ||||||
| 8 | mediation, arbitration, or other procedure for alternative | ||||||
| 9 | dispute resolution;
| ||||||
| 10 | (24) prosecute or defend an action, claim, or judicial | ||||||
| 11 | proceeding in any jurisdiction to protect trust property | ||||||
| 12 | and the trustee in the performance of the trustee's duties;
| ||||||
| 13 | (25) execute contracts, notes, conveyances, and other | ||||||
| 14 | instruments that are useful to achieve or facilitate the | ||||||
| 15 | exercise of the trustee's powers, regardless of whether the | ||||||
| 16 | instruments contain covenants and warranties binding upon | ||||||
| 17 | and creating a charge against the trust estate or excluding | ||||||
| 18 | personal liability;
| ||||||
| 19 | (26) on termination of the trust, exercise the powers | ||||||
| 20 | appropriate to wind up the administration of the trust and | ||||||
| 21 | distribute the trust property to the persons entitled to | ||||||
| 22 | it;
| ||||||
| 23 | (27) enter into agreements for bank or other deposit | ||||||
| 24 | accounts, safe deposit boxes, or custodian, agency, or | ||||||
| 25 | depository arrangements for all or any part of the trust | ||||||
| 26 | estate, including, to the extent fair to the beneficiaries, | ||||||
| |||||||
| |||||||
| 1 | agreements for services provided by a bank operated by or | ||||||
| 2 | affiliated with the trustee, and to pay reasonable | ||||||
| 3 | compensation for those services, including, to the extent | ||||||
| 4 | fair to the beneficiaries, compensation to the bank | ||||||
| 5 | operated by or affiliated with the trustee, except that | ||||||
| 6 | nothing in this Section shall be construed as removing any | ||||||
| 7 | depository arrangements from the requirements of the | ||||||
| 8 | prudent investor rule;
| ||||||
| 9 | (28) engage attorneys, auditors, financial advisors, | ||||||
| 10 | and other agents and pay reasonable compensation to such | ||||||
| 11 | persons;
| ||||||
| 12 | (29) invest in or hold undivided interests in property;
| ||||||
| 13 | (30) if fair to the beneficiaries, deal with the | ||||||
| 14 | executor, trustee, or other representative of any other | ||||||
| 15 | trust or estate in which a beneficiary of the trust has an | ||||||
| 16 | interest, even if the trustee is an executor, trustee, or | ||||||
| 17 | other representative of the other trust or estate;
| ||||||
| 18 | (31) make equitable division or distribution in cash or | ||||||
| 19 | in kind, or both, and for that purpose may value any | ||||||
| 20 | property divided or distributed in kind;
| ||||||
| 21 | (32) rely upon an affidavit, certificate, letter, or | ||||||
| 22 | other evidence reasonably believed to be genuine and on the | ||||||
| 23 | basis of any such evidence to make any payment or | ||||||
| 24 | distribution in good faith without liability;
| ||||||
| 25 | (33) except as otherwise directed by the court, have | ||||||
| 26 | all of the rights, powers, and duties given to or imposed | ||||||
| |||||||
| |||||||
| 1 | upon the trustee by law and the terms of the trust during | ||||||
| 2 | the period between the termination of the trust and the | ||||||
| 3 | distribution of the trust assets and during any period in | ||||||
| 4 | which any litigation is pending that may void or invalidate | ||||||
| 5 | the trust in whole or in part or affect the rights, powers, | ||||||
| 6 | duties, or discretions of the trustee;
| ||||||
| 7 | (34) plant and harvest crops; breed, raise, purchase, | ||||||
| 8 | and sell livestock; lease land, equipment, or livestock for | ||||||
| 9 | cash or on shares, purchase and sell, exchange or otherwise | ||||||
| 10 | acquire or dispose of farm equipment and farm produce of | ||||||
| 11 | all kinds; make improvements, construct, repair, or | ||||||
| 12 | demolish and remove any buildings, structures, or fences, | ||||||
| 13 | engage agents, managers, and employees and delegate powers | ||||||
| 14 | to them; engage in drainage and conservation programs; | ||||||
| 15 | terrace, clear, ditch, and drain lands and install | ||||||
| 16 | irrigation systems; replace improvements and equipment; | ||||||
| 17 | fertilize and improve the soil; engage in the growing, | ||||||
| 18 | improvement, and sale of trees and other forest crops; | ||||||
| 19 | participate or decline to participate in governmental | ||||||
| 20 | agricultural or land programs; and perform such acts as the | ||||||
| 21 | trustee deems appropriate using such methods as are | ||||||
| 22 | commonly employed by other farm owners in the community in | ||||||
| 23 | which the farm property is located;
| ||||||
| 24 | (35) drill, mine, and otherwise operate for the | ||||||
| 25 | development of oil, gas, and other minerals; enter into | ||||||
| 26 | contracts relating to the installation and operation of | ||||||
| |||||||
| |||||||
| 1 | absorption and repressuring plants; enter into unitization | ||||||
| 2 | or pooling agreements for any purpose including primary, | ||||||
| 3 | secondary, or tertiary recovery; place and maintain | ||||||
| 4 | pipelines pipe lines; execute oil, gas, and mineral leases, | ||||||
| 5 | division and transfer orders, grants, deeds, releases and | ||||||
| 6 | assignments, and other instruments; participate in a | ||||||
| 7 | cooperative coal marketing association or similar entity; | ||||||
| 8 | and perform such other acts as the trustee deems | ||||||
| 9 | appropriate using such methods as are commonly employed by | ||||||
| 10 | owners of similar interests in the community in which the | ||||||
| 11 | interests are located;
| ||||||
| 12 | (36) continue an unincorporated business and | ||||||
| 13 | participate in its management by having the trustee or one | ||||||
| 14 | or more agents of the trustee act as a manager with | ||||||
| 15 | appropriate compensation from the business and incorporate | ||||||
| 16 | the business;
| ||||||
| 17 | (37) continue a business in the partnership form and | ||||||
| 18 | participate in its management by having the trustee or one | ||||||
| 19 | or more agents of the trustee act as a partner, limited | ||||||
| 20 | partner, or employee with appropriate compensation from | ||||||
| 21 | the business; enter into new partnership agreements and | ||||||
| 22 | incorporate the business; and, with respect to activities | ||||||
| 23 | under this paragraph (37), the trustee or the agent or | ||||||
| 24 | agents of the trustee shall not be personally liable to | ||||||
| 25 | third persons with respect to actions not sounding in tort | ||||||
| 26 | unless the trustee or agent fails to identify the trust | ||||||
| |||||||
| |||||||
| 1 | estate and disclose that the trustee or agent is acting in | ||||||
| 2 | a representative capacity, except that nothing in this | ||||||
| 3 | paragraph impairs in any way the liability of the trust | ||||||
| 4 | estate with respect to activities under this paragraph (37) | ||||||
| 5 | to the extent of the assets of the trust estate; . | ||||||
| 6 | (38) Release, by means of any written renunciation, | ||||||
| 7 | relinquishment, surrender, refusal to accept, | ||||||
| 8 | extinguishment, and any other form of release, any power | ||||||
| 9 | granted to the trustee by applicable law or the terms of a | ||||||
| 10 | trust and held by such trustee in its fiduciary capacity, | ||||||
| 11 | including any power to invade property, any power to alter, | ||||||
| 12 | amend, or revoke any instrument, whether or not such | ||||||
| 13 | release causes a termination of any right or interest | ||||||
| 14 | thereunder, and any power remaining where one or more | ||||||
| 15 | partial releases have heretofore or hereafter been made | ||||||
| 16 | with respect to such power, whether heretofore or hereafter | ||||||
| 17 | created or reserved as to: (i) any property that is subject | ||||||
| 18 | thereto; (ii) any one or more of the objects thereof; or | ||||||
| 19 | (iii) limit in any other respect the extent to which it may | ||||||
| 20 | be exercised. The release may be permanent or applicable | ||||||
| 21 | only for a specific time and may apply only to the trustee | ||||||
| 22 | executing the release or the trustee and all future | ||||||
| 23 | trustees, successor trustees, and co-trustees of the trust | ||||||
| 24 | acting at any time or from time to time.
| ||||||
| 25 | (Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
| ||||||
| |||||||
| |||||||
| 1 | (760 ILCS 3/913)
| ||||||
| 2 | Sec. 913. Life insurance. | ||||||
| 3 | (a) Notwithstanding any other provision, the duties of a | ||||||
| 4 | trustee with respect to acquiring or retaining as a trust asset | ||||||
| 5 | a contract of insurance upon the life of the settlor, upon the | ||||||
| 6 | lives of the settlor and the settlor's spouse, or upon the life | ||||||
| 7 | of any person for which the trustee has an insurable interest | ||||||
| 8 | in accordance with Section 113, do not include any of the | ||||||
| 9 | following duties:
| ||||||
| 10 | (1) to determine whether any contract of life insurance | ||||||
| 11 | in the trust, or to be acquired by the trust, is or remains | ||||||
| 12 | a proper investment, including, without limitation, with | ||||||
| 13 | respect to:
| ||||||
| 14 | (A) the type of insurance contract;
| ||||||
| 15 | (B) the quality of the insurance contract;
| ||||||
| 16 | (C) the quality of the insurance company;
or | ||||||
| 17 | (D) the investments held within the insurance | ||||||
| 18 | contract; . | ||||||
| 19 | (2) to diversify the investment among different | ||||||
| 20 | policies or insurers, among available asset classes, or | ||||||
| 21 | within an insurance contract;
| ||||||
| 22 | (3) to inquire about or investigate into the health or | ||||||
| 23 | financial condition of an insured;
| ||||||
| 24 | (4) to prevent the lapse of a life insurance contract | ||||||
| 25 | if the trust does not receive contributions or hold other | ||||||
| 26 | readily marketable assets to pay the life insurance | ||||||
| |||||||
| |||||||
| 1 | contract premiums; or
| ||||||
| 2 | (5) to exercise any policy options, rights, or | ||||||
| 3 | privileges available under any contract of life insurance | ||||||
| 4 | in the trust, including any right to borrow the cash value | ||||||
| 5 | or reserve of the policy, acquire a paid-up policy, or | ||||||
| 6 | convert to a different policy.
| ||||||
| 7 | (b) The trustee is not liable to the beneficiaries of the | ||||||
| 8 | trust, the beneficiaries of the contract of insurance, or to | ||||||
| 9 | any other party for loss arising from the absence of these | ||||||
| 10 | duties regarding insurance contracts under this Section.
| ||||||
| 11 | (c) This Section applies to an irrevocable trust created | ||||||
| 12 | after the effective date of this Code or to a revocable trust | ||||||
| 13 | that becomes irrevocable after the effective date of this Code. | ||||||
| 14 | The trustee of a trust described under this Section established | ||||||
| 15 | before the effective date of this Code shall notify the settlor | ||||||
| 16 | in writing that, unless the settlor provides written notice to | ||||||
| 17 | the contrary to the trustee within 90 days of the trustee's | ||||||
| 18 | notice, this Section applies to the trust. This Section does | ||||||
| 19 | not apply if, within 90 days of the trustee's notice, the | ||||||
| 20 | settlor notifies the trustee in writing that this Section does | ||||||
| 21 | not apply. If the settlor is deceased, then the trustee shall | ||||||
| 22 | give notice to all of the legally competent current | ||||||
| 23 | beneficiaries, and this Section applies to the trust unless the | ||||||
| 24 | majority of the beneficiaries notify the trustee to the | ||||||
| 25 | contrary in writing within 90 days of the trustee's notice.
| ||||||
| 26 | (Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
| ||||||
| |||||||
| |||||||
| 1 | (760 ILCS 3/1005)
| ||||||
| 2 | Sec. 1005. Limitation on action against trustee. | ||||||
| 3 | (a) A beneficiary may not commence a proceeding against a | ||||||
| 4 | trustee for breach of trust for any matter disclosed in writing | ||||||
| 5 | by a trust accounting, or otherwise as provided in Sections | ||||||
| 6 | 813.1, 813.2, and Section 1102, after the date on which the | ||||||
| 7 | disclosure becomes binding upon the beneficiary as provided | ||||||
| 8 | below:
| ||||||
| 9 | (1) With respect to a trust that becomes irrevocable | ||||||
| 10 | after the effective date of this Code and to trustees | ||||||
| 11 | accepting appointment after the effective date of this | ||||||
| 12 | Code, a matter disclosed in writing by a trust accounting | ||||||
| 13 | or otherwise pursuant to Section 813.1 and Section 1102 is | ||||||
| 14 | binding on each person who receives the information and | ||||||
| 15 | each person represented as provided in Article 3 by a | ||||||
| 16 | person who receives the information, and all of the | ||||||
| 17 | person's respective successors, representatives, heirs, | ||||||
| 18 | and assigns, unless an action against the trustee is | ||||||
| 19 | instituted within 2 years after the date the information is | ||||||
| 20 | furnished. A trust accounting or other communication | ||||||
| 21 | adequately discloses the existence of a potential claim for | ||||||
| 22 | breach of trust if it provides sufficient information so | ||||||
| 23 | that the person entitled to receive the information knows | ||||||
| 24 | of the potential claim or should have inquired into its | ||||||
| 25 | existence.
| ||||||
| |||||||
| |||||||
| 1 | (2) With respect to a trust that became irrevocable | ||||||
| 2 | before the effective date of this Code or a trustee that | ||||||
| 3 | accepted appointment before the effective date of this | ||||||
| 4 | Code, a current account is binding on each beneficiary | ||||||
| 5 | receiving the account and on the beneficiary's heirs and | ||||||
| 6 | assigns unless an action against the trustee is instituted | ||||||
| 7 | by the beneficiary or the beneficiary's heirs and assigns | ||||||
| 8 | within 3 years after the date the current account is | ||||||
| 9 | furnished, and a final accounting is binding on each | ||||||
| 10 | beneficiary receiving the final accounting and all persons | ||||||
| 11 | claiming by or through the beneficiary, unless an action | ||||||
| 12 | against the trustee is instituted by the beneficiary or | ||||||
| 13 | person claiming by or through him or her within 3 years | ||||||
| 14 | after the date the final account is furnished. If the | ||||||
| 15 | account is provided to the representative of the estate of | ||||||
| 16 | the beneficiary or to a spouse, parent, adult child, or | ||||||
| 17 | guardian of the person of the beneficiary, the account is | ||||||
| 18 | binding on the beneficiary unless an action is instituted | ||||||
| 19 | against the trustee by the representative of the estate of | ||||||
| 20 | the beneficiary or by the spouse, parent, adult child, or | ||||||
| 21 | guardian of the person to whom the account is furnished | ||||||
| 22 | within 3 years after the date it is furnished. | ||||||
| 23 | (3) Notwithstanding paragraphs (1) and (2), with | ||||||
| 24 | respect to trust estates that terminated and were | ||||||
| 25 | distributed 10 years or less before January 1, 1988, the | ||||||
| 26 | final account furnished to the beneficiaries entitled to | ||||||
| |||||||
| |||||||
| 1 | distribution of the trust estate is binding on the | ||||||
| 2 | beneficiaries receiving the final account, and all persons | ||||||
| 3 | claiming by or through them, unless an action against the | ||||||
| 4 | trustee is instituted by the beneficiary or person claiming | ||||||
| 5 | by or through him or her within 5 years after January 1, | ||||||
| 6 | 1988 or within 10 years after the date the final account | ||||||
| 7 | was furnished, whichever is longer.
| ||||||
| 8 | (4) Notwithstanding paragraphs (1), (2) and (3), with | ||||||
| 9 | respect to trust estates that terminated and were | ||||||
| 10 | distributed more than 10 years before January 1, 1988, the | ||||||
| 11 | final account furnished to the beneficiaries entitled to | ||||||
| 12 | distribution of the trust estate is binding on the | ||||||
| 13 | beneficiaries receiving the final account, and all persons | ||||||
| 14 | claiming by or through them, unless an action against the | ||||||
| 15 | trustee is instituted by the beneficiary or person claiming | ||||||
| 16 | by or through him or her within 2 years after January 1, | ||||||
| 17 | 1988.
| ||||||
| 18 | (b) Unless barred earlier under subsection (a), a judicial | ||||||
| 19 | proceeding by a beneficiary against a trustee for breach of | ||||||
| 20 | trust must be commenced within 5 years after the first to occur | ||||||
| 21 | of:
| ||||||
| 22 | (1) the removal, resignation, or death of the trustee;
| ||||||
| 23 | (2) the termination of the beneficiary's interest in | ||||||
| 24 | the trust; or
| ||||||
| 25 | (3) the termination of the trust.
| ||||||
| 26 | (c) Notwithstanding any other provision of this Section, a | ||||||
| |||||||
| |||||||
| 1 | beneficiary may bring any action against the trustee for | ||||||
| 2 | fraudulent concealment within the time limit set forth in | ||||||
| 3 | Section 13-215 of the Code of Civil Procedure.
| ||||||
| 4 | (Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
| ||||||
| 5 | (760 ILCS 3/1219)
| ||||||
| 6 | Sec. 1219. Tax-related limitations. | ||||||
| 7 | (a) In this Section:
| ||||||
| 8 | (1) "Grantor trust" means a trust as to which a settlor | ||||||
| 9 | of a first trust is considered the owner under Sections 671 | ||||||
| 10 | through 677 of the Internal Revenue Code or Section 679 of | ||||||
| 11 | the Internal Revenue Code.
| ||||||
| 12 | (2) "Nongrantor trust" means a trust that is not a | ||||||
| 13 | grantor trust.
| ||||||
| 14 | (3) "Qualified benefits property" means property | ||||||
| 15 | subject to the minimum distribution requirements of | ||||||
| 16 | Section 401(a)(9) of the Internal Revenue Code, and any | ||||||
| 17 | applicable regulations, or to any similar requirements | ||||||
| 18 | that refer to Section 401(a)(9) of the Internal Revenue | ||||||
| 19 | Code or the regulations.
| ||||||
| 20 | (b) An exercise of the decanting power is subject to the | ||||||
| 21 | following limitations:
| ||||||
| 22 | (1) If a first trust contains property that qualified, | ||||||
| 23 | or would have qualified but for provisions of this Article | ||||||
| 24 | other than this Section, for a marital deduction for | ||||||
| 25 | purposes of the gift or estate tax under the Internal | ||||||
| |||||||
| |||||||
| 1 | Revenue Code or a state gift, estate, or inheritance tax, | ||||||
| 2 | the second-trust instrument must not include or omit any | ||||||
| 3 | term that, if included in or omitted from the trust | ||||||
| 4 | instrument for the trust to which the property was | ||||||
| 5 | transferred, would have prevented the transfer from | ||||||
| 6 | qualifying for the deduction, or would have reduced the | ||||||
| 7 | amount of the deduction, under the same provisions of the | ||||||
| 8 | Internal Revenue Code or state law under which the transfer | ||||||
| 9 | qualified.
| ||||||
| 10 | (2) If the first trust contains property that | ||||||
| 11 | qualified, or would have qualified but for provisions of | ||||||
| 12 | this Article other than this Section, for a charitable | ||||||
| 13 | deduction for purposes of the income, gift, or estate tax | ||||||
| 14 | under the Internal Revenue Code or a state income, gift, | ||||||
| 15 | estate, or inheritance tax, the second-trust instrument | ||||||
| 16 | must not include or omit any term that, if included in or | ||||||
| 17 | omitted from the trust instrument for the trust to which | ||||||
| 18 | the property was transferred, would have prevented the | ||||||
| 19 | transfer from qualifying for the deduction, or would have | ||||||
| 20 | reduced the amount of the deduction, under the same | ||||||
| 21 | provisions of the Internal Revenue Code or state law under | ||||||
| 22 | which the transfer qualified.
| ||||||
| 23 | (3) If the first trust contains property that | ||||||
| 24 | qualified, or would have qualified but for provisions of | ||||||
| 25 | this Article other than this Section, for the exclusion | ||||||
| 26 | from the gift tax described in Section 2503(b) of the | ||||||
| |||||||
| |||||||
| 1 | Internal Revenue Code, the second-trust instrument must | ||||||
| 2 | not include or omit a term that, if included in or omitted | ||||||
| 3 | from the trust instrument for the trust to which the | ||||||
| 4 | property was transferred, would have prevented the | ||||||
| 5 | transfer from qualifying under the same provision of | ||||||
| 6 | Section 2503 of the Internal Revenue Code. If the first | ||||||
| 7 | trust contains property that qualified, or would have | ||||||
| 8 | qualified but for provisions of this Article other than | ||||||
| 9 | this Section, for the exclusion from the gift tax described | ||||||
| 10 | in Section 2503(b) of the Internal Revenue Code, by | ||||||
| 11 | application of Section 2503(c) of the Internal Revenue | ||||||
| 12 | Code, the second-trust instrument must not include or omit | ||||||
| 13 | a term that, if included or omitted from the trust | ||||||
| 14 | instrument for the trust to which the property was | ||||||
| 15 | transferred, would have prevented the transfer from | ||||||
| 16 | qualifying under Section 2503(c) of the Internal Revenue | ||||||
| 17 | Code.
| ||||||
| 18 | (4) If the property of the first trust includes shares | ||||||
| 19 | of stock in an S corporation, as defined in Section 1361 of | ||||||
| 20 | the Internal Revenue Code and the first trust is, or but | ||||||
| 21 | for provisions of this Article other than this Section | ||||||
| 22 | would be, a permitted shareholder under any provision of | ||||||
| 23 | Section 1361 of the Internal Revenue Code, an authorized | ||||||
| 24 | fiduciary may exercise the power with respect to part or | ||||||
| 25 | all of the S corporation S-corporation stock only if any | ||||||
| 26 | second trust receiving the stock is a permitted shareholder | ||||||
| |||||||
| |||||||
| 1 | under Section 1361(c)(2) of the Internal Revenue Code. If | ||||||
| 2 | the property of the first trust includes shares of stock in | ||||||
| 3 | an S corporation and the first trust is, or but for | ||||||
| 4 | provisions of this Article other than this Section, would | ||||||
| 5 | be, a qualified subchapter S subchapter-S trust within the | ||||||
| 6 | meaning of Section 1361(d) of the Internal Revenue Code, | ||||||
| 7 | the second-trust instrument must not include or omit a term | ||||||
| 8 | that prevents the second trust from qualifying as a | ||||||
| 9 | qualified subchapter S subchapter-S trust.
| ||||||
| 10 | (5) If the first trust contains property that | ||||||
| 11 | qualified, or would have qualified but for provisions of | ||||||
| 12 | this Article other than this Section, for a zero inclusion | ||||||
| 13 | ratio for purposes of the generation-skipping transfer tax | ||||||
| 14 | under Section 2642(c) of the Internal Revenue Code the | ||||||
| 15 | second-trust instrument must not include or omit a term | ||||||
| 16 | that, if included in or omitted from the first-trust | ||||||
| 17 | instrument, would have prevented the transfer to the first | ||||||
| 18 | trust from qualifying for a zero inclusion ratio under | ||||||
| 19 | Section 2642(a) of the Internal Revenue Code.
| ||||||
| 20 | (6) If the first trust is directly or indirectly the | ||||||
| 21 | beneficiary of qualified benefits property, the | ||||||
| 22 | second-trust instrument may not include or omit any term | ||||||
| 23 | that, if included in or omitted from the first-trust | ||||||
| 24 | instrument, would have increased the minimum distributions | ||||||
| 25 | required with respect to the qualified benefits property | ||||||
| 26 | under Section 401(a)(9) of the Internal Revenue Code and | ||||||
| |||||||
| |||||||
| 1 | any applicable regulations, or any similar requirements | ||||||
| 2 | that refer to Section 401(a)(9) of the Internal Revenue | ||||||
| 3 | Code or the regulations. If an attempted exercise of the | ||||||
| 4 | decanting power violates the preceding sentence, the | ||||||
| 5 | trustee is deemed to have held the qualified benefits | ||||||
| 6 | property and any reinvested distributions of the property | ||||||
| 7 | as a separate share from the date of the exercise of the | ||||||
| 8 | power and Section 1222 applies to the separate share.
| ||||||
| 9 | (7) If the first trust qualifies as a grantor trust | ||||||
| 10 | because of the application of Section 672(f)(2)(A) of the | ||||||
| 11 | Internal Revenue Code the second trust may not include or | ||||||
| 12 | omit a term that, if included in or omitted from the | ||||||
| 13 | first-trust instrument, would have prevented the first | ||||||
| 14 | trust from qualifying under Section 672(f)(2)(A) of the | ||||||
| 15 | Internal Revenue Code.
| ||||||
| 16 | (8) In this paragraph (8), "tax benefit" means a | ||||||
| 17 | federal or state tax deduction, exemption, exclusion, or | ||||||
| 18 | other benefit not otherwise listed in this Section, except | ||||||
| 19 | for a benefit arising from being a grantor trust. Subject | ||||||
| 20 | to paragraph (9) of this subsection (b), a second-trust | ||||||
| 21 | instrument may not include or omit a term that, if included | ||||||
| 22 | in or omitted from the first-trust instrument, would have | ||||||
| 23 | prevented qualification for a tax benefit if: | ||||||
| 24 | (A) the first-trust instrument expressly indicates | ||||||
| 25 | an intent to qualify for the benefit or the first-trust | ||||||
| 26 | instrument clearly is designed to enable the first | ||||||
| |||||||
| |||||||
| 1 | trust to qualify for the benefit; and | ||||||
| 2 | (B) the transfer of property held by the first | ||||||
| 3 | trust or the first trust qualified, or but for | ||||||
| 4 | provisions of this Article other than this Section, | ||||||
| 5 | would have qualified for the tax benefit.
| ||||||
| 6 | (9) Subject to paragraph (4) of this subsection (b):
| ||||||
| 7 | (A) except as otherwise provided in paragraph (7) | ||||||
| 8 | of this subsection (b), the second trust may be a | ||||||
| 9 | nongrantor trust, even if the first trust is a grantor | ||||||
| 10 | trust; and
| ||||||
| 11 | (B) except as otherwise provided in paragraph (10) | ||||||
| 12 | of this subsection (b), the second trust may be a | ||||||
| 13 | grantor trust, even if the first trust is a nongrantor | ||||||
| 14 | trust.
| ||||||
| 15 | (10) An authorized fiduciary may not exercise the | ||||||
| 16 | decanting power if a settlor objects in a signed record | ||||||
| 17 | delivered to the fiduciary within the notice period and: | ||||||
| 18 | (A) the first trust and second trusts are both | ||||||
| 19 | grantor trusts, in whole or in part, the first trust | ||||||
| 20 | grants the settlor or another person the power to cause | ||||||
| 21 | the second trust to cease to be a grantor trust, and | ||||||
| 22 | the second trust does not grant an equivalent power to | ||||||
| 23 | the settlor or other person; or
| ||||||
| 24 | (B) the first trust is a nongrantor trust and the | ||||||
| 25 | second trust is a grantor trust, in whole or in part, | ||||||
| 26 | with respect to the settlor, unless:
| ||||||
| |||||||
| |||||||
| 1 | (i) the settlor has the power at all times to | ||||||
| 2 | cause the second trust to cease to be a grantor | ||||||
| 3 | trust; or
| ||||||
| 4 | (ii) the first-trust instrument contains a | ||||||
| 5 | provision granting the settlor or another person a | ||||||
| 6 | power that would cause the first trust to cease to | ||||||
| 7 | be a grantor trust and the second-trust instrument | ||||||
| 8 | contains the same provision.
| ||||||
| 9 | (Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
| ||||||
| 10 | Section 675. The Charitable Trust Act is amended by | ||||||
| 11 | changing Section 1 as follows:
| ||||||
| 12 | (760 ILCS 55/1) (from Ch. 14, par. 51)
| ||||||
| 13 | Sec. 1. This Act may be cited as the Charitable Trust Act. | ||||||
| 14 | (Source: Laws 1961, p. 2094; revised 7-16-19.)
| ||||||
| 15 | Section 680. The Illinois Trade Secrets Act is amended by | ||||||
| 16 | changing Section 6 as follows:
| ||||||
| 17 | (765 ILCS 1065/6) (from Ch. 140, par. 356)
| ||||||
| 18 | Sec. 6.
In an action under this Act, a court shall preserve | ||||||
| 19 | the
secrecy of an alleged trade secret by reasonable means, | ||||||
| 20 | which may include
granting protective orders in connection with | ||||||
| 21 | discovery proceedings,
holding in camera in-camera hearings, | ||||||
| 22 | sealing the records of the action, and ordering
any person | ||||||
| |||||||
| |||||||
| 1 | involved in the litigation not to disclose an alleged trade
| ||||||
| 2 | secret without prior court approval.
| ||||||
| 3 | (Source: P.A. 85-366; revised 7-16-19.)
| ||||||
| 4 | Section 685. The Illinois Human Rights Act is amended by | ||||||
| 5 | changing Sections 1-103, 2-101, 2-108, 6-102, and 7A-102 as | ||||||
| 6 | follows:
| ||||||
| 7 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
| 8 | Sec. 1-103. General definitions. When used in this Act, | ||||||
| 9 | unless the
context requires otherwise, the term:
| ||||||
| 10 | (A) Age. "Age" means the chronological age of a person who | ||||||
| 11 | is at least
40 years old, except with regard to any practice | ||||||
| 12 | described in Section
2-102, insofar as that practice concerns | ||||||
| 13 | training or apprenticeship
programs. In the case of training or | ||||||
| 14 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
| 15 | "age" means the chronological age of a person
who is 18 but not | ||||||
| 16 | yet 40 years old.
| ||||||
| 17 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
| 18 | is alleged
or proved to have been injured by a civil rights | ||||||
| 19 | violation or believes he
or she will be injured by a civil | ||||||
| 20 | rights violation under Article 3 that is
about to occur.
| ||||||
| 21 | (B-5) Arrest record. "Arrest record" means: | ||||||
| 22 | (1) an arrest not leading to a conviction; | ||||||
| 23 | (2) a juvenile record; or | ||||||
| 24 | (3) criminal history record information ordered | ||||||
| |||||||
| |||||||
| 1 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
| 2 | Criminal Identification Act. | ||||||
| 3 | (C) Charge. "Charge" means an allegation filed with the | ||||||
| 4 | Department
by an aggrieved party or initiated by the Department | ||||||
| 5 | under its
authority.
| ||||||
| 6 | (D) Civil rights violation. "Civil rights violation" | ||||||
| 7 | includes and
shall be limited to only those specific acts set | ||||||
| 8 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
| 9 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
| 10 | 6-101, and 6-102 of this Act.
| ||||||
| 11 | (E) Commission. "Commission" means the Human Rights | ||||||
| 12 | Commission
created by this Act.
| ||||||
| 13 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
| 14 | by
the Department with the Commission following an | ||||||
| 15 | investigation and
finding of substantial evidence of a civil | ||||||
| 16 | rights violation.
| ||||||
| 17 | (G) Complainant. "Complainant" means a person including | ||||||
| 18 | the
Department who files a charge of civil rights violation | ||||||
| 19 | with the Department or
the Commission.
| ||||||
| 20 | (H) Department. "Department" means the Department of Human | ||||||
| 21 | Rights
created by this Act.
| ||||||
| 22 | (I) Disability. "Disability" means a determinable physical | ||||||
| 23 | or mental
characteristic of a person, including, but not | ||||||
| 24 | limited to, a determinable
physical characteristic which | ||||||
| 25 | necessitates the person's use of a guide,
hearing or support | ||||||
| 26 | dog, the history of such characteristic, or the
perception of | ||||||
| |||||||
| |||||||
| 1 | such characteristic by the person complained against, which
may | ||||||
| 2 | result from disease, injury, congenital condition of birth or
| ||||||
| 3 | functional disorder and which characteristic:
| ||||||
| 4 | (1) For purposes of Article 2, is unrelated to the | ||||||
| 5 | person's ability
to perform the duties of a particular job | ||||||
| 6 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
| 7 | person's illegal use of drugs or alcohol is not a
| ||||||
| 8 | disability;
| ||||||
| 9 | (2) For purposes of Article 3, is unrelated to the | ||||||
| 10 | person's ability
to acquire, rent, or maintain a housing | ||||||
| 11 | accommodation;
| ||||||
| 12 | (3) For purposes of Article 4, is unrelated to a | ||||||
| 13 | person's ability to
repay;
| ||||||
| 14 | (4) For purposes of Article 5, is unrelated to a | ||||||
| 15 | person's ability to
utilize and benefit from a place of | ||||||
| 16 | public accommodation;
| ||||||
| 17 | (5) For purposes of Article 5, also includes any | ||||||
| 18 | mental, psychological, or developmental disability, | ||||||
| 19 | including autism spectrum disorders. | ||||||
| 20 | (J) Marital status. "Marital status" means the legal status | ||||||
| 21 | of being
married, single, separated, divorced, or widowed.
| ||||||
| 22 | (J-1) Military status. "Military status" means a person's | ||||||
| 23 | status on
active duty in or status as a veteran of the armed | ||||||
| 24 | forces of the United States, status as a current member or | ||||||
| 25 | veteran of any
reserve component of the armed forces of the | ||||||
| 26 | United States, including the United
States Army Reserve, United | ||||||
| |||||||
| |||||||
| 1 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
| 2 | States Air Force Reserve, and United States Coast Guard
| ||||||
| 3 | Reserve, or status as a current member or veteran of the | ||||||
| 4 | Illinois Army National Guard or Illinois Air National
Guard.
| ||||||
| 5 | (K) National origin. "National origin" means the place in | ||||||
| 6 | which a
person or one of his or her ancestors was born.
| ||||||
| 7 | (K-5) "Order of protection status" means a person's status | ||||||
| 8 | as being a person protected under an order of protection issued | ||||||
| 9 | pursuant to the Illinois Domestic Violence Act of 1986, Article | ||||||
| 10 | 112A of the Code of Criminal Procedure of 1963, the Stalking No | ||||||
| 11 | Contact Order Act, or the Civil No Contact Order Act, or an | ||||||
| 12 | order of protection issued by a court of another state. | ||||||
| 13 | (L) Person. "Person" includes one or more individuals, | ||||||
| 14 | partnerships,
associations or organizations, labor | ||||||
| 15 | organizations, labor unions, joint
apprenticeship committees, | ||||||
| 16 | or union labor associations, corporations, the
State of | ||||||
| 17 | Illinois and its instrumentalities, political subdivisions, | ||||||
| 18 | units
of local government, legal representatives, trustees in | ||||||
| 19 | bankruptcy
or receivers.
| ||||||
| 20 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
| 21 | or medical or common conditions related to pregnancy or | ||||||
| 22 | childbirth. | ||||||
| 23 | (M) Public contract. "Public contract" includes every | ||||||
| 24 | contract to which the
State, any of its political subdivisions, | ||||||
| 25 | or any municipal corporation is a
party.
| ||||||
| 26 | (N) Religion. "Religion" includes all aspects of religious | ||||||
| |||||||
| |||||||
| 1 | observance
and practice, as well as belief, except that with | ||||||
| 2 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
| 3 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
| 4 | 2-101.
| ||||||
| 5 | (O) Sex. "Sex" means the status of being male or female.
| ||||||
| 6 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
| 7 | actual or
perceived heterosexuality, homosexuality, | ||||||
| 8 | bisexuality, or gender-related identity,
whether or not | ||||||
| 9 | traditionally associated with the person's designated sex at
| ||||||
| 10 | birth. "Sexual orientation" does not include a physical or | ||||||
| 11 | sexual attraction to a minor by an adult.
| ||||||
| 12 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
| 13 | discharge"
includes discharges from the Armed Forces of the | ||||||
| 14 | United States, their
Reserve components, or any National Guard | ||||||
| 15 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
| 16 | thereof, but does not include those
characterized as RE-4 or | ||||||
| 17 | "Dishonorable".
| ||||||
| 18 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
| 19 | means discrimination
against a person because of his or her | ||||||
| 20 | actual or perceived: race, color, religion, national origin,
| ||||||
| 21 | ancestry, age, sex, marital status, order of protection status, | ||||||
| 22 | disability, military status, sexual
orientation, pregnancy,
or | ||||||
| 23 | unfavorable
discharge from military service as those terms are | ||||||
| 24 | defined in this Section.
| ||||||
| 25 | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
| 26 | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
| ||||||
| |||||||
| |||||||
| 1 | (775 ILCS 5/2-101)
| ||||||
| 2 | (Text of Section before amendment by P.A. 101-430) | ||||||
| 3 | Sec. 2-101. Definitions. The following definitions are | ||||||
| 4 | applicable
strictly in the context of this Article.
| ||||||
| 5 | (A) Employee.
| ||||||
| 6 | (1) "Employee" includes:
| ||||||
| 7 | (a) Any individual performing services for | ||||||
| 8 | remuneration within this
State for an employer;
| ||||||
| 9 | (b) An apprentice;
| ||||||
| 10 | (c) An applicant for any apprenticeship.
| ||||||
| 11 | For purposes of subsection (D) of Section 2-102 of this | ||||||
| 12 | Act, "employee" also includes an unpaid intern. An unpaid | ||||||
| 13 | intern is a person who performs work for an employer under | ||||||
| 14 | the following circumstances: | ||||||
| 15 | (i) the employer is not committed to hiring the | ||||||
| 16 | person performing the work at the conclusion of the | ||||||
| 17 | intern's tenure; | ||||||
| 18 | (ii) the employer and the person performing the | ||||||
| 19 | work agree that the person is not entitled to wages for | ||||||
| 20 | the work performed; and | ||||||
| 21 | (iii) the work performed: | ||||||
| 22 | (I) supplements training given in an | ||||||
| 23 | educational environment that may enhance the | ||||||
| 24 | employability of the intern; | ||||||
| 25 | (II) provides experience for the benefit of | ||||||
| |||||||
| |||||||
| 1 | the person performing the work; | ||||||
| 2 | (III) does not displace regular employees; | ||||||
| 3 | (IV) is performed under the close supervision | ||||||
| 4 | of existing staff; and | ||||||
| 5 | (V) provides no immediate advantage to the | ||||||
| 6 | employer providing the training and may
| ||||||
| 7 | occasionally impede the operations of the | ||||||
| 8 | employer. | ||||||
| 9 | (2) "Employee" does not include:
| ||||||
| 10 | (a) (Blank);
| ||||||
| 11 | (b) Individuals employed by persons who are not | ||||||
| 12 | "employers" as
defined by this Act;
| ||||||
| 13 | (c) Elected public officials or the members of | ||||||
| 14 | their immediate
personal staffs;
| ||||||
| 15 | (d) Principal administrative officers of the State | ||||||
| 16 | or of any
political subdivision, municipal corporation | ||||||
| 17 | or other governmental unit
or agency;
| ||||||
| 18 | (e) A person in a vocational rehabilitation | ||||||
| 19 | facility certified under
federal law who has been | ||||||
| 20 | designated an evaluee, trainee, or work
activity | ||||||
| 21 | client.
| ||||||
| 22 | (B) Employer.
| ||||||
| 23 | (1) "Employer" includes:
| ||||||
| 24 | (a) Any person employing 15 or more employees | ||||||
| 25 | within Illinois during
20 or more calendar weeks within | ||||||
| 26 | the calendar year of or preceding the alleged
| ||||||
| |||||||
| |||||||
| 1 | violation;
| ||||||
| 2 | (b) Any person employing one or more employees when | ||||||
| 3 | a complainant
alleges civil rights violation due to | ||||||
| 4 | unlawful discrimination based
upon his or her physical | ||||||
| 5 | or mental disability unrelated to ability, pregnancy, | ||||||
| 6 | or
sexual harassment;
| ||||||
| 7 | (c) The State and any political subdivision, | ||||||
| 8 | municipal corporation
or other governmental unit or | ||||||
| 9 | agency, without regard to the number of
employees;
| ||||||
| 10 | (d) Any party to a public contract without regard | ||||||
| 11 | to the number of
employees;
| ||||||
| 12 | (e) A joint apprenticeship or training committee | ||||||
| 13 | without regard to the
number of employees.
| ||||||
| 14 | (2) "Employer" does not include any religious | ||||||
| 15 | corporation,
association, educational institution, | ||||||
| 16 | society, or non-profit nursing
institution conducted by | ||||||
| 17 | and for those who rely upon treatment by prayer
through | ||||||
| 18 | spiritual means in accordance with the tenets of a | ||||||
| 19 | recognized
church or religious denomination with respect | ||||||
| 20 | to the employment of
individuals of a particular religion | ||||||
| 21 | to perform work connected with the
carrying on by such | ||||||
| 22 | corporation, association, educational institution,
society | ||||||
| 23 | or non-profit nursing institution of its activities.
| ||||||
| 24 | (C) Employment Agency. "Employment Agency" includes both | ||||||
| 25 | public and
private employment agencies and any person, labor | ||||||
| 26 | organization, or labor
union having a hiring hall or hiring | ||||||
| |||||||
| |||||||
| 1 | office regularly undertaking, with
or without compensation, to | ||||||
| 2 | procure opportunities to work, or to
procure, recruit, refer or | ||||||
| 3 | place employees.
| ||||||
| 4 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
| 5 | organization, labor union, craft union, or any voluntary | ||||||
| 6 | unincorporated
association designed to further the cause of the | ||||||
| 7 | rights of union labor
which is constituted for the purpose, in | ||||||
| 8 | whole or in part, of collective
bargaining or of dealing with | ||||||
| 9 | employers concerning grievances, terms or
conditions of | ||||||
| 10 | employment, or apprenticeships or applications for
| ||||||
| 11 | apprenticeships, or of other mutual aid or protection in | ||||||
| 12 | connection with
employment, including apprenticeships or | ||||||
| 13 | applications for apprenticeships.
| ||||||
| 14 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
| 15 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
| 16 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
| 17 | is made either explicitly or implicitly
a term or condition of | ||||||
| 18 | an individual's employment, (2) submission to or
rejection of | ||||||
| 19 | such conduct by an individual is used as the basis for
| ||||||
| 20 | employment decisions affecting such individual, or (3) such | ||||||
| 21 | conduct has the
purpose or effect of substantially interfering | ||||||
| 22 | with an individual's work
performance or creating an | ||||||
| 23 | intimidating, hostile or offensive working
environment.
| ||||||
| 24 | For purposes of this definition, the phrase "working | ||||||
| 25 | environment" is not limited to a physical location an employee | ||||||
| 26 | is assigned to perform his or her duties. | ||||||
| |||||||
| |||||||
| 1 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
| 2 | on the basis of an individual's actual or perceived race, | ||||||
| 3 | color, religion, national origin, ancestry, age, sex, marital | ||||||
| 4 | status, order of protection status, disability, military | ||||||
| 5 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
| 6 | from military service, or citizenship status that has the | ||||||
| 7 | purpose or effect of substantially interfering with the | ||||||
| 8 | individual's work performance or creating an intimidating, | ||||||
| 9 | hostile, or offensive working environment. For purposes of this | ||||||
| 10 | definition, the phrase "working environment" is not limited to | ||||||
| 11 | a physical location an employee is assigned to perform his or | ||||||
| 12 | her duties. | ||||||
| 13 | (F) Religion. "Religion" with respect to employers | ||||||
| 14 | includes all
aspects of religious observance and practice, as | ||||||
| 15 | well as belief, unless an
employer demonstrates that he is | ||||||
| 16 | unable to reasonably accommodate an
employee's or prospective | ||||||
| 17 | employee's religious observance or practice
without undue | ||||||
| 18 | hardship on the conduct of the employer's business.
| ||||||
| 19 | (G) Public Employer. "Public employer" means the State, an | ||||||
| 20 | agency or
department thereof, unit of local government, school | ||||||
| 21 | district,
instrumentality or political subdivision.
| ||||||
| 22 | (H) Public Employee. "Public employee" means an employee of | ||||||
| 23 | the State,
agency or department thereof, unit of local | ||||||
| 24 | government, school district,
instrumentality or political | ||||||
| 25 | subdivision. "Public employee" does not include
public | ||||||
| 26 | officers or employees of the General Assembly or agencies | ||||||
| |||||||
| |||||||
| 1 | thereof.
| ||||||
| 2 | (I) Public Officer. "Public officer" means a person who is | ||||||
| 3 | elected to
office pursuant to the Constitution or a statute or | ||||||
| 4 | ordinance, or who is
appointed to an office which is | ||||||
| 5 | established, and the qualifications and
duties of which are | ||||||
| 6 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
| 7 | discharge a public duty for the State, agency or department
| ||||||
| 8 | thereof, unit of local government, school district, | ||||||
| 9 | instrumentality or
political subdivision.
| ||||||
| 10 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
| 11 | prior to contract award or prior to bid opening for State | ||||||
| 12 | contracts for construction or construction-related services, | ||||||
| 13 | has filed with the Department a properly completed, sworn and
| ||||||
| 14 | currently valid employer report form, pursuant to the | ||||||
| 15 | Department's regulations.
The provisions of this Article | ||||||
| 16 | relating to eligible bidders apply only
to bids on contracts | ||||||
| 17 | with the State and its departments, agencies, boards,
and | ||||||
| 18 | commissions, and the provisions do not apply to bids on | ||||||
| 19 | contracts with
units of local government or school districts.
| ||||||
| 20 | (K) Citizenship Status. "Citizenship status" means the | ||||||
| 21 | status of being:
| ||||||
| 22 | (1) a born U.S. citizen;
| ||||||
| 23 | (2) a naturalized U.S. citizen;
| ||||||
| 24 | (3) a U.S. national; or
| ||||||
| 25 | (4) a person born outside the United States and not a | ||||||
| 26 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
| |||||||
| |||||||
| 1 | protected from discrimination under
the provisions of | ||||||
| 2 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
| 3 | or hereafter amended.
| ||||||
| 4 | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20.)
| ||||||
| 5 | (Text of Section after amendment by P.A. 101-430)
| ||||||
| 6 | Sec. 2-101. Definitions. The following definitions are | ||||||
| 7 | applicable
strictly in the context of this Article.
| ||||||
| 8 | (A) Employee.
| ||||||
| 9 | (1) "Employee" includes:
| ||||||
| 10 | (a) Any individual performing services for | ||||||
| 11 | remuneration within this
State for an employer;
| ||||||
| 12 | (b) An apprentice;
| ||||||
| 13 | (c) An applicant for any apprenticeship.
| ||||||
| 14 | For purposes of subsection (D) of Section 2-102 of this | ||||||
| 15 | Act, "employee" also includes an unpaid intern. An unpaid | ||||||
| 16 | intern is a person who performs work for an employer under | ||||||
| 17 | the following circumstances: | ||||||
| 18 | (i) the employer is not committed to hiring the | ||||||
| 19 | person performing the work at the conclusion of the | ||||||
| 20 | intern's tenure; | ||||||
| 21 | (ii) the employer and the person performing the | ||||||
| 22 | work agree that the person is not entitled to wages for | ||||||
| 23 | the work performed; and | ||||||
| 24 | (iii) the work performed: | ||||||
| 25 | (I) supplements training given in an | ||||||
| |||||||
| |||||||
| 1 | educational environment that may enhance the | ||||||
| 2 | employability of the intern; | ||||||
| 3 | (II) provides experience for the benefit of | ||||||
| 4 | the person performing the work; | ||||||
| 5 | (III) does not displace regular employees; | ||||||
| 6 | (IV) is performed under the close supervision | ||||||
| 7 | of existing staff; and | ||||||
| 8 | (V) provides no immediate advantage to the | ||||||
| 9 | employer providing the training and may
| ||||||
| 10 | occasionally impede the operations of the | ||||||
| 11 | employer. | ||||||
| 12 | (2) "Employee" does not include:
| ||||||
| 13 | (a) (Blank);
| ||||||
| 14 | (b) Individuals employed by persons who are not | ||||||
| 15 | "employers" as
defined by this Act;
| ||||||
| 16 | (c) Elected public officials or the members of | ||||||
| 17 | their immediate
personal staffs;
| ||||||
| 18 | (d) Principal administrative officers of the State | ||||||
| 19 | or of any
political subdivision, municipal corporation | ||||||
| 20 | or other governmental unit
or agency;
| ||||||
| 21 | (e) A person in a vocational rehabilitation | ||||||
| 22 | facility certified under
federal law who has been | ||||||
| 23 | designated an evaluee, trainee, or work
activity | ||||||
| 24 | client.
| ||||||
| 25 | (B) Employer.
| ||||||
| 26 | (1) "Employer" includes:
| ||||||
| |||||||
| |||||||
| 1 | (a) Any person employing one or more employees | ||||||
| 2 | within Illinois during
20 or more calendar weeks within | ||||||
| 3 | the calendar year of or preceding the alleged
| ||||||
| 4 | violation;
| ||||||
| 5 | (b) Any person employing one or more employees when | ||||||
| 6 | a complainant
alleges civil rights violation due to | ||||||
| 7 | unlawful discrimination based
upon his or her physical | ||||||
| 8 | or mental disability unrelated to ability, pregnancy, | ||||||
| 9 | or
sexual harassment;
| ||||||
| 10 | (c) The State and any political subdivision, | ||||||
| 11 | municipal corporation
or other governmental unit or | ||||||
| 12 | agency, without regard to the number of
employees;
| ||||||
| 13 | (d) Any party to a public contract without regard | ||||||
| 14 | to the number of
employees;
| ||||||
| 15 | (e) A joint apprenticeship or training committee | ||||||
| 16 | without regard to the
number of employees.
| ||||||
| 17 | (2) "Employer" does not include any place of worship, | ||||||
| 18 | religious corporation,
association, educational | ||||||
| 19 | institution, society, or non-profit nursing
institution | ||||||
| 20 | conducted by and for those who rely upon treatment by | ||||||
| 21 | prayer
through spiritual means in accordance with the | ||||||
| 22 | tenets of a recognized
church or religious denomination | ||||||
| 23 | with respect to the employment of
individuals of a | ||||||
| 24 | particular religion to perform work connected with the
| ||||||
| 25 | carrying on by such place of worship, corporation, | ||||||
| 26 | association, educational institution,
society or | ||||||
| |||||||
| |||||||
| 1 | non-profit nursing institution of its activities.
| ||||||
| 2 | (C) Employment Agency. "Employment Agency" includes both | ||||||
| 3 | public and
private employment agencies and any person, labor | ||||||
| 4 | organization, or labor
union having a hiring hall or hiring | ||||||
| 5 | office regularly undertaking, with
or without compensation, to | ||||||
| 6 | procure opportunities to work, or to
procure, recruit, refer or | ||||||
| 7 | place employees.
| ||||||
| 8 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
| 9 | organization, labor union, craft union, or any voluntary | ||||||
| 10 | unincorporated
association designed to further the cause of the | ||||||
| 11 | rights of union labor
which is constituted for the purpose, in | ||||||
| 12 | whole or in part, of collective
bargaining or of dealing with | ||||||
| 13 | employers concerning grievances, terms or
conditions of | ||||||
| 14 | employment, or apprenticeships or applications for
| ||||||
| 15 | apprenticeships, or of other mutual aid or protection in | ||||||
| 16 | connection with
employment, including apprenticeships or | ||||||
| 17 | applications for apprenticeships.
| ||||||
| 18 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
| 19 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
| 20 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
| 21 | is made either explicitly or implicitly
a term or condition of | ||||||
| 22 | an individual's employment, (2) submission to or
rejection of | ||||||
| 23 | such conduct by an individual is used as the basis for
| ||||||
| 24 | employment decisions affecting such individual, or (3) such | ||||||
| 25 | conduct has the
purpose or effect of substantially interfering | ||||||
| 26 | with an individual's work
performance or creating an | ||||||
| |||||||
| |||||||
| 1 | intimidating, hostile or offensive working
environment.
| ||||||
| 2 | For purposes of this definition, the phrase "working | ||||||
| 3 | environment" is not limited to a physical location an employee | ||||||
| 4 | is assigned to perform his or her duties. | ||||||
| 5 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
| 6 | on the basis of an individual's actual or perceived race, | ||||||
| 7 | color, religion, national origin, ancestry, age, sex, marital | ||||||
| 8 | status, order of protection status, disability, military | ||||||
| 9 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
| 10 | from military service, or citizenship status that has the | ||||||
| 11 | purpose or effect of substantially interfering with the | ||||||
| 12 | individual's work performance or creating an intimidating, | ||||||
| 13 | hostile, or offensive working environment. For purposes of this | ||||||
| 14 | definition, the phrase "working environment" is not limited to | ||||||
| 15 | a physical location an employee is assigned to perform his or | ||||||
| 16 | her duties. | ||||||
| 17 | (F) Religion. "Religion" with respect to employers | ||||||
| 18 | includes all
aspects of religious observance and practice, as | ||||||
| 19 | well as belief, unless an
employer demonstrates that he is | ||||||
| 20 | unable to reasonably accommodate an
employee's or prospective | ||||||
| 21 | employee's religious observance or practice
without undue | ||||||
| 22 | hardship on the conduct of the employer's business.
| ||||||
| 23 | (G) Public Employer. "Public employer" means the State, an | ||||||
| 24 | agency or
department thereof, unit of local government, school | ||||||
| 25 | district,
instrumentality or political subdivision.
| ||||||
| 26 | (H) Public Employee. "Public employee" means an employee of | ||||||
| |||||||
| |||||||
| 1 | the State,
agency or department thereof, unit of local | ||||||
| 2 | government, school district,
instrumentality or political | ||||||
| 3 | subdivision. "Public employee" does not include
public | ||||||
| 4 | officers or employees of the General Assembly or agencies | ||||||
| 5 | thereof.
| ||||||
| 6 | (I) Public Officer. "Public officer" means a person who is | ||||||
| 7 | elected to
office pursuant to the Constitution or a statute or | ||||||
| 8 | ordinance, or who is
appointed to an office which is | ||||||
| 9 | established, and the qualifications and
duties of which are | ||||||
| 10 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
| 11 | discharge a public duty for the State, agency or department
| ||||||
| 12 | thereof, unit of local government, school district, | ||||||
| 13 | instrumentality or
political subdivision.
| ||||||
| 14 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
| 15 | prior to contract award or prior to bid opening for State | ||||||
| 16 | contracts for construction or construction-related services, | ||||||
| 17 | has filed with the Department a properly completed, sworn and
| ||||||
| 18 | currently valid employer report form, pursuant to the | ||||||
| 19 | Department's regulations.
The provisions of this Article | ||||||
| 20 | relating to eligible bidders apply only
to bids on contracts | ||||||
| 21 | with the State and its departments, agencies, boards,
and | ||||||
| 22 | commissions, and the provisions do not apply to bids on | ||||||
| 23 | contracts with
units of local government or school districts.
| ||||||
| 24 | (K) Citizenship Status. "Citizenship status" means the | ||||||
| 25 | status of being:
| ||||||
| 26 | (1) a born U.S. citizen;
| ||||||
| |||||||
| |||||||
| 1 | (2) a naturalized U.S. citizen;
| ||||||
| 2 | (3) a U.S. national; or
| ||||||
| 3 | (4) a person born outside the United States and not a | ||||||
| 4 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
| 5 | protected from discrimination under
the provisions of | ||||||
| 6 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
| 7 | or hereafter amended.
| ||||||
| 8 | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; | ||||||
| 9 | 101-430, eff. 7-1-20; revised 9-18-19.)
| ||||||
| 10 | (775 ILCS 5/2-108) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 12 | Sec. 2-108. Employer disclosure requirements. | ||||||
| 13 | (A) Definitions. The following definitions are applicable | ||||||
| 14 | strictly to this Section: | ||||||
| 15 | (1) "Employer" means: | ||||||
| 16 | (a) any person employing one or more employees | ||||||
| 17 | within this State; | ||||||
| 18 | (b) a labor organization; or | ||||||
| 19 | (c) the State and any political subdivision, | ||||||
| 20 | municipal corporation, or other governmental unit or | ||||||
| 21 | agency, without regard to the number of employees. | ||||||
| 22 | (2) "Settlement" means any written commitment or | ||||||
| 23 | written agreement, including any agreed judgment, | ||||||
| 24 | stipulation, decree, agreement to settle, assurance of | ||||||
| 25 | discontinuance, or otherwise between an employee, as | ||||||
| |||||||
| |||||||
| 1 | defined by subsection (A) of Section 2-101, or a | ||||||
| 2 | nonemployee to whom an employer owes a duty under this Act | ||||||
| 3 | pursuant to subsection (A-10) or (D-5) of Section 2-102, | ||||||
| 4 | and an employer under which the employer directly or | ||||||
| 5 | indirectly provides to an individual compensation or other | ||||||
| 6 | consideration due to an allegation that the individual has | ||||||
| 7 | been a victim of sexual harassment or unlawful | ||||||
| 8 | discrimination under this Act. | ||||||
| 9 | (3) "Adverse judgment or administrative ruling" means | ||||||
| 10 | any final and non-appealable adverse judgment or final and | ||||||
| 11 | non-appealable administrative ruling entered in favor of | ||||||
| 12 | an employee as defined by subsection (A) of Section 2-101 | ||||||
| 13 | or a nonemployee to whom an employer owes a duty under this | ||||||
| 14 | Act pursuant to subsection (A-10) or (D-5) of Section | ||||||
| 15 | 2-102, and against the employer during the preceding year | ||||||
| 16 | in which there was a finding of sexual harassment or | ||||||
| 17 | unlawful discrimination brought under this Act, Title VII | ||||||
| 18 | of the Civil Rights Act of 1964, or any other federal, | ||||||
| 19 | State, or local law prohibiting sexual harassment or | ||||||
| 20 | unlawful discrimination. | ||||||
| 21 | (B) Required disclosures. Beginning July 1, 2020, and by | ||||||
| 22 | each July 1 thereafter, each employer that had an adverse | ||||||
| 23 | judgment or administrative ruling against it in the preceding | ||||||
| 24 | calendar year, as provided in this Section, shall disclose | ||||||
| 25 | annually to the Department of Human Rights the following | ||||||
| 26 | information: | ||||||
| |||||||
| |||||||
| 1 | (1) the total number of adverse judgments or | ||||||
| 2 | administrative rulings during the preceding year; | ||||||
| 3 | (2) whether any equitable relief was ordered against | ||||||
| 4 | the employer in any adverse judgment or administrative | ||||||
| 5 | ruling described in paragraph (1); | ||||||
| 6 | (3) how many adverse judgments or administrative | ||||||
| 7 | rulings described in paragraph (1) are in each of the | ||||||
| 8 | following categories: | ||||||
| 9 | (a) sexual harassment; | ||||||
| 10 | (b) discrimination or harassment on the basis of | ||||||
| 11 | sex; | ||||||
| 12 | (c) discrimination or harassment on the basis of | ||||||
| 13 | race, color, or national origin; | ||||||
| 14 | (d) discrimination or harassment on the basis of | ||||||
| 15 | religion; | ||||||
| 16 | (e) discrimination or harassment on the basis of | ||||||
| 17 | age; | ||||||
| 18 | (f) discrimination or harassment on the basis of | ||||||
| 19 | disability; | ||||||
| 20 | (g) discrimination or harassment on the basis of | ||||||
| 21 | military status or unfavorable discharge from military | ||||||
| 22 | status; | ||||||
| 23 | (h) discrimination or harassment on the basis of | ||||||
| 24 | sexual orientation or gender identity; and | ||||||
| 25 | (i) discrimination or harassment on the basis of | ||||||
| 26 | any other characteristic protected under this Act. ; | ||||||
| |||||||
| |||||||
| 1 | (C) Settlements. If the Department is investigating a | ||||||
| 2 | charge filed pursuant to this Act, the Department may request | ||||||
| 3 | the employer responding to the charge to submit the total | ||||||
| 4 | number of settlements entered into during the preceding 5 | ||||||
| 5 | years, or less at the direction of the Department, that relate | ||||||
| 6 | to any alleged act of sexual harassment or unlawful | ||||||
| 7 | discrimination that: | ||||||
| 8 | (1) occurred in the workplace of the employer; or | ||||||
| 9 | (2) involved the behavior of an employee of the | ||||||
| 10 | employer or a corporate executive of the employer, without | ||||||
| 11 | regard to whether that behavior occurred in the workplace | ||||||
| 12 | of the employer. | ||||||
| 13 | The total number of settlements entered into during the | ||||||
| 14 | requested period shall be reported along with how many | ||||||
| 15 | settlements are in each of the following categories, when | ||||||
| 16 | requested by the Department pursuant to this subsection: | ||||||
| 17 | (a) sexual harassment; | ||||||
| 18 | (b) discrimination or harassment on the basis of sex; | ||||||
| 19 | (c) discrimination or harassment on the basis of race, | ||||||
| 20 | color, or national origin; | ||||||
| 21 | (d) discrimination or harassment on the basis of | ||||||
| 22 | religion; | ||||||
| 23 | (e) discrimination or harassment on the basis of age; | ||||||
| 24 | (f) discrimination or harassment on the basis of | ||||||
| 25 | disability; | ||||||
| 26 | (g) discrimination or harassment on the basis of | ||||||
| |||||||
| |||||||
| 1 | military status or unfavorable discharge from military | ||||||
| 2 | status; | ||||||
| 3 | (h) discrimination or harassment on the basis of sexual | ||||||
| 4 | orientation or gender identity; and | ||||||
| 5 | (i) discrimination or harassment on the basis of any | ||||||
| 6 | other characteristic protected under this Act; | ||||||
| 7 | The Department shall not rely on the existence of any | ||||||
| 8 | settlement agreement to support a finding of substantial | ||||||
| 9 | evidence under this Act. | ||||||
| 10 | (D) Prohibited disclosures. An employer may not disclose | ||||||
| 11 | the name of a victim of an act of alleged sexual harassment or | ||||||
| 12 | unlawful discrimination in any disclosures required under this | ||||||
| 13 | Section. | ||||||
| 14 | (E) Annual report. The Department shall publish an annual | ||||||
| 15 | report aggregating the information reported by employers under | ||||||
| 16 | subsection (B) of this Section such that no individual employer | ||||||
| 17 | data is available to the public. The report shall include the | ||||||
| 18 | number of adverse judgments or administrative rulings filed | ||||||
| 19 | during the preceding calendar year based on each of the | ||||||
| 20 | protected classes identified by this Act. | ||||||
| 21 | The report shall be filed with the General Assembly and | ||||||
| 22 | made available to the public by December 31 of each reporting | ||||||
| 23 | year. Data submitted by an employer to comply with this Section | ||||||
| 24 | is confidential and exempt from the Freedom of Information Act. | ||||||
| 25 | (F) Failure to report and penalties. If an employer fails | ||||||
| 26 | to make any disclosures required under this Section, the | ||||||
| |||||||
| |||||||
| 1 | Department shall issue a notice to show cause giving the | ||||||
| 2 | employer 30 days to disclose the required information. If the | ||||||
| 3 | employer does not make the required disclosures within 30 days, | ||||||
| 4 | the Department shall petition the Illinois Human Rights | ||||||
| 5 | Commission for entry of an order imposing a civil penalty | ||||||
| 6 | against the employer pursuant to Section 8-109.1. The civil | ||||||
| 7 | penalty shall be paid into the Department of Human Rights' | ||||||
| 8 | Training and Development Fund. | ||||||
| 9 | (G) Rules. The Department shall adopt any rules it deems | ||||||
| 10 | necessary for implementation of this Section. | ||||||
| 11 | (H) This Section is repealed on January 1, 2030.
| ||||||
| 12 | (Source: P.A. 101-221, eff. 1-1-20; revised 9-12-19.)
| ||||||
| 13 | (775 ILCS 5/6-102) | ||||||
| 14 | Sec. 6-102. Violations of other Acts. A person who violates | ||||||
| 15 | the Section 11-117-12.2 of the Illinois Municipal Code, Section | ||||||
| 16 | 224.05 of the Illinois Insurance Code, Section 8-201.5 of the | ||||||
| 17 | Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11, | ||||||
| 18 | and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of | ||||||
| 19 | the Interest Act, the Military Personnel Cellular Phone | ||||||
| 20 | Contract Termination Act, Section 405-272 of the Civil | ||||||
| 21 | Administrative Code of Illinois, Section 10-63 of the Illinois | ||||||
| 22 | Administrative Procedure Act, Sections 30.25 and 30.30 of the | ||||||
| 23 | Military Code of Illinois, Section 16 of the Landlord and | ||||||
| 24 | Tenant Act, Section 26.5 of the Retail Installment Sales Act, | ||||||
| 25 | or Section 37 of the Motor Vehicle Leasing Act commits a civil | ||||||
| |||||||
| |||||||
| 1 | rights violation within the meaning of this Act.
| ||||||
| 2 | (Source: P.A. 100-1101, eff. 1-1-19; revised 7-16-19.)
| ||||||
| 3 | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| ||||||
| 4 | Sec. 7A-102. Procedures.
| ||||||
| 5 | (A) Charge.
| ||||||
| 6 | (1) Within 300 calendar days after the
date that a | ||||||
| 7 | civil rights violation allegedly has been committed, a
| ||||||
| 8 | charge in writing under oath or affirmation may be filed | ||||||
| 9 | with the
Department by an aggrieved party or issued by the | ||||||
| 10 | Department itself
under the signature of the Director.
| ||||||
| 11 | (2) The charge shall be in such detail as to | ||||||
| 12 | substantially apprise
any party properly concerned as to | ||||||
| 13 | the time, place, and facts
surrounding the alleged civil | ||||||
| 14 | rights violation.
| ||||||
| 15 | (3) Charges deemed filed with the Department pursuant | ||||||
| 16 | to subsection (A-1) of this Section shall be deemed to be | ||||||
| 17 | in compliance with this subsection. | ||||||
| 18 | (A-1) Equal Employment Opportunity Commission Charges. | ||||||
| 19 | (1) If a charge is filed with the Equal Employment | ||||||
| 20 | Opportunity Commission (EEOC) within 300 calendar days | ||||||
| 21 | after the date of the alleged civil rights violation, the | ||||||
| 22 | charge shall be deemed filed with the Department on the | ||||||
| 23 | date filed with the EEOC. If the EEOC is the governmental | ||||||
| 24 | agency designated to investigate the charge first, the | ||||||
| 25 | Department shall take no action until the EEOC makes a | ||||||
| |||||||
| |||||||
| 1 | determination on the charge and after the complainant | ||||||
| 2 | notifies the Department of the EEOC's determination. In | ||||||
| 3 | such cases, after receiving notice from the EEOC that a | ||||||
| 4 | charge was filed, the Department shall notify the parties | ||||||
| 5 | that (i) a charge has been received by the EEOC and has | ||||||
| 6 | been sent to the Department for dual filing purposes; (ii) | ||||||
| 7 | the EEOC is the governmental agency responsible for | ||||||
| 8 | investigating the charge and that the investigation shall | ||||||
| 9 | be conducted pursuant to the rules and procedures adopted | ||||||
| 10 | by the EEOC; (iii) it will take no action on the charge | ||||||
| 11 | until the EEOC issues its determination; (iv) the | ||||||
| 12 | complainant must submit a copy of the EEOC's determination | ||||||
| 13 | within 30 days after service of the determination by the | ||||||
| 14 | EEOC on the complainant; and (v) that the time period to | ||||||
| 15 | investigate the charge contained in subsection (G) of this | ||||||
| 16 | Section is tolled from the date on which the charge is | ||||||
| 17 | filed with the EEOC until the EEOC issues its | ||||||
| 18 | determination. | ||||||
| 19 | (2) If the EEOC finds reasonable cause to believe that | ||||||
| 20 | there has been a violation of federal law and if the | ||||||
| 21 | Department is timely notified of the EEOC's findings by the | ||||||
| 22 | complainant, the Department shall notify the complainant | ||||||
| 23 | that the Department has adopted the EEOC's determination of | ||||||
| 24 | reasonable cause and that the complainant has the right, | ||||||
| 25 | within 90 days after receipt of the Department's notice, to | ||||||
| 26 | either file his or her own complaint with the Illinois | ||||||
| |||||||
| |||||||
| 1 | Human Rights Commission or commence a civil action in the | ||||||
| 2 | appropriate circuit court or other appropriate court of | ||||||
| 3 | competent jurisdiction. This notice shall be provided to | ||||||
| 4 | the complainant within 10 business days after the | ||||||
| 5 | Department's receipt of the EEOC's determination. The | ||||||
| 6 | Department's notice to the complainant that the Department | ||||||
| 7 | has adopted the EEOC's determination of reasonable cause | ||||||
| 8 | shall constitute the Department's Report for purposes of | ||||||
| 9 | subparagraph (D) of this Section. | ||||||
| 10 | (3) For those charges alleging violations within the | ||||||
| 11 | jurisdiction of both the EEOC and the Department and for | ||||||
| 12 | which the EEOC either (i) does not issue a determination, | ||||||
| 13 | but does issue the complainant a notice of a right to sue, | ||||||
| 14 | including when the right to sue is issued at the request of | ||||||
| 15 | the complainant, or (ii) determines that it is unable to | ||||||
| 16 | establish that illegal discrimination has occurred and | ||||||
| 17 | issues the complainant a right to sue notice, and if the | ||||||
| 18 | Department is timely notified of the EEOC's determination | ||||||
| 19 | by the complainant, the Department shall notify the | ||||||
| 20 | parties, within 10 business days after receipt of the | ||||||
| 21 | EEOC's determination, that the Department will adopt the | ||||||
| 22 | EEOC's determination as a dismissal for lack of substantial | ||||||
| 23 | evidence unless the complainant requests in writing within | ||||||
| 24 | 35 days after receipt of the Department's notice that the | ||||||
| 25 | Department review the EEOC's determination. | ||||||
| 26 | (a) If the complainant does not file a written | ||||||
| |||||||
| |||||||
| 1 | request with the Department to review the EEOC's | ||||||
| 2 | determination within 35 days after receipt of the | ||||||
| 3 | Department's notice, the Department shall notify the | ||||||
| 4 | complainant, within 10 business days after the | ||||||
| 5 | expiration of the 35-day period, that the decision of | ||||||
| 6 | the EEOC has been adopted by the Department as a | ||||||
| 7 | dismissal for lack of substantial evidence and that the | ||||||
| 8 | complainant has the right, within 90 days after receipt | ||||||
| 9 | of the Department's notice, to commence a civil action | ||||||
| 10 | in the appropriate circuit court or other appropriate | ||||||
| 11 | court of competent jurisdiction. The Department's | ||||||
| 12 | notice to the complainant that the Department has | ||||||
| 13 | adopted the EEOC's determination shall constitute the | ||||||
| 14 | Department's report for purposes of subparagraph (D) | ||||||
| 15 | of this Section. | ||||||
| 16 | (b) If the complainant does file a written request | ||||||
| 17 | with the Department to review the EEOC's | ||||||
| 18 | determination, the Department shall review the EEOC's | ||||||
| 19 | determination and any evidence obtained by the EEOC | ||||||
| 20 | during its investigation. If, after reviewing the | ||||||
| 21 | EEOC's determination and any evidence obtained by the | ||||||
| 22 | EEOC, the Department determines there is no need for | ||||||
| 23 | further investigation of the charge, the Department | ||||||
| 24 | shall issue a report and the Director shall determine | ||||||
| 25 | whether there is substantial evidence that the alleged | ||||||
| 26 | civil rights violation has been committed pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsection (D) of this Section 7A-102. If, after | ||||||
| 2 | reviewing the EEOC's determination and any evidence | ||||||
| 3 | obtained by the EEOC, the Department determines there | ||||||
| 4 | is a need for further investigation of the charge, the | ||||||
| 5 | Department may conduct any further investigation it | ||||||
| 6 | deems necessary. After reviewing the EEOC's | ||||||
| 7 | determination, the evidence obtained by the EEOC, and | ||||||
| 8 | any additional investigation conducted by the | ||||||
| 9 | Department, the Department shall issue a report and the | ||||||
| 10 | Director shall determine whether there is substantial | ||||||
| 11 | evidence that the alleged civil rights violation has | ||||||
| 12 | been committed pursuant to subsection (D) of this | ||||||
| 13 | Section 7A-102 of this Act. | ||||||
| 14 | (4) Pursuant to this Section, if the EEOC dismisses the | ||||||
| 15 | charge or a portion of the charge of discrimination | ||||||
| 16 | because, under federal law, the EEOC lacks jurisdiction | ||||||
| 17 | over the charge, and if, under this Act, the Department has | ||||||
| 18 | jurisdiction over the charge of discrimination, the | ||||||
| 19 | Department shall investigate the charge or portion of the | ||||||
| 20 | charge dismissed by the EEOC for lack of jurisdiction | ||||||
| 21 | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | ||||||
| 22 | (E), (F), (G), (H), (I), (J), and (K) of this Section | ||||||
| 23 | 7A-102 of this Act. | ||||||
| 24 | (5) The time limit set out in subsection (G) of this | ||||||
| 25 | Section is tolled from the date on which the charge is | ||||||
| 26 | filed with the EEOC to the date on which the EEOC issues | ||||||
| |||||||
| |||||||
| 1 | its determination.
| ||||||
| 2 | (6) The failure of the Department to meet the | ||||||
| 3 | 10-business-day notification deadlines set out in | ||||||
| 4 | paragraph (2) of this subsection shall not impair the | ||||||
| 5 | rights of any party.
| ||||||
| 6 | (B) Notice and Response to Charge.
The Department shall, | ||||||
| 7 | within 10
days of the date on which the charge
was filed, serve | ||||||
| 8 | a copy of the charge on the respondent and provide all parties | ||||||
| 9 | with a notice of the complainant's right to opt out of the | ||||||
| 10 | investigation within 60 days as set forth in subsection (C-1). | ||||||
| 11 | This period shall
not be construed to be jurisdictional. The | ||||||
| 12 | charging party and the respondent
may each file a position | ||||||
| 13 | statement and other materials with the Department
regarding the | ||||||
| 14 | charge of alleged discrimination within 60 days of receipt of | ||||||
| 15 | the
notice of the charge. The position statements and other | ||||||
| 16 | materials filed shall
remain confidential unless otherwise | ||||||
| 17 | agreed to by the party providing the
information and shall not | ||||||
| 18 | be served on or made available to the other
party during the | ||||||
| 19 | pendency
of a charge with the Department. The Department may
| ||||||
| 20 | require the respondent to file a response to
the allegations | ||||||
| 21 | contained in the charge. Upon the Department's request, the | ||||||
| 22 | respondent shall
file a response to the charge within 60 days | ||||||
| 23 | and shall serve a copy
of its response on the
complainant or | ||||||
| 24 | his or her representative. Notwithstanding any request from the | ||||||
| 25 | Department,
the respondent may elect to file a response to the | ||||||
| 26 | charge
within 60 days of receipt of notice of the charge, | ||||||
| |||||||
| |||||||
| 1 | provided the respondent serves a copy of its response on the | ||||||
| 2 | complainant or his or her representative. All allegations | ||||||
| 3 | contained in the charge
not denied by the respondent within 60 | ||||||
| 4 | days of the Department's request for a response may be deemed | ||||||
| 5 | admitted, unless the
respondent states that it is without | ||||||
| 6 | sufficient information to
form a belief with respect to such | ||||||
| 7 | allegation. The Department may issue
a notice of default | ||||||
| 8 | directed to any respondent who fails to file a
response to a | ||||||
| 9 | charge within 60 days of receipt of the Department's request,
| ||||||
| 10 | unless the respondent can
demonstrate good cause as
to why such | ||||||
| 11 | notice should not issue. The term "good cause" shall be defined | ||||||
| 12 | by rule promulgated by the Department. Within 30 days of | ||||||
| 13 | receipt
of the respondent's response, the complainant may file | ||||||
| 14 | a
reply to
said response and
shall serve
a copy of said reply | ||||||
| 15 | on the respondent or his or her representative. A party
shall | ||||||
| 16 | have the right to supplement his or her response or reply at | ||||||
| 17 | any time that
the investigation of the charge is pending. The | ||||||
| 18 | Department shall,
within 10 days of the date on which the | ||||||
| 19 | charge was filed,
and again no later than 335 days thereafter,
| ||||||
| 20 | send by certified or registered mail, or electronic mail if | ||||||
| 21 | elected by the party, written notice to the complainant
and to | ||||||
| 22 | the respondent
informing the complainant
of the complainant's | ||||||
| 23 | rights to either file a complaint with the Human
Rights | ||||||
| 24 | Commission or commence a civil action in the appropriate | ||||||
| 25 | circuit court
under subparagraph (2) of paragraph (G), | ||||||
| 26 | including in such notice the dates
within which the complainant | ||||||
| |||||||
| |||||||
| 1 | may exercise these rights.
In the notice the Department shall | ||||||
| 2 | notify the complainant that the
charge of civil rights | ||||||
| 3 | violation will be dismissed with prejudice and with no
right to | ||||||
| 4 | further proceed if a written complaint is not timely filed with
| ||||||
| 5 | the Commission or with the appropriate circuit court by the | ||||||
| 6 | complainant pursuant to subparagraph (2) of paragraph (G)
or by | ||||||
| 7 | the Department pursuant to subparagraph (1) of paragraph (G).
| ||||||
| 8 | (B-1) Mediation. The complainant and respondent may agree | ||||||
| 9 | to voluntarily
submit the charge
to mediation without waiving | ||||||
| 10 | any rights that are otherwise available to
either party | ||||||
| 11 | pursuant to this Act and without incurring any obligation to
| ||||||
| 12 | accept the result of the mediation process. Nothing occurring | ||||||
| 13 | in mediation
shall
be disclosed by the Department or admissible | ||||||
| 14 | in evidence in any subsequent
proceeding unless the complainant | ||||||
| 15 | and the respondent agree in writing that such
disclosure be | ||||||
| 16 | made.
| ||||||
| 17 | (C) Investigation.
| ||||||
| 18 | (1) The
Department shall conduct an investigation | ||||||
| 19 | sufficient to determine whether the allegations set
forth | ||||||
| 20 | in the charge are supported by substantial evidence unless | ||||||
| 21 | the complainant elects to opt out of an investigation | ||||||
| 22 | pursuant to subsection (C-1).
| ||||||
| 23 | (2) The Director or his or her designated | ||||||
| 24 | representatives shall have
authority to request any member | ||||||
| 25 | of the Commission to issue subpoenas to
compel the | ||||||
| 26 | attendance of a witness or the production for
examination | ||||||
| |||||||
| |||||||
| 1 | of any books, records or documents whatsoever.
| ||||||
| 2 | (3) If any witness whose testimony is required for any | ||||||
| 3 | investigation
resides outside the State, or through | ||||||
| 4 | illness or any other good cause as
determined by the | ||||||
| 5 | Director is unable to be interviewed by the investigator
or | ||||||
| 6 | appear at a fact finding conference, his or her testimony | ||||||
| 7 | or deposition
may be taken, within or without the State, in | ||||||
| 8 | the same manner as is
provided for in the taking of | ||||||
| 9 | depositions in civil cases in circuit courts.
| ||||||
| 10 | (4) Upon reasonable notice to the complainant and the | ||||||
| 11 | respondent,
the Department shall conduct a fact finding | ||||||
| 12 | conference, unless prior to
365 days after the date on | ||||||
| 13 | which the charge was filed the Director has determined | ||||||
| 14 | whether there is substantial evidence
that the alleged | ||||||
| 15 | civil rights violation has been committed, the charge has
| ||||||
| 16 | been dismissed for lack of jurisdiction, or the parties | ||||||
| 17 | voluntarily and in writing agree to waive the fact finding | ||||||
| 18 | conference. Any party's failure to attend the conference | ||||||
| 19 | without good cause
shall result in dismissal or default. | ||||||
| 20 | The term "good cause"
shall
be defined by rule promulgated | ||||||
| 21 | by the Department. A notice of dismissal or
default shall | ||||||
| 22 | be issued by the Director. The notice of default issued by | ||||||
| 23 | the Director shall notify the respondent that a request for | ||||||
| 24 | review may be filed in writing with the Commission
within | ||||||
| 25 | 30 days of receipt of notice of default. The notice of | ||||||
| 26 | dismissal issued by the Director shall give
the complainant | ||||||
| |||||||
| |||||||
| 1 | notice of his or her right to seek review of the dismissal
| ||||||
| 2 | before the Human Rights Commission or commence a civil | ||||||
| 3 | action in the
appropriate circuit court. If the complainant | ||||||
| 4 | chooses to have the Human Rights Commission review the | ||||||
| 5 | dismissal order, he or she shall file a request for review | ||||||
| 6 | with the Commission within 90 days after receipt of the | ||||||
| 7 | Director's notice. If the complainant chooses to file a | ||||||
| 8 | request for review with the Commission, he or she may not | ||||||
| 9 | later commence a civil action in a circuit court. If the | ||||||
| 10 | complainant chooses to commence a civil action in a circuit | ||||||
| 11 | court, he or she must do so within 90 days after receipt of | ||||||
| 12 | the Director's notice.
| ||||||
| 13 | (C-1) Opt out of Department's investigation. At any time | ||||||
| 14 | within 60 days after receipt of notice of the right to opt out, | ||||||
| 15 | a complainant may submit a written request seeking notice from | ||||||
| 16 | the Director indicating that the complainant has opted out of | ||||||
| 17 | the investigation and may commence a civil action in the | ||||||
| 18 | appropriate circuit court or other appropriate court of | ||||||
| 19 | competent jurisdiction. Within 10 business days of receipt of | ||||||
| 20 | the complainant's request to opt out of the investigation, the | ||||||
| 21 | Director shall issue a notice to the parties stating that: (i) | ||||||
| 22 | the complainant has exercised the right to opt out of the | ||||||
| 23 | investigation; (ii) the complainant has 90 days after receipt | ||||||
| 24 | of the Director's notice to commence an action in the | ||||||
| 25 | appropriate circuit court or other appropriate court of | ||||||
| 26 | competent jurisdiction; and (iii) the Department has ceased its | ||||||
| |||||||
| |||||||
| 1 | investigation and is administratively closing the charge. The | ||||||
| 2 | complainant shall notify the Department and the respondent that | ||||||
| 3 | a complaint has been filed with the appropriate circuit court | ||||||
| 4 | or other appropriate court of competent jurisdiction and shall | ||||||
| 5 | mail a copy of the complaint to the Department and the | ||||||
| 6 | respondent on the same date that the complaint is filed with | ||||||
| 7 | the appropriate court. Once a complainant has opted out of the | ||||||
| 8 | investigation under this subsection, he or she may not file or | ||||||
| 9 | refile a substantially similar charge with the Department | ||||||
| 10 | arising from the same incident of unlawful discrimination or | ||||||
| 11 | harassment. | ||||||
| 12 | (D) Report.
| ||||||
| 13 | (1) Each charge investigated under subsection (C) | ||||||
| 14 | shall be the
subject of a
report to the Director. The | ||||||
| 15 | report shall be a confidential document
subject to review | ||||||
| 16 | by the Director, authorized Department employees, the
| ||||||
| 17 | parties, and, where indicated by this Act, members of the | ||||||
| 18 | Commission or
their designated hearing officers.
| ||||||
| 19 | (2) Upon review of the report, the Director shall | ||||||
| 20 | determine whether
there is substantial evidence that the | ||||||
| 21 | alleged civil rights violation
has been committed.
The | ||||||
| 22 | determination of substantial evidence is limited to | ||||||
| 23 | determining the need
for further consideration of the | ||||||
| 24 | charge pursuant to this Act
and includes, but is not | ||||||
| 25 | limited to, findings of fact and conclusions, as well
as | ||||||
| 26 | the reasons for the determinations on all material issues. | ||||||
| |||||||
| |||||||
| 1 | Substantial evidence is evidence which a reasonable mind | ||||||
| 2 | accepts
as sufficient to support a particular conclusion | ||||||
| 3 | and which consists of more
than a mere scintilla but may be | ||||||
| 4 | somewhat less than a preponderance.
| ||||||
| 5 | (3) If the Director determines
that there is no | ||||||
| 6 | substantial
evidence, the charge shall be dismissed by | ||||||
| 7 | order of the
Director and the Director shall give the
| ||||||
| 8 | complainant notice of his or her right to seek review of | ||||||
| 9 | the dismissal order before the
Commission or commence a | ||||||
| 10 | civil action in the appropriate circuit court. If the | ||||||
| 11 | complainant chooses to have the Human Rights Commission | ||||||
| 12 | review the dismissal order, he or she shall file a request | ||||||
| 13 | for review with the Commission within 90 days after receipt | ||||||
| 14 | of the Director's notice. If the complainant chooses to | ||||||
| 15 | file a request for review with the Commission, he or she | ||||||
| 16 | may not later commence a civil action in a circuit court. | ||||||
| 17 | If the complainant chooses to commence a civil action in a | ||||||
| 18 | circuit court, he or she must do so within 90 days after | ||||||
| 19 | receipt of the Director's notice.
| ||||||
| 20 | (4) If the Director determines that there is | ||||||
| 21 | substantial evidence, he or she shall notify the | ||||||
| 22 | complainant and respondent of that determination. The | ||||||
| 23 | Director shall also notify the parties that the complainant | ||||||
| 24 | has the right to either commence a civil action in the | ||||||
| 25 | appropriate circuit court or request that the Department of | ||||||
| 26 | Human Rights file a complaint with the Human Rights | ||||||
| |||||||
| |||||||
| 1 | Commission on his or her behalf. Any such complaint shall | ||||||
| 2 | be filed within 90 days after receipt of the Director's | ||||||
| 3 | notice. If the complainant chooses to have the Department | ||||||
| 4 | file a complaint with the Human Rights Commission on his or | ||||||
| 5 | her behalf, the complainant must, within 30 days after | ||||||
| 6 | receipt of the Director's notice, request in writing that | ||||||
| 7 | the Department file the complaint. If the complainant | ||||||
| 8 | timely requests that the Department file the complaint, the | ||||||
| 9 | Department shall file the complaint on his or her behalf. | ||||||
| 10 | If the complainant fails to timely request that the | ||||||
| 11 | Department file the complaint, the complainant may file his | ||||||
| 12 | or her complaint with the Commission or commence a civil | ||||||
| 13 | action in the appropriate circuit court.
If the complainant | ||||||
| 14 | files a complaint with
the Human Rights Commission, the | ||||||
| 15 | complainant shall give notice to the
Department of the | ||||||
| 16 | filing of the complaint with the Human Rights Commission. | ||||||
| 17 | (E) Conciliation.
| ||||||
| 18 |
(1) When there is a finding of substantial evidence, | ||||||
| 19 | the Department may designate a Department employee who is | ||||||
| 20 | an attorney
licensed to practice in Illinois to endeavor to | ||||||
| 21 | eliminate the effect of
the alleged civil rights violation | ||||||
| 22 | and to prevent its repetition by
means of conference and | ||||||
| 23 | conciliation.
| ||||||
| 24 | (2) When the Department determines that a formal
| ||||||
| 25 | conciliation conference is necessary, the complainant and | ||||||
| 26 | respondent
shall be notified of the time and place of the | ||||||
| |||||||
| |||||||
| 1 | conference by registered
or certified mail at least 10 days | ||||||
| 2 | prior thereto and either or both
parties shall appear at | ||||||
| 3 | the conference in person or by attorney.
| ||||||
| 4 | (3) The place fixed for the conference shall be within | ||||||
| 5 | 35 miles of
the place where the civil rights violation is | ||||||
| 6 | alleged to have been
committed.
| ||||||
| 7 | (4) Nothing occurring at the conference shall be | ||||||
| 8 | disclosed by the
Department unless
the complainant and | ||||||
| 9 | respondent agree in writing that
such disclosure be made.
| ||||||
| 10 | (5) The Department's efforts to conciliate the matter | ||||||
| 11 | shall not stay or extend the time for filing the complaint | ||||||
| 12 | with the Commission or the circuit court.
| ||||||
| 13 | (F) Complaint.
| ||||||
| 14 | (1) When the complainant requests that the Department | ||||||
| 15 | file a complaint with the Commission on his or her behalf, | ||||||
| 16 | the Department shall prepare a
written complaint, under | ||||||
| 17 | oath or affirmation, stating the nature of the
civil rights | ||||||
| 18 | violation substantially as alleged in the charge | ||||||
| 19 | previously
filed and the relief sought on behalf of the | ||||||
| 20 | aggrieved party. The Department shall file the complaint | ||||||
| 21 | with the Commission.
| ||||||
| 22 | (2) If the complainant chooses to commence a civil | ||||||
| 23 | action in a circuit court, he or she must do so in the | ||||||
| 24 | circuit court in the county wherein the civil rights | ||||||
| 25 | violation was allegedly committed. The form of the | ||||||
| 26 | complaint in any such civil action shall be in accordance | ||||||
| |||||||
| |||||||
| 1 | with the Illinois Code of Civil Procedure.
| ||||||
| 2 | (G) Time Limit.
| ||||||
| 3 | (1) When a charge of a civil rights violation has been
| ||||||
| 4 | properly filed, the Department, within 365
days thereof or | ||||||
| 5 | within any
extension of that period agreed to in writing by | ||||||
| 6 | all parties, shall issue its report as required by | ||||||
| 7 | subparagraph (D). Any such report
shall be duly served upon | ||||||
| 8 | both the complainant and the respondent.
| ||||||
| 9 | (2) If the Department has not issued its report within | ||||||
| 10 | 365 days after the charge is filed, or any such longer | ||||||
| 11 | period agreed to in writing by all the parties, the | ||||||
| 12 | complainant shall have 90 days to either file his or her | ||||||
| 13 | own complaint with the Human Rights Commission or commence | ||||||
| 14 | a civil action in the appropriate circuit court. If the | ||||||
| 15 | complainant files a complaint with the Commission, the form | ||||||
| 16 | of the complaint shall be in accordance with the provisions | ||||||
| 17 | of
paragraph (F)(1). If the complainant commences a civil | ||||||
| 18 | action in a circuit court, the form of the complaint shall | ||||||
| 19 | be in accordance with the Illinois Code of Civil Procedure. | ||||||
| 20 | The aggrieved party shall notify the Department that a
| ||||||
| 21 | complaint
has been filed and shall serve a copy of the | ||||||
| 22 | complaint on the Department
on the same date that the | ||||||
| 23 | complaint is filed with the Commission or in circuit court. | ||||||
| 24 | If the complainant files a complaint with the Commission, | ||||||
| 25 | he or she may not later commence a civil action in circuit | ||||||
| 26 | court.
| ||||||
| |||||||
| |||||||
| 1 | (3) If an aggrieved party files a complaint
with the
| ||||||
| 2 | Human Rights Commission or commences a civil action in | ||||||
| 3 | circuit court pursuant to paragraph (2) of this subsection, | ||||||
| 4 | or if
the time period for filing a complaint has expired, | ||||||
| 5 | the
Department shall immediately cease its investigation | ||||||
| 6 | and
dismiss the charge of civil rights violation.
Any final | ||||||
| 7 | order entered by the Commission under this Section is
| ||||||
| 8 | appealable in accordance with paragraph (B)(1) of Section | ||||||
| 9 | 8-111.
Failure to immediately cease an investigation and | ||||||
| 10 | dismiss the charge of civil
rights violation as provided in | ||||||
| 11 | this paragraph
(3) constitutes grounds for entry of an | ||||||
| 12 | order by the circuit court permanently
enjoining the
| ||||||
| 13 | investigation. The Department may also be liable for any
| ||||||
| 14 | costs and other damages incurred by the respondent as a | ||||||
| 15 | result of the action of
the Department.
| ||||||
| 16 | (4) (Blank).
| ||||||
| 17 | (H) Public Act 89-370 This amendatory Act of 1995 applies | ||||||
| 18 | to causes of action filed on or
after January 1, 1996.
| ||||||
| 19 | (I) Public Act 89-520 This amendatory Act of 1996 applies | ||||||
| 20 | to causes of action filed on or
after January 1, 1996.
| ||||||
| 21 | (J) The changes made to this Section by Public Act 95-243 | ||||||
| 22 | apply to charges filed on or
after the effective date of those | ||||||
| 23 | changes.
| ||||||
| 24 | (K) The changes made to this Section by Public Act 96-876 | ||||||
| 25 | this amendatory Act of the 96th General Assembly apply to | ||||||
| 26 | charges filed on or
after the effective date of those changes. | ||||||
| |||||||
| |||||||
| 1 | (L) The changes made to this Section by Public Act 100-1066 | ||||||
| 2 | this amendatory Act of the 100th General Assembly apply to | ||||||
| 3 | charges filed on or
after August 24, 2018 (the effective date | ||||||
| 4 | of Public Act 100-1066) this amendatory Act of the 100th | ||||||
| 5 | General Assembly. | ||||||
| 6 | (Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18; | ||||||
| 7 | 100-1066, eff. 8-24-18; 101-221, eff. 1-1-20; revised | ||||||
| 8 | 9-12-19.)
| ||||||
| 9 | Section 690. The Business Corporation Act of 1983 is | ||||||
| 10 | amended by changing Sections 15.35 and 15.65 as follows:
| ||||||
| 11 | (805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
| ||||||
| 12 | (Section scheduled to be repealed on December 31, 2025)
| ||||||
| 13 | Sec. 15.35. Franchise taxes payable by domestic | ||||||
| 14 | corporations. For the privilege of exercising its franchises in | ||||||
| 15 | this State, each
domestic corporation shall pay to the | ||||||
| 16 | Secretary of State the following
franchise taxes, computed on | ||||||
| 17 | the basis, at the rates and for the periods
prescribed in this | ||||||
| 18 | Act:
| ||||||
| 19 | (a) An initial franchise tax at the time of filing its | ||||||
| 20 | first report of
issuance of shares.
| ||||||
| 21 | (b) An additional franchise tax at the time of filing | ||||||
| 22 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
| 23 | report of an increase in paid-in
capital without the | ||||||
| 24 | issuance of shares, or (3) an amendment to the articles
of | ||||||
| |||||||
| |||||||
| 1 | incorporation or a report of cumulative changes in paid-in | ||||||
| 2 | capital,
whenever any amendment or such report discloses an | ||||||
| 3 | increase in its paid-in
capital over the amount thereof | ||||||
| 4 | last reported in any document, other than
an annual report, | ||||||
| 5 | interim annual report or final transition annual report
| ||||||
| 6 | required by this Act to be filed in the office of the | ||||||
| 7 | Secretary of State.
| ||||||
| 8 | (c) An additional franchise tax at the time of filing a | ||||||
| 9 | report of paid-in
capital following a statutory merger or | ||||||
| 10 | consolidation, which discloses that
the paid-in capital of | ||||||
| 11 | the surviving or new corporation immediately after
the | ||||||
| 12 | merger or consolidation is greater than the sum of the | ||||||
| 13 | paid-in capital
of all of the merged or consolidated | ||||||
| 14 | corporations as last reported
by them in any documents, | ||||||
| 15 | other than annual reports, required by this Act
to be filed | ||||||
| 16 | in the office of the Secretary of State; and in addition, | ||||||
| 17 | the
surviving or new corporation shall be liable for a | ||||||
| 18 | further additional franchise
tax on the paid-in capital of | ||||||
| 19 | each of the merged or consolidated
corporations as last | ||||||
| 20 | reported by them in any document, other than an annual
| ||||||
| 21 | report, required by this Act to be filed with the Secretary | ||||||
| 22 | of State from
their taxable year end to the next succeeding | ||||||
| 23 | anniversary month or, in
the case of a corporation which | ||||||
| 24 | has established an extended filing month,
the extended | ||||||
| 25 | filing month of the surviving or new corporation; however | ||||||
| 26 | if
the taxable year ends within the 2-month 2 month period | ||||||
| |||||||
| |||||||
| 1 | immediately preceding the
anniversary month or, in the case | ||||||
| 2 | of a corporation which has established an
extended filing | ||||||
| 3 | month, the extended filing month of the surviving or new
| ||||||
| 4 | corporation the tax will be computed to the anniversary | ||||||
| 5 | month or, in the
case of a corporation which has | ||||||
| 6 | established an extended filing month, the
extended filing | ||||||
| 7 | month of the surviving or new corporation in the next
| ||||||
| 8 | succeeding calendar year.
| ||||||
| 9 | (d) An annual franchise tax payable each year with the | ||||||
| 10 | annual report
which the corporation is required by this Act | ||||||
| 11 | to file.
| ||||||
| 12 | (e) On or after January 1, 2020 and prior to January 1, | ||||||
| 13 | 2021, the first $30 in liability is exempt from the tax imposed | ||||||
| 14 | under this Section. On or after January 1, 2021 and prior to | ||||||
| 15 | January 1, 2022, the first $1,000 in liability is exempt from | ||||||
| 16 | the tax imposed under this Section. On or after January 1, 2022 | ||||||
| 17 | and prior to January 1, 2023, the first $10,000 in liability is | ||||||
| 18 | exempt from the tax imposed under this Section. On or after | ||||||
| 19 | January 1, 2023 and prior to January 1, 2024, the first | ||||||
| 20 | $100,000 in liability is exempt from the tax imposed under this | ||||||
| 21 | Section. The provisions of this Section shall not require the | ||||||
| 22 | payment of any franchise tax that would otherwise have been due | ||||||
| 23 | and payable on or after January 1, 2024. There shall be no | ||||||
| 24 | refunds or proration of franchise tax for any taxes due and | ||||||
| 25 | payable on or after January 1, 2024 on the basis that a portion | ||||||
| 26 | of the corporation's taxable year extends beyond January 1, | ||||||
| |||||||
| |||||||
| 1 | 2024. Public Act 101-9 This amendatory Act of the 101st General | ||||||
| 2 | Assembly shall not affect any right accrued or established, or | ||||||
| 3 | any liability or penalty incurred prior to January 1, 2024. | ||||||
| 4 | (f) This Section is repealed on December 31, 2025. | ||||||
| 5 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
| ||||||
| 6 | (805 ILCS 5/15.65) (from Ch. 32, par. 15.65)
| ||||||
| 7 | (Section scheduled to be repealed on December 31, 2024)
| ||||||
| 8 | Sec. 15.65. Franchise taxes payable by foreign | ||||||
| 9 | corporations. For the privilege of exercising its authority to | ||||||
| 10 | transact such business
in this State as set out in its | ||||||
| 11 | application therefor or any amendment
thereto, each foreign | ||||||
| 12 | corporation shall pay to the Secretary of State the
following | ||||||
| 13 | franchise taxes, computed on the basis, at the rates and for | ||||||
| 14 | the
periods prescribed in this Act:
| ||||||
| 15 | (a) An initial franchise tax at the time of filing its | ||||||
| 16 | application for
authority to transact business in this | ||||||
| 17 | State.
| ||||||
| 18 | (b) An additional franchise tax at the time of filing | ||||||
| 19 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
| 20 | report of an increase in paid-in
capital without the | ||||||
| 21 | issuance of shares, or (3) a report of cumulative
changes | ||||||
| 22 | in paid-in capital or a report of an exchange or | ||||||
| 23 | reclassification
of shares, whenever any such report | ||||||
| 24 | discloses an increase in its paid-in
capital over the | ||||||
| 25 | amount thereof last reported in any document, other than
an | ||||||
| |||||||
| |||||||
| 1 | annual report, interim annual report or final transition | ||||||
| 2 | annual report,
required by this Act to be filed in the | ||||||
| 3 | office of the Secretary of State.
| ||||||
| 4 | (c) Whenever the corporation shall be a party to a | ||||||
| 5 | statutory merger and
shall be the surviving corporation, an | ||||||
| 6 | additional franchise tax at the time
of filing its report | ||||||
| 7 | following merger, if such report discloses that the
amount | ||||||
| 8 | represented in this State of its paid-in capital | ||||||
| 9 | immediately after
the merger is greater than the aggregate | ||||||
| 10 | of the amounts represented in this
State of the paid-in | ||||||
| 11 | capital of such of the merged corporations as were
| ||||||
| 12 | authorized to transact business in this State at the time | ||||||
| 13 | of the merger, as
last reported by them in any documents, | ||||||
| 14 | other than annual reports, required
by this Act to be filed | ||||||
| 15 | in the office of the Secretary of State; and in
addition, | ||||||
| 16 | the surviving corporation shall be liable for a further
| ||||||
| 17 | additional franchise tax on the paid-in capital of each of | ||||||
| 18 | the merged
corporations as last reported by them in any | ||||||
| 19 | document, other than an annual
report, required by this Act | ||||||
| 20 | to be filed with the Secretary
of State, from their taxable | ||||||
| 21 | year end to the next succeeding anniversary
month or, in | ||||||
| 22 | the case of a corporation which has established an extended
| ||||||
| 23 | filing month, the extended filing month of the surviving | ||||||
| 24 | corporation;
however if the taxable year ends within the | ||||||
| 25 | 2-month 2 month period immediately
preceding the | ||||||
| 26 | anniversary month or the extended filing month of the
| ||||||
| |||||||
| |||||||
| 1 | surviving corporation, the tax will be computed to the | ||||||
| 2 | anniversary or,
extended filing month of the surviving | ||||||
| 3 | corporation in the next succeeding
calendar year.
| ||||||
| 4 | (d) An annual franchise tax payable each year with any
| ||||||
| 5 | annual report which the corporation is required by this Act | ||||||
| 6 | to file.
| ||||||
| 7 | (e) On or after January 1, 2020 and prior to January 1, | ||||||
| 8 | 2021, the first $30 in liability is exempt from the tax imposed | ||||||
| 9 | under this Section. On or after January 1, 2021 and prior to | ||||||
| 10 | January 1, 2022, the first $1,000 in liability is exempt from | ||||||
| 11 | the tax imposed under this Section. On or after January 1, 2022 | ||||||
| 12 | and prior to January 1, 2023, the first $10,000 in liability is | ||||||
| 13 | exempt from the tax imposed under this Section. On or after | ||||||
| 14 | January 1, 2023 and prior to January 1, 2024, the first | ||||||
| 15 | $100,000 in liability is exempt from the tax imposed under this | ||||||
| 16 | Section. The provisions of this Section shall not require the | ||||||
| 17 | payment of any franchise tax that would otherwise have been due | ||||||
| 18 | and payable on or after January 1, 2024. There shall be no | ||||||
| 19 | refunds or proration of franchise tax for any taxes due and | ||||||
| 20 | payable on or after January 1, 2024 on the basis that a portion | ||||||
| 21 | of the corporation's taxable year extends beyond January 1, | ||||||
| 22 | 2024. Public Act 101-9 This amendatory Act of the 101st General | ||||||
| 23 | Assembly shall not affect any right accrued or established, or | ||||||
| 24 | any liability or penalty incurred prior to January 1, 2024. | ||||||
| 25 | (f) This Section is repealed on December 31, 2024. | ||||||
| 26 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 695. The General Not For Profit Corporation Act of | ||||||
| 2 | 1986 is amended by changing Section 111.25 as follows:
| ||||||
| 3 | (805 ILCS 105/111.25) (from Ch. 32, par. 111.25)
| ||||||
| 4 | Sec. 111.25. Articles of merger or consolidation.
| ||||||
| 5 | (a) Articles of merger or consolidation shall be executed | ||||||
| 6 | by
each corporation and filed in duplicate in accordance with
| ||||||
| 7 | Section 101.10 of this Act and shall set forth:
| ||||||
| 8 | (1) the name of each corporation;
| ||||||
| 9 | (2) the plan of merger or consolidation;
| ||||||
| 10 | (3) as to each corporation where the plan of merger or
| ||||||
| 11 | consolidation was adopted pursuant to Section 111.15 of | ||||||
| 12 | this
Act:
| ||||||
| 13 | (i) a statement that the plan received the
| ||||||
| 14 | affirmative vote of a majority of the directors in | ||||||
| 15 | office,
at a meeting of the board of directors, and the | ||||||
| 16 | date of the
meeting; or
| ||||||
| 17 | (ii) a statement that the plan was adopted by
| ||||||
| 18 | written consent, signed by all the directors in office, | ||||||
| 19 | in
compliance with Section 108.45 of this Act; and
| ||||||
| 20 | (4) as to each corporation where the plan of merger or
| ||||||
| 21 | consolidation was adopted pursuant to Section 111.20 of | ||||||
| 22 | this
Act:
| ||||||
| 23 | (i) a statement that the plan was adopted at a
| ||||||
| 24 | meeting of members by the affirmative vote of members | ||||||
| |||||||
| |||||||
| 1 | having
not less than the minimum number of votes | ||||||
| 2 | necessary to adopt
the plan, as provided by this Act, | ||||||
| 3 | the articles of
incorporation, or the bylaws, and the | ||||||
| 4 | date of the meeting; or
| ||||||
| 5 | (ii) a statement that the plan was adopted by
| ||||||
| 6 | written consent, signed by members having not less than | ||||||
| 7 | the
minimum number of votes necessary to adopt the | ||||||
| 8 | plan, as
provided by this Act, the articles of | ||||||
| 9 | incorporation or the
bylaws, in compliance with | ||||||
| 10 | Section 107.10 of this Act.
| ||||||
| 11 | (b) When the provisions of this Section have been complied
| ||||||
| 12 | with, the Secretary of State shall file the articles of
merger | ||||||
| 13 | or consolidation.
| ||||||
| 14 | (Source: P.A. 91-357, eff. 7-29-99; 92-33, eff. 7-1-01; revised | ||||||
| 15 | 7-18-19.)
| ||||||
| 16 | Section 700. The Illinois Pre-Need Cemetery Sales Act is | ||||||
| 17 | amended by changing Section 16 as follows:
| ||||||
| 18 | (815 ILCS 390/16) (from Ch. 21, par. 216)
| ||||||
| 19 | Sec. 16. Trust funds; disbursements.
| ||||||
| 20 | (a) A trustee shall make no disbursements from the trust | ||||||
| 21 | fund
except as provided in this Act.
| ||||||
| 22 | (b) A trustee has a duty to invest and manage the trust | ||||||
| 23 | assets pursuant to the Illinois Prudent Investor Law under | ||||||
| 24 | Article 9 of the Illinois Trust Code. Whenever the seller | ||||||
| |||||||
| |||||||
| 1 | changes trustees pursuant to this Act, the trustee must provide | ||||||
| 2 | written notice of the change in trustees to the Comptroller no | ||||||
| 3 | less than 28 days prior to the effective date of such a change | ||||||
| 4 | in trustee. The trustee has an ongoing duty to provide the | ||||||
| 5 | Comptroller with a current and true copy of the trust agreement | ||||||
| 6 | under which the trust funds are held pursuant to this Act.
| ||||||
| 7 | (c) The trustee may rely upon certifications and affidavits | ||||||
| 8 | made to it
under the provisions of this Act, and shall not be | ||||||
| 9 | liable to any person
for such reliance.
| ||||||
| 10 | (d) A trustee shall be allowed to withdraw from the trust | ||||||
| 11 | funds maintained
pursuant to this Act a reasonable fee pursuant | ||||||
| 12 | to the Illinois Trust Code.
| ||||||
| 13 | (e) The trust shall be a single-purpose trust fund. In the | ||||||
| 14 | event of the
seller's bankruptcy, insolvency or assignment for | ||||||
| 15 | the
benefit of creditors,
or an adverse judgment, the trust | ||||||
| 16 | funds shall not be available to any creditor
as assets of the | ||||||
| 17 | seller or to pay any expenses of any
bankruptcy or similar
| ||||||
| 18 | proceeding, but shall be distributed to the purchasers or | ||||||
| 19 | managed for their
benefit by the trustee holding the funds.
| ||||||
| 20 | Except in an action by the Comptroller to revoke a license | ||||||
| 21 | issued pursuant
to this Act and for creation of a receivership | ||||||
| 22 | as provided in this Act, the
trust shall not be subject to | ||||||
| 23 | judgment, execution, garnishment, attachment,
or other seizure | ||||||
| 24 | by process in bankruptcy or otherwise, nor to sale, pledge,
| ||||||
| 25 | mortgage, or other alienation, and shall not be assignable | ||||||
| 26 | except as
approved by the Comptroller. The changes made by this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of
the 91st General Assembly are intended to | ||||||
| 2 | clarify existing law regarding the
inability of licensees to | ||||||
| 3 | pledge the trust.
| ||||||
| 4 | (f) Because it is not known at the time of deposit or at | ||||||
| 5 | the time that
income is earned on the trust account to whom the | ||||||
| 6 | principal and the accumulated
earnings will be distributed, for | ||||||
| 7 | purposes of determining the Illinois Income
Tax due on these | ||||||
| 8 | trust funds, the principal and any accrued earnings or
losses | ||||||
| 9 | relating to each individual account shall be held in suspense | ||||||
| 10 | until
the final determination is made as to whom the account | ||||||
| 11 | shall be paid.
| ||||||
| 12 | (g) A trustee shall at least annually furnish to each | ||||||
| 13 | purchaser a statement identifying: (1) the receipts, | ||||||
| 14 | disbursements, and inventory of the trust, including an | ||||||
| 15 | explanation of any fees or expenses charged by the trustee | ||||||
| 16 | under paragraph (d) of this Section or otherwise, (2) an | ||||||
| 17 | explanation of the purchaser's right to a refund, if any, under | ||||||
| 18 | this Act, and (3) the primary regulator of the trust as a | ||||||
| 19 | corporate fiduciary under state or federal law. | ||||||
| 20 | (h) If the trustee has reason to believe that the contact | ||||||
| 21 | information for a purchaser is no longer valid, then the | ||||||
| 22 | trustee shall promptly notify the seller. If the trustee has | ||||||
| 23 | reason to believe that the purchaser is deceased, then the | ||||||
| 24 | trustee shall promptly notify the seller. A trustee shall remit | ||||||
| 25 | as provided in Section 18.5 of this Act any pre-need trust | ||||||
| 26 | funds, including both the principal and any accrued earnings or | ||||||
| |||||||
| |||||||
| 1 | losses, relating to an individual account that is presumed | ||||||
| 2 | abandoned under Section 18.5. | ||||||
| 3 | (Source: P.A. 101-48, eff. 1-1-20; 101-552, eff. 1-1-20; | ||||||
| 4 | revised 9-17-19.)
| ||||||
| 5 | Section 705. The Workplace Transparency Act is amended by | ||||||
| 6 | changing Section 1-25 as follows:
| ||||||
| 7 | (820 ILCS 96/1-25)
| ||||||
| 8 | Sec. 1-25. Conditions of employment or continued | ||||||
| 9 | employment. | ||||||
| 10 | (a) Any agreement, clause, covenant, or waiver that is a | ||||||
| 11 | unilateral condition of employment or continued employment and | ||||||
| 12 | has the purpose or effect of preventing an employee or | ||||||
| 13 | prospective employee from making truthful statements or | ||||||
| 14 | disclosures about alleged unlawful employment practices is | ||||||
| 15 | against public policy, void to the extent it prevents such | ||||||
| 16 | statements or disclosures, and severable from an otherwise | ||||||
| 17 | valid and enforceable contract under this Act. | ||||||
| 18 | (b) Any agreement, clause, covenant, or waiver that is a | ||||||
| 19 | unilateral condition of employment or continued employment and | ||||||
| 20 | requires the employee or prospective employee to waive, | ||||||
| 21 | arbitrate, or otherwise diminish any existing or future claim, | ||||||
| 22 | right, or benefit related to an unlawful employment practice to | ||||||
| 23 | which the employee or prospective employee would otherwise be | ||||||
| 24 | entitled under any provision of State or federal law, is | ||||||
| |||||||
| |||||||
| 1 | against public policy, void to the extent it denies an employee | ||||||
| 2 | or prospective employee a substantive or procedural right or | ||||||
| 3 | remedy related to alleged unlawful employment practices, and | ||||||
| 4 | severable from an otherwise valid and enforceable contract | ||||||
| 5 | under this Act. | ||||||
| 6 | (c) Any agreement, clause, covenant, or waiver that is a | ||||||
| 7 | mutual condition of employment or continued employment may | ||||||
| 8 | include provisions that would otherwise be against public | ||||||
| 9 | policy as a unilateral condition of employment or continued | ||||||
| 10 | employment, but only if the agreement, clause, covenant, or | ||||||
| 11 | waiver is in writing, demonstrates actual, knowing, and | ||||||
| 12 | bargained-for consideration from both parties, and | ||||||
| 13 | acknowledges the right of the employee or prospective employee | ||||||
| 14 | to: | ||||||
| 15 | (1) report any good faith allegation of unlawful | ||||||
| 16 | employment practices to any appropriate federal, State, or | ||||||
| 17 | local government agency enforcing discrimination laws; | ||||||
| 18 | (2) report any good faith allegation of criminal | ||||||
| 19 | conduct to any appropriate federal, State, or local | ||||||
| 20 | official; | ||||||
| 21 | (3) participate in a proceeding with any appropriate | ||||||
| 22 | federal, State, or local government agency enforcing | ||||||
| 23 | discrimination laws; | ||||||
| 24 | (4) make any truthful statements or disclosures | ||||||
| 25 | required by law, regulation, or legal process; and | ||||||
| 26 | (5) request or receive confidential legal advice. | ||||||
| |||||||
| |||||||
| 1 | (d) Failure to comply with the provisions of subsection (c) | ||||||
| 2 | shall establish a rebuttable presumption that the agreement, | ||||||
| 3 | clause, covenant, or waiver is a unilateral condition of | ||||||
| 4 | employment or continued employment that is governed by | ||||||
| 5 | subsection subsections (a) or (b). | ||||||
| 6 | (e) Nothing in this Section shall be construed to prevent | ||||||
| 7 | an employee or prospective employee and an employer from | ||||||
| 8 | negotiating and bargaining over the terms, privileges, and | ||||||
| 9 | conditions of employment.
| ||||||
| 10 | (Source: P.A. 101-221, eff. 1-1-20; revised 9-12-19.)
| ||||||
| 11 | Section 710. The Workers' Compensation Act is amended by | ||||||
| 12 | changing Section 4a-5 as follows:
| ||||||
| 13 | (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
| ||||||
| 14 | Sec. 4a-5. There is hereby created a Self-Insurers Security | ||||||
| 15 | Fund. The State
Treasurer shall be the ex officio ex-officio | ||||||
| 16 | custodian of the Self-Insurers Security
Fund. Moneys in the | ||||||
| 17 | Fund shall be deposited in a separate account in the
same | ||||||
| 18 | manner as are State Funds and any interest accruing thereon | ||||||
| 19 | shall be
added thereto every 6 months. It shall be subject to | ||||||
| 20 | audit the same as
State funds and accounts and shall be | ||||||
| 21 | protected by the general bond given
by the State Treasurer. The | ||||||
| 22 | funds in the Self-Insurers Security Fund shall
not be subject | ||||||
| 23 | to appropriation and shall be made available for the
purposes | ||||||
| 24 | of compensating employees who are eligible to receive benefits
| ||||||
| |||||||
| |||||||
| 1 | from their employers pursuant to the provisions of the Workers'
| ||||||
| 2 | Compensation Act or Workers' Occupational Diseases Act, when, | ||||||
| 3 | pursuant to
this Section, the Board has determined that a | ||||||
| 4 | private self-insurer has
become an insolvent self-insurer and | ||||||
| 5 | is unable to pay compensation benefits
due to financial | ||||||
| 6 | insolvency. Moneys in the Fund may be used to compensate
any | ||||||
| 7 | type of injury or occupational disease which is compensable | ||||||
| 8 | under either
Act, and all claims for related administrative | ||||||
| 9 | fees,
operating costs of the Board, attorney's fees, and other | ||||||
| 10 | costs reasonably
incurred by the Board. At the discretion of | ||||||
| 11 | the Chairman, moneys in the Self-Insurers Security Fund may | ||||||
| 12 | also be used for paying the salaries and benefits of the | ||||||
| 13 | Self-Insurers Advisory Board employees and the operating costs | ||||||
| 14 | of the Board. Payment from the Self-Insurers Security Fund | ||||||
| 15 | shall
be made by the Comptroller only upon the authorization of | ||||||
| 16 | the Chairman as
evidenced by properly certified vouchers of the | ||||||
| 17 | Commission, upon the
direction of the Board.
| ||||||
| 18 | (Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
| ||||||
| 19 | Section 715. The Hotel and Casino Employee Safety Act is | ||||||
| 20 | amended by changing Sections 5-5, 5-10, and 5-15 as follows:
| ||||||
| 21 | (820 ILCS 325/5-5) | ||||||
| 22 | (This Section may contain text from a Public Act with a | ||||||
| 23 | delayed effective date)
| ||||||
| 24 | Sec. 5-5. Definitions. As used in this Act: | ||||||
| |||||||
| |||||||
| 1 | "Casino" has the meaning ascribed to the term "riverboat" | ||||||
| 2 | under the Illinois Riverboat Gambling Act. | ||||||
| 3 | "Casino employer" means any person, business, or | ||||||
| 4 | organization that holds an owners license pursuant to the | ||||||
| 5 | Illinois Riverboat Gambling Act that operates a casino and | ||||||
| 6 | either directly employs or through a subcontractor, including | ||||||
| 7 | through the services of a temporary staffing agency, exercises | ||||||
| 8 | direction and control over any natural person who is working on | ||||||
| 9 | the casino premises. | ||||||
| 10 | "Complaining employee" means an employee who has alleged an | ||||||
| 11 | instance of sexual assault or sexual harassment by a guest. | ||||||
| 12 | "Employee" means any natural person who works full-time or | ||||||
| 13 | part-time for a hotel employer or casino employer for or under | ||||||
| 14 | the direction of the hotel employer or casino employer or any | ||||||
| 15 | subcontractor of the hotel employer or casino employer for | ||||||
| 16 | wages or salary or remuneration of any type under a contract or | ||||||
| 17 | subcontract of employment. | ||||||
| 18 | "Guest" means any invitee to a hotel or casino, including a | ||||||
| 19 | registered guest, person occupying a guest room with a | ||||||
| 20 | registered guest or other occupant of a guest room, person | ||||||
| 21 | patronizing food or beverage facilities provided by the hotel | ||||||
| 22 | or casino, or any other person whose presence at the hotel or
| ||||||
| 23 | casino is permitted by the hotel or casino. "Guest" does not | ||||||
| 24 | include an employee.
| ||||||
| 25 | "Guest room" means any room made available by a hotel for | ||||||
| 26 | overnight occupancy by guests. | ||||||
| |||||||
| |||||||
| 1 | "Hotel" means any building or buildings maintained, | ||||||
| 2 | advertised, and held out to the public to be a place where | ||||||
| 3 | lodging is offered for consideration to travelers and guests. | ||||||
| 4 | "Hotel" includes an inn, motel, tourist home or court, and | ||||||
| 5 | lodging house. | ||||||
| 6 | "Hotel employer" means any person, business entity, or | ||||||
| 7 | organization that operates a hotel and either directly employs | ||||||
| 8 | or through a subcontractor, including through the services of a | ||||||
| 9 | temporary staffing agency, exercises direction and control | ||||||
| 10 | over any natural person who is working on the hotel premises | ||||||
| 11 | and employed in furtherance of the hotel's provision of lodging | ||||||
| 12 | to travelers and guests. | ||||||
| 13 | "Notification device" or "safety device" means a portable | ||||||
| 14 | emergency contact device, supplied by the hotel employer or | ||||||
| 15 | casino employer, that utilizes technology that the hotel | ||||||
| 16 | employer or casino employer deems appropriate for the hotel's | ||||||
| 17 | or casino's size, physical layout, and technological | ||||||
| 18 | capabilities and that is designed so that an employee can | ||||||
| 19 | quickly and easily activate the device to alert a hotel or | ||||||
| 20 | casino security officer, manager, or other appropriate hotel or | ||||||
| 21 | casino staff member designated by the hotel or casino and | ||||||
| 22 | effectively summon to the employee's location prompt | ||||||
| 23 | assistance by a hotel or casino security officer, manager, or | ||||||
| 24 | other appropriate hotel or casino staff member designated by | ||||||
| 25 | the hotel or casino. | ||||||
| 26 | "Offending guest" means a guest a complaining employee has | ||||||
| |||||||
| |||||||
| 1 | alleged sexually assaulted or sexually harassed the | ||||||
| 2 | complaining employee. | ||||||
| 3 | "Restroom" means any room equipped with toilets or urinals. | ||||||
| 4 | "Sexual assault" means: (1) an act of sexual conduct, as | ||||||
| 5 | defined in Section 11-0.1 of the Criminal Code of 2012; or (2) | ||||||
| 6 | any act of sexual penetration, as defined in Section 11-0.1 of | ||||||
| 7 | the Criminal Code of 2012 and includes, without limitation, | ||||||
| 8 | acts prohibited under Sections 11-1.20 through 11-1.60 of the | ||||||
| 9 | Criminal Code of 2012. | ||||||
| 10 | "Sexual harassment" means any harassment or discrimination
| ||||||
| 11 | on the basis of an individual's actual or perceived sex or | ||||||
| 12 | gender, including unwelcome sexual advances, requests for | ||||||
| 13 | sexual favors, or other verbal or physical conduct of a sexual | ||||||
| 14 | nature.
| ||||||
| 15 | (Source: P.A. 101-221, eff. 7-1-20; revised 12-10-19.)
| ||||||
| 16 | (820 ILCS 325/5-10) | ||||||
| 17 | (This Section may contain text from a Public Act with a | ||||||
| 18 | delayed effective date)
| ||||||
| 19 | Sec. 5-10. Hotels and casinos; safety devices; anti-sexual | ||||||
| 20 | harassment policies. | ||||||
| 21 | (a) Each hotel and casino shall equip an employee who is | ||||||
| 22 | assigned to work in a guest room, restroom, or casino floor, | ||||||
| 23 | under circumstances where no other employee is present in the | ||||||
| 24 | room or area, with a safety device or notification device. The | ||||||
| 25 | employee may use the safety device or notification device to | ||||||
| |||||||
| |||||||
| 1 | summon help if the employee reasonably believes that an ongoing | ||||||
| 2 | crime, sexual harassment, sexual assault, or other emergency is | ||||||
| 3 | occurring in the employee's presence. The safety device or | ||||||
| 4 | notification device shall be provided by the hotel or casino at | ||||||
| 5 | no cost to the employee. | ||||||
| 6 | (b) Each hotel employer and casino employer shall develop, | ||||||
| 7 | maintain, and comply with a written anti-sexual harassment | ||||||
| 8 | policy to protect employees against sexual assault and sexual | ||||||
| 9 | harassment by guests. This policy shall: | ||||||
| 10 | (1) encourage an employee to immediately report to the | ||||||
| 11 | hotel employer or casino employer any instance of alleged | ||||||
| 12 | sexual assault or sexual harassment by a guest; | ||||||
| 13 | (2) describe the procedures that the complaining | ||||||
| 14 | employee and hotel employer or casino employer shall follow | ||||||
| 15 | in cases under paragraph (1); | ||||||
| 16 | (3) instruct the complaining employee to cease work and | ||||||
| 17 | to leave the immediate area where danger is perceived until | ||||||
| 18 | hotel or casino security personnel or police arrive to | ||||||
| 19 | provide assistance; | ||||||
| 20 | (4) offer temporary work assignments to the | ||||||
| 21 | complaining employee during the duration of the offending | ||||||
| 22 | guest's stay at the hotel or casino, which may include | ||||||
| 23 | assigning the complaining employee to work on a different | ||||||
| 24 | floor or at a different station or work area away from the | ||||||
| 25 | offending guest; | ||||||
| 26 | (5) provide the complaining employee with necessary | ||||||
| |||||||
| |||||||
| 1 | paid time off to: | ||||||
| 2 | (A) file a police report or criminal complaint with | ||||||
| 3 | the appropriate local authorities against the | ||||||
| 4 | offending guest; and | ||||||
| 5 | (B) if so required, testify as a witness at any | ||||||
| 6 | legal proceeding that may ensue as a result of the | ||||||
| 7 | criminal complaint filed against the offending guest, | ||||||
| 8 | if the complaining employee is still in the employ of | ||||||
| 9 | the hotel or casino at the time the legal proceeding | ||||||
| 10 | occurs; | ||||||
| 11 | (6) inform the complaining employee that the Illinois | ||||||
| 12 | Human Rights Act and Title VII of the Civil Rights Act of | ||||||
| 13 | 1964 provide additional protections against sexual | ||||||
| 14 | harassment in the workplace; and | ||||||
| 15 | (7) inform the complaining employee that Section 5-15 | ||||||
| 16 | 15 makes it illegal for an employer to retaliate against | ||||||
| 17 | any employee who: reasonably uses a safety device or | ||||||
| 18 | notification device; in good faith avails himself or | ||||||
| 19 | herself of the requirements set forth in paragraph (3), | ||||||
| 20 | (4), or (5); or discloses, reports, or testifies about any | ||||||
| 21 | violation of this Act or rules adopted under this Act. | ||||||
| 22 | Each hotel employer and casino employer shall provide all | ||||||
| 23 | employees with a current copy in English and Spanish of the | ||||||
| 24 | hotel employer's or casino employer's anti-sexual harassment | ||||||
| 25 | policy and post the policy in English and Spanish in | ||||||
| 26 | conspicuous places in areas of the hotel or casino, such as | ||||||
| |||||||
| |||||||
| 1 | supply rooms or employee lunch rooms, where employees can | ||||||
| 2 | reasonably be expected to see it. Each hotel employer and | ||||||
| 3 | casino employer shall also make all reasonable efforts to | ||||||
| 4 | provide employees with a current copy of its written | ||||||
| 5 | anti-sexual harassment policy in any language other than | ||||||
| 6 | English and Spanish that, in its sole discretion, is spoken by | ||||||
| 7 | a predominant portion of its employees.
| ||||||
| 8 | (Source: P.A. 101-221, eff. 7-1-20; revised 9-12-19.)
| ||||||
| 9 | (820 ILCS 325/5-15) | ||||||
| 10 | (This Section may contain text from a Public Act with a | ||||||
| 11 | delayed effective date)
| ||||||
| 12 | Sec. 5-15. Retaliation prohibited. It is unlawful for a | ||||||
| 13 | hotel employer or casino employer to retaliate against an | ||||||
| 14 | employee for: | ||||||
| 15 | (1) reasonably using a safety device or notification | ||||||
| 16 | device; | ||||||
| 17 | (2) availing himself or herself of the provisions of | ||||||
| 18 | paragraph (3), (4), or (5) of subsection (b) of Section | ||||||
| 19 | 5-10 10; or | ||||||
| 20 | (3) disclosing, reporting, or testifying about any | ||||||
| 21 | violation of this Act or any rule adopted under this Act.
| ||||||
| 22 | (Source: P.A. 101-221, eff. 7-1-20; revised 9-12-19.)
| ||||||
| 23 | Section 995. No acceleration or delay. Where this Act makes | ||||||
| 24 | changes in a statute that is represented in this Act by text | ||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | that is not yet or no longer in effect (for example, a Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | represented by multiple versions), the use of that text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | not accelerate or delay the taking effect of (i) the changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||